Oregon Revised Statutes

Chapter 346 — Programs for Persons Who Are Deaf, Hard of Hearing, Deaf-Blind or Blind

99 sections

346.001 [1969 c.597 §80a; repealed by 1971 c.301 §26]

346.002 [1969 c.597 §80c; repealed by 1971 c.301 §26]

346.003 [1969 c.597 §80e; repealed by 1971 c.301 §26]

346.004 [1969 c.597 §80f; repealed by 1971 c.301 §26]

346.005 [1969 c.597 §80g; repealed by 1971 c.301 §26]

TRAINING AND EDUCATION FACILITIES FOR CHILDREN WHO ARE DEAF, HARD OF HEARING OR DEAF-BLIND

346.010 Training and educational services for children who are deaf, hard of hearing or deaf-blind; rules

Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall provide free training and education services in a school located in Marion County for children who are deaf, hard of hearing or deaf-blind. The Superintendent of Public Instruction shall indicate which facilities shall serve as the Oregon School for the Deaf. …

346.015 Preparing individualized education program or 504 Plan prior to placement; consultation; declaration that district cannot provide education; rules

Prior to convening a meeting to prepare an individualized education program or an education plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, for a child with an intellectual disability or a developmental disability for whom placement at the school operated under ORS 346.010 may be considered, the agency that is …

346.017 Enrollment of nonresident students in school permitted

Notwithstanding ORS 346.015, the Superintendent of Public Instruction may enroll a student in the school operated under ORS 346.010 if the student is not a resident of Oregon. However, priority for enrollment at the school shall be given to students who are residents of Oregon. The superintendent may charge tuition and fees to any student who is enrolled un…

346.019 Educational Facilities Fund

There is established an Educational Facilities Fund, separate and distinct from the General Fund. All tuition and fees collected under ORS 346.017 and all expenses incurred in the administration of ORS 346.017 shall be deposited to and borne by the fund. Interest earned by the fund shall be credited to the fund. The moneys in the fund are appropriated conti…

346.020 Course of instruction; personnel; authority over students; rules

The Superintendent of Public Instruction shall prescribe the course of instruction for students enrolled in the school operated under ORS 346.010. The State Board of Education shall determine the procedures for placement, development of services and operation of the school in conformance with state and federal laws relating to children who are eligible for s…

346.030 Application for admission

Application for admission to the school operated under ORS 346.010 shall be made to the Department of Education. Application shall be made on forms which are provided by the department.

346.035 Annual review of individualized education program or 504 Plan for certain children

For a child who is enrolled under ORS 346.010 and who has an intellectual disability or a developmental disability, the Department of Education shall notify the community developmental disabilities program of the education plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and the date of the annual review of the …

346.040 [Amended by 1965 c.100 §447; 1971 c.301 §5; 1979 c.639 §1; 1981 c.222 §1; repealed by 1991 c.631 §5]

346.041 Resident district responsible for transportation of pupils; Special Education Transportation Revolving Account

Transportation for pupils attending the school operated under ORS 346.010 is the responsibility of the pupil’s resident school district. The district may provide transportation directly or by agreement with another school district, a public carrier or the Department of Education. The actual and necessary transportation expenses incurred under subsection (1)…

346.042 [1979 c.639 §3; repealed by 1991 c.631 §5]

346.045 [1969 c.58 §1; 1971 c.301 §6; 1979 c.639 §2; 1989 c.491 §55; repealed by 1991 c.631 §5]

346.047 Authority of state board to hold property

The State Board of Education may receive, take and hold property, both real and personal for the school operated under ORS 346.010 and may sell, transfer, assign, allot, set over or convey the property pursuant to legislative authority.

346.049 [1971 c.301 §10; repealed by 1991 c.631 §5]

346.050 [Amended by 1965 c.100 §448; 1969 c.597 §80j; repealed by 1971 c.301 §26]

346.051 [1971 c.301 §11; 1989 c.491 §57; repealed by 1991 c.631 §5]

346.053 [1971 c.301 §12; repealed by 1991 c.631 §5]

346.055 Trust account for student funds

When the Department of Education has in possession or under control, in a bank account or otherwise, funds that are the property of the students enrolled in the school operated under ORS 346.010 or that have been deposited for their use or for expenditure in their behalf, the department shall deposit such funds, as they are received, together with any such f…

346.060 [Amended by 1957 c.182 §1; 1959 c.176 §1; 1961 c.484 §1; 1963 c.597 §1; 1965 c.100 §449; 1965 c.469 §1; 1969 c.597 §80k; 1971 c.301 §7; 1971 c.435 §1; repealed by 1973 c.713 §8]

346.070 Aid to students who are deaf, hard of hearing or deaf-blind; rules

Subject to subsection (3) of this section, every student who is deaf, hard of hearing or deaf-blind and who has been a resident of Oregon for the three years immediately preceding application and who is attending any university, college or other suitable school is eligible to apply for a state grant-in-aid to help defray approved expenses. If the student’s a…

346.080 Notice to employees of reasonable assurance of continued employment

The Department of Education shall give the notice required by ORS 332.554 to all classified employees of the Oregon School for the Deaf in the same manner and to the same effect as notice given under ORS 332.554.

346.085 [2007 c.858 §47; repealed by 2017 c.532 §5]

346.087 [2007 c.858 §49; repealed by 2017 c.532 §5]

346.089 [2007 c.858 §50; repealed by 2017 c.532 §5]

DEAF STUDENTS’ BILL OF RIGHTS

346.090 Short title

ORS 346.091 shall be known and may be cited as the Deaf Students’ Bill of Rights.

346.091 Legislative findings; school district responsibilities related to children who are deaf, hard of hearing or deaf-blind

As used in this section, “school district” means a common or union high school district, an education service district, a state-operated school or any legally constituted combination of such entities. The Legislative Assembly finds and declares that children who are deaf, hard of hearing or deaf-blind who utilize one or more modes of communication have the …

346.092 [2007 c.858 §51; repealed by 2017 c.532 §5]

346.097 [2007 c.858 §52; repealed by 2009 c.562 §36]

346.099 [2007 c.858 §54; repealed by 2009 c.562 §36]

346.101 [2007 c.858 §55; repealed by 2009 c.562 §36]

346.104 [2007 c.858 §56; repealed by 2009 c.562 §36]

COMMISSION FOR THE BLIND

346.110 Definitions for ORS 346.110 to 346.270

As used in ORS 346.110 to 346.270: “Commission” means the Commission for the Blind. “Person who is blind” means a person whose central visual acuity does not exceed 20/200 in the better eye with best correction or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision to such a degree that its widest diameter subtends …

346.120 Commission for the Blind; purpose

There is created a commission for persons who are blind and for the prevention of blindness, to be known as the Commission for the Blind. The commission shall: Establish and be responsible for the administration of a program or programs for persons who are blind which will promote, in the manner set forth in ORS 346.110 to 346.270, the welfare of persons wi…

346.130 Commission members; confirmation; meetings; compensation and expenses

The Commission for the Blind shall be appointed by the Governor and shall consist of the following seven members: Four members who are qualified persons within the legal definition of persons who are blind; and Three members appointed from among the areas of employers, labor, optometry, ophthalmology, and education of persons who are blind. However, no mor…

346.135 [1977 c.731 §3; 1979 c.411 §2; repealed by 1993 c.742 §80]

346.140 Administrator and other employees

The Commission for the Blind shall employ an administrator and such other persons as may be necessary and fix their compensation, except as such compensation otherwise may be regulated by law.

346.150 Rules and regulations

The Commission for the Blind may make and promulgate rules and regulations reasonably necessary or proper to carry out the provisions of ORS 346.110 to 346.270. The commission shall make and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the commission. The use of such…

346.160 Register of persons who are blind

The Commission for the Blind shall cause to be compiled and maintained as complete as possible a register of persons in Oregon who are blind, which shall describe the extent of blindness, cause of blindness and such other facts in regard to each person so registered as the commission may deem advisable.

346.165 Use of official records

The Commission for the Blind may not disclose or use the contents of the register of persons who are blind filed and maintained under the provisions of ORS 346.160, or any records, files, papers or communications for purposes other than those directly connected with the programs administered by the commission, and the register of persons who are blind, the r…

346.167 Prohibited uses of records

No person or agency shall solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any lists or names for commercial or political purposes of any nature, or for any purpose not directly connected with the administration of programs administered by the Commission for the Blind.

346.169 Exchange of public or private agency records

Notwithstanding the provisions of ORS 346.165 and 346.167, whenever a person who is blind or blind and deaf requests any public or private agency to exchange with another agency the records of the agency concerning the person making the request, the agency shall furnish the records to the designated agency. The request made under subsection (1) of this sect…

346.170 Program for conservation and restoration of sight and prevention of blindness; free eye care

The Commission for the Blind shall maintain a program for the conservation and restoration of sight and the prevention of blindness, the objects of which shall be to inaugurate and cooperate in such measures for the prevention of blindness in Oregon as the commission may deem advisable. The commission in its discretion may arrange for and pay for the examin…

346.180 Vocational rehabilitation services

The Commission for the Blind shall maintain a program of vocational rehabilitation services. The object of the program shall be to aid persons with visual impairments in finding employment, to provide such physical restoration as will increase their employability, to establish a program of small business enterprises in which such persons are able to work, to…

346.190 [Amended by 1957 c.190 §1; 1967 c.535 §1; 1969 c.240 §2; 1973 c.713 §4; 1979 c.468 §33; 1989 c.224 §61; 2005 c.218 §16; 2007 c.70 §125; repealed by 2014 c.107 §1]

346.200 [Repealed by 1973 c.713 §8]

346.210 [Amended by 1975 c.638 §5; 1977 c.277 §1; 1989 c.224 §62; 2007 c.70 §126; repealed by 2017 c.717 §23]

346.220 [Amended by 1975 c.638 §6; 1989 c.224 §63; 2007 c.70 §127; repealed by 2017 c.717 §23]

346.230 [Amended by 1959 c.98 §1; 1961 c.484 §2; 1983 c.740 §114; 2005 c.755 §23; repealed by 2014 c.107 §1]

346.235 [1959 c.98 §3; repealed by 1965 c.448 §4]

346.240 Payment of incidental expenses of commission

The Oregon Department of Administrative Services may, from time to time, as may be necessary, draw a warrant in favor of the Commission for the Blind for a sum not exceeding $1,500 in any one amount, to be used for the purpose of paying for postage, expressage, freight, telegraph, telephone and other incidental expenses for which payment must be made in cash…

346.250 Program of social and educational services

The Commission for the Blind may establish a program of social and educational services for the purpose of ameliorating the condition of persons with visual impairments by providing instruction that will assist them in making the best possible adjustment to conditions resulting from loss or impairment of sight, as the commission may deem advisable. Special c…

346.260 Cooperation with Department of Human Services

The Commission for the Blind shall: Cooperate with the Department of Human Services in the administration of programs for persons who are blind; and When requested by the department, make an investigation of an applicant eligible for programs for persons who are blind and make recommendations to the department regarding services for the applicant and the e…

346.265 Authority to cooperate with and receive grants from federal government

In addition to its other powers, the Commission for the Blind may enter into agreements with, join with or accept grants from, the federal government for cooperative research, demonstration projects and personnel training programs. The commission is designated the state agency to receive any other federal funds available for the furtherance of the programs u…

346.270 Receipt and expenditure of gifts and bequests

The Commission for the Blind may receive moneys by gift or bequest and expend the moneys for any of the objects and purposes of the commission under ORS 346.120. Moneys received under this section shall be deposited with the State Treasurer in an account separate and distinct from the General Fund. Interest earned by the account shall be credited to the acco…

346.280 [Repealed by 1975 c.605 §33]

346.290 Commission for the Blind Account

There is established in the General Fund of the State Treasury an account to be known as the Commission for the Blind Account. Except for funds made available to the Commission for the Blind under ORS 346.270 or deposited pursuant to ORS 346.569, all moneys received by the commission for promoting the welfare of persons with visual impairments shall be paid …

346.300 Criminal records checks

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Commission for the Blind may require the fingerprints of a person who: Is employed or applying for employment by the commission; or Provides services or seeks to provide services to the commission as a volunteer; and Is, or will be, working or providing serv…

346.310 [Repealed by 1973 c.713 §8]

FUNDING FOR SERVICES TO STUDENTS WHO ARE BLIND OR VISUALLY IMPAIRED

346.315 Blind and Visually Impaired Student Fund

The Blind and Visually Impaired Student Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Blind and Visually Impaired Student Fund shall be credited to the Blind and Visually Impaired Student Fund. Moneys in the Blind and Visually Impaired Student Fund are continuously appropriated to the Departme…

346.320 [Amended by 1961 c.484 §3; repealed by 1973 c.713 §8]

346.330 [Repealed by 1957 c.190 §2]

346.340 [Repealed by 1973 c.713 §8]

346.350 [Repealed by 1955 c.112 §1]

346.360 [Amended by 1967 c.335 §40; repealed by 1973 c.713 §8]

346.370 [Repealed by 1957 c.190 §2]

346.380 [Repealed by 1957 c.190 §2]

346.390 [Repealed by 1957 c.190 §2]

VENDING FACILITIES ON PUBLIC PROPERTY

346.510 Definitions for ORS 346.510 to 346.570

As used in ORS 346.510 to 346.570: “Cafeteria” means a food-dispensing facility: That can provide a variety of prepared foods and beverages; Where a patron may move through a self-service line; That may employ some servers to wait on patrons; and That provides seating suitable for patrons to consume meals. “Healthy vending item” and “local vending item…

346.520 Persons who are blind to have priorities and preferences to operate vending facilities in public buildings or on public property; charges prohibited; exception

For purposes of providing persons who are blind with remunerative employment, enlarging the economic opportunities of persons who are blind and stimulating persons who are blind to greater efforts to make themselves self-supporting with independent livelihoods, persons who are blind and who are licensed under ORS 346.510 to 346.570 by the Commission for the …

346.525 Priorities and preferences for persons who are blind to operate vending facilities in public buildings

The state shall grant to persons who are blind a priority to: Operate vending facilities in public buildings in this state, unless the vending facilities are: Cafeterias; or Located at a community college or at a visitor venue. Operate vending machines located at visitor venues. The state shall grant to persons who are blind a preference to: Operate ca…

346.530 Notice to commission on vending facilities locations; notification of reason for refusal of commission offer

Each agency, department or political subdivision charged with maintaining public buildings or properties shall: Annually notify the Commission for the Blind in writing of any and all existing locations where vending facilities are in operation or where vending facilities might properly and satisfactorily be operated. Not less than 30 days prior to the reac…

346.540 Duties of commission with respect to operation of vending facilities; report; rules

The Commission for the Blind shall: As the commission determines is necessary, survey public buildings or properties to determine the suitability of the public buildings or properties as locations for vending facilities to be operated by persons who are blind and advise the agencies, departments or political subdivisions charged with maintaining the public …

346.543 Aid by commission to persons with visual impairments to enable operation of vending facility

The Commission for the Blind may, in the discretion of the commission or if requested by a vending facility manager licensed under ORS 346.510 to 346.570, aid persons with visual impairments by supplying to a person with a visual impairment materials, equipment or machinery, or by allowing the manager to subcontract with a third party to obtain materials, eq…

346.546 Active participation by business enterprise consumer committee

The Commission for the Blind shall ensure the active participation of the commission’s business enterprise consumer committee in the commission’s major administrative, policy and program development decisions that impact the commission’s business enterprise program. The commission shall provide relevant data and information to the committee in a timely mann…

346.550 Commodities and articles that may be sold at vending facilities

A vending facility operated under the provisions of ORS 346.510 to 346.570 must be used solely for the vending of commodities and articles approved by the Commission for the Blind and by the state agency, department or political subdivision charged with maintaining the public building or property in or on which the vending facility is operated.

346.553 Agreements with subcontractors; rules

With written approval from the Commission for the Blind, a vending facility manager may enter into an agreement with a subcontractor included on the list of approved subcontractors described in subsection (4) of this section in order to enable the manager to operate the vending facility. In determining whether to approve an agreement with a subcontractor, t…

346.556 Vending facility manager statement of full-time employment; rules

The Commission for the Blind shall adopt by rule a vending facility manager statement of full-time employment with which a vending facility manager shall comply. The statement must describe the responsibilities of a vending facility manager, including, but not limited to, responsibilities regarding: Weekly contact requirements with employees or subcontracto…

346.560 Manager subject to applicable policies, rules, laws and ordinances

The vending facility manager of each vending facility operated under ORS 346.510 to 346.570 is subject to the provisions of any policies, rules, laws and ordinances that apply within the territory where the vending facility is located, including any laws and ordinances that require a license or permit for the conduct of any aspect of the operation of the ven…

346.563 Winding down operations of vending facility by spouse or domestic partner

The surviving spouse or domestic partner of a vending facility manager who is deceased or who becomes incapacitated by a physical or mental illness may continue to operate the vending facility formerly operated by the original vending facility manager for up to six months after the date of death or incapacitation, or until the date on which the operating agr…

346.565 Participation in state health benefit plan and deferred compensation plan

A business enterprise manager who is blind, as described under ORS 346.510 to 346.570, or a person who is blind who is an employee of a private nonprofit Oregon corporation established and authorized by the Commission for the Blind to provide employment to persons who are blind may participate in a health benefit plan available to state employees pursuant to…

346.567 Collection of percentage of net proceeds of operation of vending facilities; rules

The Commission for the Blind shall collect a percentage of net proceeds earned by a vending facility. The moneys collected under this section shall be deposited into the fund established under ORS 346.569. The commission shall determine by rule, and shall state in an agreement with a vending facility manager, the percentage of net proceeds to be collected u…

346.569 Fund from net proceeds of operation of vending facilities; disbursements; report

The Commission for the Blind shall establish in the State Treasury a fund from the net proceeds of the operation of vending facilities. Moneys deposited into the fund, including the interest earned, shall be credited to a special checking account, separate and distinct from the General Fund. Disbursement from the account may be made by check signed by the pe…

346.570 Rights of persons operating vending facilities prior to August 20, 1957

Those individuals who are operating vending facilities in public buildings or on public properties, as defined in ORS 346.510 prior to August 20, 1957, shall not be affected by ORS 346.510 to 346.570, except and only insofar as provided in ORS 346.530 (2). Any person who is blind and who is presently operating a vending facility in or on public buildings or…