343.010 [Repealed by 1965 c.100 §456]repealed
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Oregon Revised Statutes
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As used in this chapter unless the context requires otherwise: “Child with a disability” means a school-age child who is entitled to a free appropriate public education as specified by ORS 339.115 and who requires special education because the child has been evaluated as having one of the following conditions as defined by rules established by the State Boa…
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Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall be responsible for the general supervision of all special education programs for children with disabilities, early childhood special education and early intervention services for preschool children with disabilities within the state, including all such programs …
The State Board of Education shall establish by rule criteria to guide the development and operation of special programs authorized by this chapter. The Superintendent of Public Instruction shall apply these criteria in certifying such programs for reimbursement specifically provided by law for such programs. The criteria shall be limited to educational serv…
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The Superintendent of Public Instruction shall administer all programs established under this chapter. The State Board of Education, consistent with the provisions of ORS 342.120 to 342.430, shall adopt rules relating to qualifications of teachers, supervisors, work experience coordinators, coordinators of volunteer services and trainers of volunteer personn…
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The Superintendent of Public Instruction shall employ personnel qualified by training and experience to supervise the types of services required by the special programs authorized by this chapter. Personnel so employed shall assist the school districts, county and regional facilities, early childhood special education programs, early intervention services an…
As used in this section: “504 Plan” means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. “School district employee” includes all school district employees, including classified and licensed employees regardless of job title or position description. “Students with specialized needs…
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No tuition shall be charged to any resident student participating in any special program authorized by this chapter.
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To receive special education, children with disabilities shall be determined eligible for special education services under a school district program approved under ORS 343.045 and as provided under ORS 343.221. Before initially providing special education, the school district shall ensure that a full and individual evaluation is conducted to determine the c…
In addition to any other requirements prescribed by the State Board of Education by rule for individualized family service plans or individualized education programs, the board shall require that whenever a plan or program is developed, revised or reviewed for a child who is deaf or deafblind or who is hard of hearing, the parents of the child must be provid…
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School districts shall ensure that an individualized education program is developed, reviewed and revised for each child with a disability, as defined in ORS 343.035, pursuant to the rules of the State Board of Education. If a child has an individualized education program that has been developed, reviewed and revised by another school district and the child…
An individualized education program may not use the words “retardation” or “mental retardation” to refer to a child with an intellectual disability. If an individualized education program developed, reviewed or revised before, on or after June 28, 2011, uses the words “retardation” or “mental retardation,” those words shall be substituted with other words d…
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As used in this section: “Behavior intervention plan” means an individualized plan, including positive interventions, designed to: Assist a student to decrease inappropriate behavior; and Increase or teach an alternative appropriate behavior. “504 Plan” means an education plan developed for a student in accordance with section 504 of the Rehabilitation A…
The State Board of Education shall establish by rule procedures to protect the rights of every child with a disability who is eligible for special education and every child who there is a reasonable cause to believe has a disability, including: Rules providing for the participation of the parents of a child with a disability in meetings regarding the child’…
A school district or other educational agency may not appoint as a surrogate, nor may a court order the appointment as a surrogate, to protect the special educational rights of a child with a disability, a person who is the child’s parent, guardian or former guardian if: At any time while the child was under the care, custody or control of the person, a cou…
Pursuant to rules of the State Board of Education, school districts shall identify, locate and evaluate all resident children who may have disabilities and be in need of special education, early childhood special education or early intervention.
A school district shall give written notice to the parents of a child with a disability a reasonable time before the school district: Proposes to initiate or change the identification, evaluation or educational placement of the child or the provision of a free appropriate public education to the child; or Refuses to initiate or change the identification, e…
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A school district shall obtain informed written parental consent before the school district conducts an initial evaluation or a reevaluation and before the initial provision of special education and related services for a child with a disability. At any time, the parent of a child may revoke, in writing, consent for: An initial evaluation; The initial pro…
A hearing shall be conducted pursuant to rules of the State Board of Education if: The parent requests a hearing to contest the determination of the school district concerning the identification, evaluation, individualized education program, educational placement or the provision of a free appropriate public education to the child; or The school district r…
If the finding at the hearing held under ORS 343.165 is that the identification, evaluation and educational placement by the district are appropriate and that the child is being provided a free appropriate public education, the hearing officer shall decide in support of the determination of the district. If the finding at the hearing is that the identificat…
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Notwithstanding the limitation on access to records under ORS 192.311 to 192.478, 326.565, 326.575 and 336.187, the parent is entitled at any reasonable time to examine all of the records of the school district pertaining to the identification, evaluation and educational placement of the child and the provision of a free appropriate public education to the c…
A decision under ORS 343.165 is final unless the parent or the school district files a civil action under subsection (2) of this section. Either party aggrieved by the finding and decision of the hearing officer may commence a civil action in any court of competent jurisdiction. In any action brought under this section, the court shall receive the records …
During the pendency of any administrative or judicial proceedings concerning the identification, evaluation or educational placement of the child or the provision of a free appropriate public education to the child, the child shall remain in the then current educational program placement. Notwithstanding subsection (1) of this section, the placement of a ch…
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When a child with a disability reaches the age of majority as described in ORS 109.621 or 109.625 or is emancipated pursuant to ORS 419B.550 to 419B.558: The rights accorded to the child’s parents under this chapter transfer to the child; The school district shall provide any written notice required to both the child and the parents; and The school distri…
In addition to and not in lieu of any other sanction that may be imposed against a noncomplying school district, the Superintendent of Public Instruction may withhold all or any part of the funds otherwise due a district for special education until the district complies with the requirements of ORS 343.146 to 343.183. If the Superintendent of Public Instruc…
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A school district may not prohibit or discourage a school employee or school volunteer from: Participating in good faith in interviews with individuals designated by the Department of Education, law enforcement, a court or any other entity involved in the investigation of a complaint under ORS 343.165; Making a good faith report of a violation of state or …
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Any public or private official having reasonable cause to believe that any child with whom the official comes in contact officially is a child with a disability who is eligible for but not enrolled in a special education program shall report to the Superintendent of Public Instruction the child’s name and the facts leading the official to the belief. Nothin…
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In order to provide special education for children with disabilities, the district school board of any school district in which there are school-age children who require special education: Shall submit an annual projected activities and cost statement to the Superintendent of Public Instruction for a program of special education for the district’s children …
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Each school district shall make assistive technology devices or assistive technology services, or both, available to a child with a disability if required as part of a child’s special education, related services or supplementary aids and services. The State Board of Education shall establish by rule the definitions of assistive technology devices and assist…
School districts are not financially responsible for noneducational care of a child with a disability unless that district has participated in development of the child’s individualized education program that clearly documents that the care is prerequisite to the child receiving a free and appropriate education and the placement is for educational program nee…
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The Superintendent of Public Instruction may provide special education on a local, county or regional basis without regard to county boundaries in all areas of the state for children who have a low incidence disability. Children with a low incidence disability include, but are not limited to, children who: Have a visual impairment; Are deaf or hard of hear…
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Each school year, the Department of Education shall receive an amount, as calculated under this section, from the State School Fund to pay the costs of educating children in programs under ORS 343.261, 343.961 and 346.010. To meet the requirements of ORS 343.261, the department shall receive from the State School Fund an amount that is equal to the product …
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There is established in the General Fund a separate account to be known as the Special Education Account. All moneys received by the Department of Education under this section shall be deposited in the State Treasury to the credit of the account and appropriated continuously for purposes of ORS 343.261, 343.961 and 346.010. The account shall be divided into …
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As used in this section, “hospital” means: A state-operated hospital; A hospital or clinic of the Oregon Health and Science University; or A private hospital that is not a psychiatric facility and that: Has the capacity to admit patients from throughout this state; Provides specialized intensive treatment for children with severe, low-incidence types of…
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Where federal funds are made available on a matching basis for special education, state funds available for special education may be used to match the federal funds.
There is created a State Advisory Council for Special Education, consisting of members appointed by the Superintendent of Public Instruction. Members shall be representative of the geographic areas of this state. Members must include: Individuals with disabilities; Parents or guardians of children with disabilities ages birth through 26; Teachers; State…
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Every school district, combination of districts or education service district that operates or plans to operate a program of special education under ORS 343.035 and 343.221 may appoint one or more local advisory councils consisting primarily of parents of children being served in special education programs. Each advisory council shall select its own chairpe…
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A school district shall award to children with disabilities a document certifying successful completion of program requirements. A school district may not issue a document to a child with a disability educated in full or in part in a special education program that indicates the document is issued by such a program. A school district shall give to a child wi…
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As used in ORS 343.321 to 343.331: “Abbreviated school day” means any school day during which a student with a disability receives instruction or educational services for fewer hours than the majority of other students who are in the same grade within the student’s resident school district. “Abbreviated school day program” means an education program: In w…
The Legislative Assembly finds that: Students with disabilities have a right to meaningful access to the same number of hours of instruction and educational services as the majority of students without disabilities who are in the same grade within the student’s resident school district. Removal from school is neither a service nor support for students with…
A school district may not provide an abbreviated school day program to a student with a disability unless all of the following are satisfied: The student’s individualized education program team: Recommends that the student should be placed on an abbreviated school day program: Based on the student’s individual needs, which may not include consideration of…
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When a student with a disability is placed on an abbreviated school day program, the provisions of this section apply. For each student with a disability placed on an abbreviated school day program, the school district shall: Prior to each meeting of the student’s individualized education program team, provide the following information in writing to the pa…
A parent or a foster parent may, at any time, revoke consent for the placement of a student with a disability on an abbreviated school day program. Consent for the abbreviated school day program placement shall be considered revoked if, at any time, the parent or the foster parent revokes the consent, in writing, to an abbreviated school day program placeme…
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ORS 343.322, 343.324, 343.326 and 343.328 do not apply to any of the following: Any abbreviated school days that are a component of discipline imposed in compliance with ORS 339.250, 339.252 or 343.155 (5) or that are the result of a placement made as provided by ORS 343.177. A student’s exclusion from schools due to the student’s immunization status or du…
Nothing in ORS 343.321 to 343.331 is intended to limit or operate as a prerequisite to pursuing any rights or remedies provided under other state or federal statutes or common law. Nothing in ORS 343.321 to 343.331 is intended to eliminate or limit the ability of a school district to request an expedited hearing as described in ORS 343.165 (7)(b) because th…
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The purpose of ORS 343.391 to 343.413 is to facilitate the identification and education of talented and gifted children.
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As used in ORS 343.391 to 343.413, unless the context requires otherwise: “Application” means a request for state funds that is submitted by a school district under ORS 343.399 to develop and operate programs for students under a written plan of instruction for talented and gifted children described in ORS 343.397. “Identification” means the formal process…
It is legislative policy that, when talented and gifted programs are offered, the programs should be provided by common or union high school districts, combinations of such districts or education service districts, in accordance with ORS 334.175, and that the state will provide financial and technical support to the districts to implement the education progr…
A school district shall submit to the Superintendent of Public Instruction a written plan of instruction for talented and gifted children. The plan shall include, but not be limited to: A statement of school district policy on the education of talented and gifted children; An assessment of current special programs and services provided by the school distri…
Any school district may apply for state funds for special programs and services for talented and gifted children identified in the district. A school district may apply for state funds by submitting an application to the Superintendent of Public Instruction. The superintendent shall annually establish a date after which no further applications for state fun…
Except as provided in ORS 343.404, the funds specifically appropriated for the program under ORS 343.391 to 343.413 shall be distributed only to school districts whose applications submitted to the Superintendent of Public Instruction pursuant to ORS 343.399 have been approved. State funds shall be allocated on an approved program cost basis, the amount of …
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The Superintendent of Public Instruction may annually expend funds appropriated for the talented and gifted program to provide administration of and support for the development of talented and gifted education statewide. These services may include: Teacher training programs and workshops; Consultant and technical assistance to districts; Small grants to …
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School districts shall identify talented and gifted children enrolled in public schools under rules adopted by the State Board of Education. The rules must require school districts to: Allow any person who knows the child to recommend that a child be screened for identification as a talented and gifted child; Provide a screening of a child recommended unde…
School districts shall provide educational programs or services to talented and gifted students enrolled in public schools under rules adopted by the State Board of Education.
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ORS 343.407 and 343.409 apply to the identification of and provision of special educational programs and services for children described in ORS 343.395 (4)(a) and (b) and rules adopted by the State Board of Education. School districts may identify and provide special educational programs and services for children who demonstrate creative abilities, leadersh…
ORS 343.407 to 343.413 shall be known as the Oregon Talented and Gifted Education Act.
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Providers under the Oregon Prenatal to Kindergarten Program, as defined in ORS 329.175, shall be responsible for providing early childhood special education as defined in ORS 343.035 (5). Not less than 10 percent of the population of children served by a provider under the Oregon Prenatal to Kindergarten Program shall be children who are eligible to receive…
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It is the policy of this state to respect the unique nature of each child, family and community with particular attention to cultural and linguistic diversity, and to support a system of services for preschool children with a disability and their families that: Recognizes the importance of the preschool child’s family, supports and builds on each family’s s…
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In accordance with rules of the State Board of Education adopted in consultation with the Early Learning Council, the Superintendent of Public Instruction shall collaborate with the Early Learning System Director to develop and administer a statewide, comprehensive, coordinated, multidisciplinary, interagency program of early childhood special education and …
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The State Board of Education shall adopt by rule procedures to insure that the Department of Education and early childhood special education and early intervention contractors maintain as confidential all records relating to preschool children with disabilities, but only to the extent required by federal law. The department and the contractor shall not discl…
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If no contractor is designated for a service area, and no qualified county agency is available to manage the necessary services or to subcontract the services, the Department of Education may provide early childhood special education and early intervention services in a local, county or service area. Contractors designated under this section shall coordinat…
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There is created the State Interagency Coordinating Council. The Governor shall appoint members of the council from a list of eligible appointees from this state that is provided by the council and agencies described in subsection (2) of this section and shall ensure that the membership of the council reasonably represents the racial, ethnic, linguistic and…
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Each contractor for early childhood special education and early intervention services shall assist in the development of a local early intervention interagency advisory council in every county within the contractor’s service area. Each local early intervention interagency advisory council shall include as members at least 20 percent parents of preschool chi…
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The Department of Education shall enter into written interagency agreements with state or federal agencies contracting for, or providing services to, preschool children with disabilities or who are at risk of developing disabling conditions, and their families. Each interagency agreement shall include: Components necessary to insure effective cooperation a…
The State Board of Education shall establish by rule procedures prescribing the eligibility criteria for early childhood special education and early intervention services.
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Whenever the parent of a child believes that the child is eligible for early childhood special education or early intervention services or is concerned about the child’s developmental progress, the parent may initiate a referral to the contractor, or the designated referral and evaluation agency, in the county where the child resides. Services contractors, …
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In accordance with rules of the State Board of Education, the agencies under contract with the Department of Education to provide early childhood special education or early intervention services must ensure that an individualized family service plan is developed for each preschool child with a disability, as defined in ORS 343.035, who is determined eligible…
Service coordination shall be provided as an early intervention service or may be provided as other services for children and families in early childhood special education as defined under ORS 343.035 and shall include: Coordinating all services across agency lines; Assisting parents of eligible children in gaining access to early intervention services and…
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A contractor or contractor’s designee shall give written notice to the parents of a preschool child with a disability or the parents of a preschool child suspected of having a disability within a reasonable time before the contractor or the contractor’s designee: Proposes to initiate or change the identification, evaluation or placement of the child or the …
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The State Board of Education shall establish by rule the procedural safeguards for the implementation of early intervention services. The State Board of Education shall assure by rule that all preschool children who are three years of age to eligibility for entry into kindergarten are provided by the Department of Education the same procedural safeguards an…
The Department of Education shall not bill a resident school district for a child receiving services under this section even if the child is served by a county or regional program otherwise subject to ORS 343.243. The resident school district shall provide transportation service to preschool children with disabilities, as defined in ORS 343.035, age three u…
The funds specially appropriated to early childhood special education and early intervention services shall be contracted to providers that have been approved by the Superintendent of Public Instruction. State funds shall be allocated on an approved program basis, the amount of which shall be established pursuant to rules of the State Board of Education. T…
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As used in ORS 343.565 to 343.595: “Braille” means the system of reading and writing through touch commonly known as standard English Braille. “Student who is blind” means an individual who: Is eligible for special education due to visual impairment; or Has a medically indicated expectation of visual deterioration.
In developing the individualized education program for each student who is blind, the presumption shall be that proficiency in reading and writing is essential for the student to achieve satisfactory educational progress. Each student who is blind shall be assessed to determine the most appropriate learning media, including but not limited to Braille. The in…
Instruction in Braille reading and writing provided under ORS 342.153 and 343.565 to 343.595 shall be sufficient to enable each student who is blind to communicate effectively. When the need for Braille is determined, the student’s individualized education program shall specify the extent and nature of the student’s training in Braille, pursuant to standards…
The State Board of Education shall require a publisher of a textbook adopted by a school district to furnish the Oregon Textbook and Media Center with computer diskettes for literary subjects in a computer-accessible format from which Braille versions of the textbook can be produced. The publisher shall furnish the center with computer diskettes in a compute…
It shall be the policy of this state that students who are blind and who, due to lack of visual acuity or perception, cannot read printed material at a competitive rate of speed and with facility, or who have a reasonable expectation of visual deterioration, shall be encouraged to learn to read and write Braille.
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As used in ORS 343.650 to 343.680, unless the context requires otherwise: “Disadvantaged children” means children who in their backgrounds are socially or culturally deprived to such a degree that without supplemental facilities and services they cannot profit in the regular school program to the same extent as children with normal backgrounds. “Facilities…
The district school board of any school district in which the regular school program is inadequate for the educational needs of disadvantaged children may provide facilities and services for such children during and outside of regular school hours and regular school days.
Notwithstanding the provisions of any other law, the Department of Education may make advance payment from funds received by the Department of Education pursuant to Public Law 89-10, as further amended by Public Law 95-561, to school districts based on the estimated cost of any approved program or service to be provided.
For the purposes of carrying out the provisions of ORS 343.650 to 343.670 the Department of Education shall advance to or reimburse any common or union high school district with at least 40,000 average daily membership, as defined by ORS 327.006, from funds specifically appropriated for such purposes, such amounts as may from time to time be certified by suc…
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As used in ORS 343.810 to 343.835, unless the context requires otherwise: “Migrant child” means a child between 3 and 21 years of age who is in the custody of migrant workers whether or not they are parents of the child. “Migrant worker” means an individual engaged in agricultural labor who does not regularly reside in the county in which the individual is…
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School districts may establish summer programs for migrant children to supplement the regular school program and provide instruction in those educational areas in which the migrant child needs special help. The summer programs may be attended by migrant children who will attend regular school sessions in the ensuing school year.
Pursuant to rules of the State Board of Education, school districts shall submit a proposed budget for summer programs to the Superintendent of Public Instruction for approval. Upon completion of the summer program the claim shall be presented to the Superintendent of Public Instruction for reimbursement which shall be made only for the actual and approved e…
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The Department of Education shall: Pursuant to rules of the State Board of Education, require that programs for students with moderate to severe intellectual disabilities meet program standards. Supply the Department of Human Services with information, on forms developed by the Department of Human Services, concerning all students with moderate to severe i…
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As used in this section, “pediatric nursing facility” means a skilled nursing facility, as defined in ORS 442.015, that: Is licensed by the Department of Human Services; and Serves pediatric residents, of which 50 percent or more were admitted when 13 years of age or younger and of which 100 percent are 22 years of age or younger. The Department of Educat…
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The Department of Education shall ensure that transition services, as defined in ORS 343.035, provided to students with intellectual or developmental disabilities do not occur in a sheltered work setting or a mock sheltered work setting, as those terms are defined by rule by the department. Note: 343.955 was enacted into law by the Legislative Assembly but …
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Day treatment program” means a public or private program that provides treatment of children with a mental illness, an emotional disturbance or another mental health issue. “Eligible day treatment program” means a day treatment program with which the Oregon Health Authority contracts for long term care or treatment. “Eligible day …
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Child-caring agency” has the meaning given that term in ORS 418.205. “Public funds” means moneys drawn from the State Treasury or any special or trust fund of the state government, including any moneys appropriated by the state government and transferred to any public body, as defined in ORS 174.109, and any other moneys under the…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.