Oregon Statutes - Chapter 343 - Special Education Services - Section 343.173 - Parental right to examine district records; independent evaluation; hearing; costs.

(1) Notwithstanding the limitation on access to records under ORS 192.410 to 192.505, 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 child.

(2) Any parent is entitled to obtain an independent evaluation at the expense of the school district if the parent disagrees with an evaluation obtained by the district.

(3) If the school district disagrees with the parentís request for an independent educational evaluation, the district may initiate a hearing under ORS 343.165 to show that the districtís evaluation is appropriate. If the final decision is that the districtís evaluation is appropriate, the parent has the right to an independent educational evaluation, but not at the districtís expense.

(4) If the parent requests an independent educational evaluation of the child, the school district shall provide information about where an independent educational evaluation may be obtained.

(5) If a hearing officer appointed under ORS 343.165 requests an independent educational evaluation as part of a hearing, the school district shall pay the cost of the evaluation.

(6) For purposes of this section, ďindependent educational evaluationĒ means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the child in question. [1979 c.423 §8 (enacted in lieu of 343.077); 1989 c.252 §3; 1989 c.491 §36; 1993 c.45 §207; 1999 c.989 §18]

Section:  Previous  343.159  343.160  343.163  343.164  343.165  343.167  343.170  343.173  343.175  343.177  343.180  343.181  343.183  343.185  343.187  Next

Last modified: August 7, 2008