2021 Oregon Revised Statutes
Chapter 343 - Special Education and Other Specialized Education Services
Section 343.156 - Limitations on appointment of surrogate to protect educational rights of a child with a disability.


(1) At any time while the child was under the care, custody or control of the person, a court entered an order:
(a) Taking the child into protective custody under ORS 419B.150; or
(b) Committing the child to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and
(2) The court entered a subsequent order that:
(a) The child should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the child to be returned to the person’s home, and no subsequent order of the court was entered that permitted the child to return to the person’s home before the child’s wardship was terminated under ORS 419B.328; or
(b) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524. [2011 c.194 §6]
Note: 343.156 was added to and made a part of ORS chapter 343 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

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Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 09 - Education and Culture

Chapter 343 - Special Education and Other Specialized Education Services

Section 343.035 - Definitions for chapter.

Section 343.041 - Supervision of programs for children with disabilities by Superintendent of Public Instruction; rules; complaint procedure; staff training; public agency cooperative agreements.

Section 343.055 - Administration of programs by Superintendent of Public Instruction; rules; powers of board.

Section 343.065 - Employment of personnel to supervise types of services for special programs; duties; distribution of training materials.

Section 343.146 - Determination of eligibility for special education services; evaluation; reevaluation; examinations and assessments.

Section 343.148 - Requirements for individualized family service plans and individualized education programs for children who are deaf or deafblind or who are hard of hearing.

Section 343.151 - Individualized education program; contents; procedures; review; revision; rules; standard forms; alternate forms.

Section 343.152 - Terminology in individualized education program for child with an intellectual disability.

Section 343.154 - Functional behavioral assessments and behavior intervention plans.

Section 343.155 - Procedures to protect rights of child with disability; rules.

Section 343.156 - Limitations on appointment of surrogate to protect educational rights of a child with a disability.

Section 343.159 - Requirements for written notice to parents of child with disability; contents of notice; language or mode of communication of parent.

Section 343.161 - Abbreviated school day programs; parental rights.

Section 343.164 - Parental consent requirements for evaluation, reevaluation or placement; revocation of consent.

Section 343.165 - Circumstances requiring hearing; deadline for requesting hearing; rules; expedited hearing; independent hearing officer.

Section 343.167 - Result of hearing; effect of procedural violations; deadline for decision; cost of hearing; rules.

Section 343.173 - Parental right to examine district records; independent evaluation; hearing; costs.

Section 343.175 - Civil action following hearing; deadline; attorney fees; limitations; reduction of fees.

Section 343.177 - Educational placement during administrative or judicial proceedings; circumstances where placement may be changed.

Section 343.181 - Transfer of special education rights to child with disability upon age of majority; notices.

Section 343.183 - Effect of school district failure to comply; withholding funds; expense of independent evaluation.

Section 343.193 - Duty to report child with disability not enrolled in special education program; effect of report.

Section 343.221 - Special education required; district projected activities and cost statement; permitted contracts for services.

Section 343.223 - Assistive technology devices or services; professional development; rules.

Section 343.236 - Special education provided by state through local, county or regional program; rules.

Section 343.243 - Receipt of amount from State School Fund for children enrolled in certain programs; calculation of amount received; disposition of amount received.

Section 343.247 - Special Education Account.

Section 343.261 - Instruction of certain hospitalized children; rules.

Section 343.287 - State Advisory Council for Special Education; members; duties; expenses.

Section 343.293 - Local advisory councils on special education; duties.

Section 343.295 - Document of successful completion; summary of performance.

Section 343.395 - Definitions for ORS 343.391 to 343.413.

Section 343.396 - Nature of programs.

Section 343.397 - Plan of instruction for talented and gifted children.

Section 343.399 - State aid to local districts; criteria.

Section 343.401 - Use of funds appropriated for ORS 343.391 to 343.413.

Section 343.404 - Funding for program.

Section 343.411 - When identification and programs for certain children required or optional; state guidelines.

Section 343.455 - Prekindergartens to provide early childhood special education.

Section 343.465 - Policy on services to preschool children with disabilities; agency coordination of services.

Section 343.475 - Program of early childhood special education and early intervention services; rules.

Section 343.495 - Operation of early childhood special education or early intervention programs by department.

Section 343.499 - State Interagency Coordinating Council.

Section 343.507 - Local early intervention interagency advisory council.

Section 343.511 - Interagency agreements to provide services.

Section 343.517 - Parent-initiated referral to determine eligibility.

Section 343.521 - Individualized family service plan; rules; forms.

Section 343.523 - Service coordination requirements for early intervention and early childhood special education.

Section 343.527 - Requirements for written notice to parents of preschool child with disability.

Section 343.531 - Procedural safeguards; rules.

Section 343.533 - Transportation service to preschool children with disabilities; cost.

Section 343.534 - Allocation of state funds to approved providers.

Section 343.560

Section 343.565 - Definitions for ORS 343.565 to 343.595.

Section 343.575 - Proficiency in reading and writing for blind student; use of Braille.

Section 343.650 - Definitions for ORS 343.650 to 343.680.

Section 343.680 - Advance payments and reimbursements to districts of at least 40,000 for operation and construction costs.

Section 343.810 - Definitions for ORS 343.810 to 343.835.

Section 343.923 - Department duties for programs for students with moderate to severe intellectual disabilities.

Section 343.941 - Department duties for education of students admitted to pediatric nursing facilities.

Section 343.961 - Responsibility for costs of education of children in day and residential treatment programs; responsibilities of district providing education; notice required before student dismissed from program.