ORS Chapter 346
Chapter 346 — Programsfor Persons Who Are Blind or Deaf
2009 EDITION
PROGRAMSFOR PERSONS WHO ARE BLIND OR DEAF
EDUCATIONAND CULTURE
TRAININGAND EDUCATION FACILITIES FOR CHILDREN WHO ARE DEAF
(Generally)
346.010 Trainingand educational services for children who are deaf
346.015 Preparingindividual education plan prior to placement; consultation; declaration thatdistrict cannot provide education; rules
346.017 Enrollmentof nonresident students in school permitted
346.019 EducationalFacilities Fund
346.020 Courseof instruction; personnel; authority over students; rules
346.030 Applicationfor admission
346.035 Annualreview of individual education plan for certain children
346.041 Residentdistrict responsible for transportation of pupils; Special EducationTransportation Revolving Account
346.047 Authorityof state board to hold property
346.055 Trustaccount for student funds
346.070 Aidto students who are deaf; rules
346.080 Noticeto employees of reasonable assurance of continued employment; effect of failureto give notice
(Boardof Directors of Oregon School for the Deaf)
346.085 Membership;terms; compensation and expenses
346.087 Organization;quorum; meetings
346.089 Duties
346.092 Masterplan; reports
COMMISSIONFOR THE BLIND
346.110 Definitionsfor ORS 346.110 to 346.270
346.120 Commissionfor the Blind; purpose
346.130 Commissionmembers; confirmation; meetings; compensation and expenses
346.140 Administratorand other employees
346.150 Rulesand regulations
346.160 Registerof persons who are blind
346.165 Useof official records
346.167 Prohibiteduses of records
346.169 Exchangeof public or private agency records
346.170 Programfor conservation and restoration of sight and prevention of blindness; free eyecare
346.180 Vocationalrehabilitation services
346.190 Industriesfor the Blind Program
346.210 Supplyingmaterials and equipment to persons with visual impairment
346.220 Preferencefor products or services of persons with visual impairment in state purchases
346.230 Commissionaccounts; funds; appropriations; sales on credit
346.240 Paymentof incidental expenses of commission
346.250 Programof social and educational services
346.260 Cooperationwith Department of Human Services
346.265 Authorityto cooperate with and receive grants from federal government
346.270 Receiptand expenditure of gifts and bequests
346.290 Commissionfor the Blind Account
346.300 Criminalrecords checks
FUNDINGFOR SERVICES TO STUDENTS WHO ARE BLIND OR VISUALLY IMPAIRED
346.315 Blindand Visually Impaired Student Fund
(Temporaryprovisions relating to closure of Oregon School for the Blind are compiled asnotes following ORS 346.315)
VENDINGFACILITIES ON PUBLIC PROPERTY
346.510 Definitionsfor ORS 346.510 to 346.570
346.520 Personswho are blind to operate vending facilities in public buildings or on publicproperty; charges prohibited; exception
346.530 Noticeto commission on vending facilities locations; statement of reason for refusalof commission offer
346.540 Dutiesof commission with respect to operation of vending facilities; rules
346.550 Commoditiesand articles that may be sold at vending facilities
346.560 Operatorsubject to applicable laws and ordinances
346.565 Participationin state health benefit plan and deferred compensation plan
346.570 Rightsof persons operating vending facilities prior to August 20, 1957
ASSISTANCEDOGS FOR PERSONS WHO ARE BLIND OR DEAF
346.610 Definitionsfor ORS 346.610 to 346.630
346.620 Dogguide in place of public accommodation or on public transportation for personwho is blind; liability
346.630 Prohibitionagainst discriminating in renting housing because of dog guide; remedy
346.640 Definitionsfor ORS 346.640 to 346.660
346.650 Hearingear dog in place of public accommodation or on public transportation for personwho is deaf; liability
346.660 Prohibitionagainst discriminating in renting housing because of hearing ear dog; liability
ASSISTANCEANIMALS FOR PERSONS WITH PHYSICAL IMPAIRMENT
346.680 Definitionsfor ORS 346.680 to 346.690
346.685 Rightsof person with physical impairment and trainer; prohibition on admission chargefor animal; access to transportation; liability for damage by animal
346.687 Damagesrecoverable for harm or theft of assistance animal
346.690 Prohibitionagainst discrimination in renting housing because of assistance animal;liability
PENALTIES
346.991 Penalties
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]
TRAININGAND EDUCATION FACILITIES FOR CHILDREN WHO ARE DEAF
(Generally)
346.010Training and educational services for children who are deaf. (1) Pursuant torules of the State Board of Education, the Superintendent of Public Instructionshall provide free training and education services in a school located inMarion County for children who are deaf.
(2)The Superintendent of Public Instruction shall indicate which facilities shallserve as the Oregon School for the Deaf.
(3)The superintendent may order a change in all or part in the purpose and use ofthe facilities available under this section whenever the superintendentdetermines that a change in purpose and use will better enable the state tomeet its responsibilities for the education and training of children who aredeaf.
(4)The school shall be operated primarily for the provision of education andtraining services for children who are deaf who cannot be efficiently served inother schools or programs.
(5)The Board of Directors of the Oregon School for the Deaf may appeal anydecision of the Superintendent of Public Instruction made under this section tothe State Board of Education. An appeal under this subsection must be filedwith the State Board of Education within 60 days of the date of the decision bythe superintendent. The State Board of Education may uphold, modify or overturnany decision of the superintendent under this section. [Amended by 1965 c.100 §444;1971 c.301 §2; 1991 c.631 §1; 2007 c.70 §113; 2007 c.858 §71; 2009 c.562 §25]
346.015Preparing individual education plan prior to placement; consultation; declarationthat district cannot provide education; rules. (1) Prior toconvening a meeting to prepare an individual education plan for a child withmental retardation or a developmental disability for whom placement at theschool operated under ORS 346.010 may be considered, the agency that isproviding the education for the child shall notify the local communitydevelopmental disabilities program. The case manager responsible for programsfor children with mental retardation or developmental disabilities, inconsultation with the Department of Human Services, shall evaluate whether thechild also has needs for alternative residential care or other supportservices. If the evaluation determines this to be the case, but documents thatcommunity resources are not available to meet these needs, the school districtmay proceed with the meeting to prepare the individual education plan in whichplacement at the school operated under ORS 346.010 may be considered.
(2)An agency providing education under subsection (1) of this section may initiatethe procedure in subsection (1) of this section for any child who does not havemental retardation or a developmental disability when in the agency’s judgmenta treatment or residential issue is prompting proposed placement under ORS346.010.
(3)A child may not be placed in the school operated under ORS 346.010 unless thedistrict superintendent or the superintendent’s designee has signed a statementdeclaring that the district cannot provide a free appropriate public educationfor the child commensurate with the needs of the child as identified by theindividual education plan of the child and that the school is the leastrestrictive environment in which the child can be educated.
(4)By rule, the State Board of Education shall determine procedures to be followedby local education agencies in carrying out this section. [1985 c.555 §5; 1989c.491 §54; 2001 c.36 §2; 2001 c.900 §61; 2007 c.70 §114; 2007 c.858 §73; 2009c.562 §26; 2009 c.595 §219]
346.017Enrollment of nonresident students in school permitted. (1)Notwithstanding ORS 346.015, the Superintendent of Public Instruction mayenroll a student in the school operated under ORS 346.010 if the student is nota resident of Oregon. However, priority for enrollment at the school shall begiven to students who are residents of Oregon.
(2)The superintendent may charge tuition and fees to any student who is enrolledunder this section.
(3)A student who is enrolled under this section is not considered a resident ofany school district based on the enrollment and attendance at the school. [1997c.93 §1; 2007 c.858 §74; 2009 c.562 §27]
346.019Educational Facilities Fund. (1) There is established an EducationalFacilities Fund, separate and distinct from the General Fund. All tuition andfees collected under ORS 346.017 and all expenses incurred in theadministration of ORS 346.017 shall be deposited to and borne by the fund.Interest earned by the fund shall be credited to the fund.
(2)The moneys in the fund are appropriated continuously to the Department ofEducation for purposes of the school operated under ORS 346.010. [1997 c.93 §2;2007 c.858 §75; 2009 c.562 §28]
346.020Course of instruction; personnel; authority over students; rules. (1) TheSuperintendent of Public Instruction shall prescribe the course of instructionfor students enrolled in the school operated under ORS 346.010. The State Boardof Education shall determine the procedures for placement, development ofservices and operation of the school in conformance with state and federal lawsrelating to children who are eligible for special education and shall adopt theprocedures by rule.
(2)In consultation with the Board of Directors of the Oregon School for the Deaf,the Superintendent of Public Instruction shall select a director for theschool. The superintendent may also select teachers and other personnelnecessary to manage the school in an effective and efficient manner or maydelegate the selection of teachers and other personnel to the director of theschool.
(3)The Superintendent of Public Instruction shall have control over personsenrolled in the school and shall direct their care and promote their mental,moral and physical welfare.
(4)The Board of Directors of the Oregon School for the Deaf may appeal a decisionof the Superintendent of Public Instruction to the State Board of Education ifthe decision was made under subsection (2) of this section and relates to theselection or dismissal of the director of the school. An appeal under thissubsection must be filed with the State Board of Education within 60 days ofthe date of the decision by the superintendent. The State Board of Educationmay uphold, modify or overturn any decision of the superintendent under thissection. [Amended by 1965 c.100 §445; 1969 c.597 §80h; 1971 c.301 §3; 1989c.265 §3; 1991 c.631 §2; 2007 c.858 §76; 2009 c.562 §29]
346.030Application for admission. Application for admission to the school operatedunder ORS 346.010 shall be made to the Department of Education. Applicationshall be made on forms which are provided by the department. [Amended by 1965c.100 §446; 1969 c.597 §80i; 1971 c.301 §4; 2007 c.858 §77; 2009 c.562 §30]
346.035Annual review of individual education plan for certain children. For a child whois enrolled under ORS 346.010 and who has mental retardation or a developmentaldisability, the Department of Education shall notify the communitydevelopmental disabilities program of the date of the annual review of theindividual education plan of the child for the purpose of including in thereview the assigned case manager’s assessment of community resources that areavailable for treatment or residential needs the child might have. [1985 c.555 §6;2007 c.70 §115; 2009 c.595 §220]
346.040 [Amended by1965 c.100 §447; 1971 c.301 §5; 1979 c.639 §1; 1981 c.222 §1; repealed by 1991c.631 §5]
346.041Resident district res