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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 346 Programs for Persons Who Are Blind or Deaf
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(1) Pursuant to rules of the State Board of Education, the
Superintendent of Public Instruction shall provide free training and
education services for deaf or blind children, or children who are both
deaf and blind, in facilities located in Marion County.
(2) The Superintendent of Public Instruction shall indicate which
facilities shall serve as the school for the deaf and the school for the
blind. The superintendent may order a change in all or part in the
purpose and use of facilities available under this section whenever the
superintendent determines that a change in purpose and use will better
enable the state to meet its responsibilities for the education and
training of deaf or blind children, or children who are both deaf and
blind.
(3) The facilities shall be operated primarily for the provision of
education and training services for children with sensory disabilities
who cannot be efficiently served under the provisions of ORS chapter 343.
[Amended by 1965 c.100 §444; 1971 c.301 §2; 1991 c.631 §1](1) Prior to convening a meeting to prepare an individual education plan
for a mentally retarded or developmentally disabled child for whom
placement at a school under ORS 346.010 may be considered, the agency
that is providing the education for the child shall notify the local
community mental health and developmental disabilities program. The
mentally retarded and developmentally disabled program mental health case
manager in consultation with the Department of Human Services shall
evaluate whether the child also has needs for alternative residential
care or other support services. If the evaluation determines this to be
the case, but documents that community resources are not available to
meet these needs, the school district may proceed with the meeting to
prepare the individual education plan in which placement at a school
under ORS 346.010 may be considered.
(2) An agency providing education under subsection (1) of this
section may initiate the procedure in subsection (1) of this section for
any child who is not mentally retarded or developmentally disabled when
in the agency’s judgment a treatment or residential issue is prompting
proposed placement under ORS 346.010.
(3) No child shall be placed in a facility operated under ORS
346.010 unless the district superintendent or the superintendent’s
designee has signed a statement declaring that the district cannot
provide a free appropriate public education for the child commensurate
with the needs of the child as identified by the individual education
plan of the child and that the facility is the least restrictive
environment in which the child can be educated.
(4) By rule, the State Board of Education shall determine
procedures to be followed by local education agencies in carrying out
this section. [1985 c.555 §5; 1989 c.491 §54; 2001 c.36 §2; 2001 c.900
§61]
(1) Notwithstanding ORS 346.015, the Superintendent of Public Instruction
may enroll a student in the facilities operated under ORS 346.010 if the
student is not a resident of Oregon. However, priority for enrollment at
the facilities shall be given to students who are residents of Oregon.
(2) The superintendent may charge tuition and fees to any student
who is enrolled under this section.
(3) A student who is enrolled under this section shall not be
considered a resident of any school district based on the enrollment and
attendance at the facility. [1997 c.93 §1] (1) 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.
(2) The moneys in the fund are appropriated continuously to the
Superintendent of Public Instruction for purposes of the facilities
operated under ORS 346.010. [1997 c.93 §2](1) The Superintendent of Public
Instruction shall prescribe the course of instruction for students
enrolled in facilities operated under ORS 346.010. The State Board of
Education shall determine the procedures for placement, development of
services and operation of the schools in conformance with state and
federal laws relating to children who are eligible for special education
and shall adopt the procedures by rule.
(2) The Superintendent of Public Instruction shall select teachers
and other personnel necessary to manage the facilities in an effective
and efficient manner. The superintendent shall also designate a
well-qualified person or persons to assist in the administration of these
facilities. The superintendent shall designate which positions shall
serve as supervisors of these educational services and facilities; these
designated positions shall be in the unclassified service.
(3) The Superintendent of Public Instruction shall have control
over persons enrolled in these facilities and shall direct their care and
promote their mental, moral and physical welfare. [Amended by 1965 c.100
§445; 1969 c.597 §80h; 1971 c.301 §3; 1989 c.265 §3; 1991 c.631 §2] Application for admission to
facilities 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. [Amended by 1965 c.100 §446; 1969 c.597 §80i; 1971 c.301 §4]For children who are enrolled under ORS 346.010 and who are
mentally retarded or developmentally disabled, the Department of
Education shall notify the community mental health and developmental
disabilities program of the date of the annual review of the individual
education plan of the child for the purpose of including in the review
the assigned case manager’s assessment of community resources that are
available for treatment or residential needs the child might have. [1985
c.555 §6](1) Transportation
for pupils attending facilities 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.
(2) The actual and necessary transportation expenses incurred under
subsection (1) of this section, at a frequency consistent with a pupil’s
individual education plan, shall be considered pupil transportation by
the district for purposes of ORS 327.035 (1989 Edition).
(3) The resident school district shall reimburse the Department of
Education for all transportation costs the department incurs on behalf of
the district within 10 days after receipt of the itemized invoice.
(4) The payments of the resident school districts required under
subsection (3) of this section and an amount specifically appropriated
thereto shall be deposited in the State Treasury to the credit of the
Special Education Transportation Revolving Account to be used by the
Department of Education for the transportation of pupils attending
facilities under ORS 346.010. The account shall be continuously
appropriated for such purpose.
(5) Any unexpended and unobligated balance in the Special Education
Transportation Revolving Account in excess of $70,000 as of September 1
of any year shall be transferred from the account to the General Fund to
be available for general governmental purposes. [1991 c.631 §3] The State Board
of Education may receive, take and hold property, both real and personal
for any facility operated under ORS 346.010 and may sell, transfer,
assign, allot, set over or convey the property pursuant to legislative
authority. [1971 c.301 §9; 1989 c.491 §56] (1) When the
Superintendent of Public Instruction has in possession or under control
in a bank account or otherwise, funds that are the property of the
students enrolled in facilities operated under ORS 346.010 or that have
been deposited for their use or for expenditure in their behalf shall
deposit such funds, as they are received, together with any such funds as
heretofore have accumulated, with the State Treasurer as a trust account,
separate and distinct from the General Fund. Interest earned by the
account shall be credited to the account.
(2) The word “funds” as used in this section shall include, but
shall not be limited to, moneys deposited with the superintendent for
medical care or assistance of students, moneys derived from athletic
activities, contributions for athletic, health, or recreation projects,
and any other moneys received by the superintendent that are not required
by law to be credited to other state funds or accounts.
(3) The Superintendent of Public Instruction or designee is
authorized to receive any of the funds referred to in this section. The
State Treasurer shall carry such funds in separate accounts for such
institutions, but shall not credit such funds or any part thereof to any
state fund for governmental purposes.
(4) Disbursements from the accounts for the purposes for which the
contributions or payments were made, and for payment to persons lawfully
entitled thereto, may be made by the Superintendent of Public Instruction
or designee, by checks or orders drawn upon the State Treasurer. The
superintendent shall be accountable for the proper handling of the
accounts. [1971 c.301 §13; 1989 c.966 §28] (1) Subject to
subsection (3) of this section, every deaf student 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 application for a grant-in-aid is approved by
the Superintendent of Public Instruction, the Department of Education may
make the grant-in-aid contingent upon the student’s attending a school of
the superintendent’s choice.
(2) The grants-in-aid shall not exceed $1,000 to any student for
any fiscal year and shall be paid out of any funds appropriated to the
department for that purpose. The State Board of Education may adopt rules
necessary to carry out this section.
(3) No deaf student shall receive a grant-in-aid under subsection
(1) of this section for a period exceeding seven years. [Amended by 1957
c.336 §1; 1959 c.175 §1; 1965 c.100 §450; 1969 c.597 §80L; 1971 c.301 §8;
1977 c.750 §1; 1989 c.491 §58]The Department of Education
shall give the notice required by ORS 332.554 to all classified employees
of the Oregon State School for the Deaf and the Oregon State School for
the Blind in the same manner and to the same effect as notice given under
ORS 332.554. [1985 c.585 §6; 1991 c.631 §4]COMMISSION FOR THE BLIND As used in ORS
346.110 to 346.270:
(1) “Commission” means the Commission for the Blind.
(2) “Visually impaired individuals” includes individuals who are
blind or have seriously impaired vision or who have conditions which
might lead to blindness.
(3) “Blind person” 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 an angle of no
greater than 20 degrees. [Amended by 1975 c.638 §1; 1989 c.224 §58] There is created a
commission for the blind and the prevention of blindness to be known as
the Commission for the Blind. The commission shall:
(1) Establish and be responsible for the administration of a
program or programs for the blind which will promote, in the manner set
forth in ORS 346.110 to 346.270, the welfare of visually impaired
individuals including but not limited to cooperation by contract or
otherwise with public and private agencies in providing services,
programs and facilities for visually impaired individuals.
(2) Be responsible for the fiscal oversight of the commission,
which includes but is not limited to:
(a) Regular review of financial statements of the commission;
(b) Participation in the development of the budget for the
commission; and
(c) Directing the resources of the commission to implement program
goals. [Amended by 1973 c.713 §1; 1975 c.374 §1; 1989 c.224 §59; 2001
c.354 §1](1) The Commission for the Blind shall be appointed by the
Governor and shall consist of seven members:
(a) Four members who are qualified persons within the legal
definition of blind persons; and
(b) Three members appointed from among the areas of employers,
labor, optometry, ophthalmology, and education of the blind. However, no
more than one appointee shall represent the same area during the same
term. To the greatest extent possible, appointments from the five areas
shall be made on a rotating basis.
(2) The term of office of a member of the commission is two years.
Vacancy in the office of a member shall be filled by the Governor for the
unexpired term. Any member who is absent from three consecutive
commission meetings or more than one-third of the scheduled meetings in
one year shall be removed from office and the Governor shall fill the
vacancy for the unexpired term. No person may serve on the commission for
more than three consecutive terms of one year or more in length.
(3) All appointments of members of the commission by the Governor
are subject to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565.
(4) The commission shall hold meetings at least once every two
months and such additional meetings as it may deem necessary.
(5) Each member is entitled to compensation and expenses as
provided in ORS 292.495. [Amended by 1957 c.294 §1; 1965 c.100 §451; 1965
c.522 §1; 1969 c.314 §23; 1973 c.792 §10; 1975 c.638 §2; 1977 c.731 §1;
1979 c.411 §1] 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. [Amended by 1973 c.713 §2] (1) 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.
(2) 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
records, papers, files and communications by any other agency or
department of government or person to which they may be furnished shall
be limited to purposes for which they are furnished and by the provisions
of law under which they may be furnished. [Subsection (2) enacted as 1971
c.312 §2] The Commission for the
Blind shall cause to be compiled and maintained as complete as possible a
register of the blind in Oregon, 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. (1) The Commission for the Blind
shall not disclose or use the contents of the register of the 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 the blind, the records, files, papers and communications are
considered confidential.
(2) Notwithstanding subsection (1) of this section, ORS 346.150 (2)
and 346.167, the minutes and records of official actions of the
Commission for the Blind, its payroll, books of account and accounts of
expenditures are public writings available to inspection in the manner
provided in ORS 192.410 to 192.505. [1971 c.312 §§3, 5; 1983 c.740 §113] 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. [1971 c.312 §4](1) Notwithstanding the provisions of ORS 346.165 and 346.167,
whenever a blind or blind and deaf person 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.
(2) The request made under subsection (1) of this section may be
made by a guardian of the blind or blind and deaf person.
(3) As used in this section, “record” includes name and address of
the blind or blind and deaf person, medical and psychological records,
and other information designated by the person requesting the exchange of
records.
(4) Where appropriate, a request for an exchange of records made
under the provisions of this section shall be subject to the
confidentiality and access provisions of ORS 179.495, 326.565, 326.575,
336.187, 341.290, 344.600, 411.320, 419B.035 and 419B.045. [1975 c.597
§1; 1993 c.546 §103]Note: 346.169 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 346 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) 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.
(2) The commission in its discretion may arrange for and pay for
the examination of the eyes of individual visually handicapped persons
and may obtain and pay for medical and surgical treatment and glasses for
such persons. [Amended by 1973 c.713 §3; 1975 c.638 §3] The Commission for the
Blind shall maintain a program of vocational rehabilitation services. The
object of the program shall be to aid individuals with visual
disabilities in finding employment, to provide such physical restoration
as will increase their employability, to establish a program of small
business enterprises in which such individuals are able to work, to
establish individual programs of college and university instruction, also
training in trades and occupations which may be followed in their homes
and elsewhere, to cooperate with the United States Government in
vocational rehabilitation programs for the blind, including establishment
of small business enterprises for them in buildings owned or rented by
the federal government and to assist individuals with visual
disabilities, in whatever manner may seem advisable to the commission, in
disposing of the products of their industries. [Amended by 1975 c.638 §4;
1989 c.224 §60] (1) The Commission for
the Blind shall establish and maintain a program of industries for the
blind. For that purpose, it shall equip and operate one or more training
centers, one or more workshops and home industry activities for the
employment of suitable blind persons, and may devise ways and means for
the sale and distribution of the products and services of the Industries
for the Blind Program. The commission may conduct such investigation and
research as it may deem advisable in selecting new types of industries
suitable for visually impaired workers.
(2) The commission shall pay visually impaired workers who have
completed their training suitable compensation for their work in the
Industries for the Blind Program. The services performed by workers
within the Industries for the Blind Program shall be considered services
for a nonprofit organization.
(3) The commission may employ such sighted persons as workers in
the Industries for the Blind Program as are necessary to operate the
program to the extent that such sighted workers do not constitute more
than 25 percent of the total workforce of the program. The services
performed by such sighted workers shall be considered services for a
nonprofit organization.
(4) Except for those persons employed in a supervisory or
administrative capacity:
(a) ORS chapter 240 does not apply to workers in the Industries for
the Blind Program. However, the commission may allow vacation and sick
leave to the employees of the Industries for the Blind Program consistent
with the schedules established under the State Personnel Relations Law.
(b) Notwithstanding ORS 238.015, a worker in the Industries for the
Blind Program working on July 21, 1973, shall become a member of the
Public Employees Retirement System at the beginning of the first full pay
period after the worker has completed 12 months’ service uninterrupted by
a total of more than 30 working days during the 12 months’ period. This
subsection shall not apply nor extend to workers entering the Industries
for the Blind Program after July 21, 1973.
(5) As used in this section, “nonprofit organization” means an
organization, or group of organizations, described in section 501(c)(3)
of the Internal Revenue Code that is exempt from income tax under section
501(a) of the Internal Revenue Code. [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]The Commission for the Blind may, whenever it
deems proper, aid individual visually impaired persons or groups of such
persons by supplying materials, equipment or machinery to them, and also
may assist them in the sale and distribution of their products. The
ownership of the materials, equipment or machinery supplied to visually
impaired persons may be transferred to such persons by the commission.
[Amended by 1975 c.638 §5; 1977 c.277 §1; 1989 c.224 §62]Whenever any of the products or services,
including operation of vending facilities as defined in ORS 346.510 (2),
of visually impaired individuals, produced under the supervision and
direction of the Commission for the Blind, meet the requirements of any
state department or institution as to quality, quantity and price, such
products or services shall have preference and the state departments and
institutions shall purchase from the commission such products or services
as may be required. [Amended by 1975 c.638 §6; 1989 c.224 §63](1) The Commission for the Blind shall keep separate books of
accounts for its industries. All negotiable funds received by the
commission from the sale of any products made at its workshops, or from
the sale of products made under its supervision to which it has title,
shall be paid into the State Treasury and by that office kept separate
and apart from other funds. Funds so paid in shall be paid out only on
warrants of the Oregon Department of Administrative Services, based on
duly verified vouchers, as other claims are paid, for the support and
maintenance of the industries, the payment of workers in such industries,
the purchase of real estate, the planning, construction and remodeling of
buildings for workshops and the carrying on of the work of the
commission. The sums of money so paid in are continuously appropriated to
the commission for the purposes stated.
(2) Subject to any other applicable law regulating the sale of
goods on credit, the commission may sell products on credit as well as
for cash. [Amended by 1959 c.98 §1; 1961 c.484 §2; 1983 c.740 §114; 2005
c.755 §23] 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, but not in any event in
excess of the amount paid into the State Treasury under ORS 346.230, 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. The commission shall file with the Oregon Department of
Administrative Services, from time to time, vouchers therefor. Before the
commission shall receive any moneys to be expended for incidental
expenses, the commission shall designate the person to whom the funds
shall be paid. [Amended by 1973 c.713 §5; 1983 c.740 §115] The Commission
for the Blind may establish a program of social and educational services
for the purpose of ameliorating the condition of visually impaired
individuals by providing instruction which 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 courses of
instruction and training may be established at training centers and
workshops for visually impaired individuals which shall include home
economics, household mechanics, orientation to better living and such
other instruction as will contribute to the economic and social
adjustment of visually impaired individuals. Sighted persons with whom
visually impaired individuals are living may, whenever the commission
deems necessary, be given instruction that will assist them in caring for
such visually impaired individuals. The commission through this program
also shall cooperate with the Library of Congress and other agencies in
the distribution of talking-book machines, sound-reproducing equipment
and other devices designed for the use of the blind, and from time to
time may cause to be made and distributed to visually impaired
individuals in this state specially recorded subjects and Braille
publications. [Amended by 1973 c.713 §6; 1989 c.224 §64] The
Commission for the Blind shall:
(1) Cooperate with the Department of Human Services in the
administration of programs for the blind; and
(2) When requested by the department, make an investigation of an
applicant eligible for programs for the blind and make recommendations to
the department regarding services for the applicant and the employability
of the applicant. [Amended by 2001 c.355 §1]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 under the administration of the commission. [1961 c.484
§5] 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 account.
[Amended by 1965 c.100 §452; 1975 c.605 §18; 1989 c.966 §29] (1) 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 Industries for the Blind
Program funds designated in ORS 346.230 and funds made available to the
commission under ORS 346.270 or deposited pursuant to ORS 346.540, all
moneys received by the commission for promoting the welfare of visually
impaired individuals shall be paid into the State Treasury and credited
to the Commission for the Blind Account. All moneys in the Commission for
the Blind Account hereby are appropriated continuously for and shall be
used by the commission for the respective purposes authorized by law.
(2) The Commission for the Blind shall keep a record of all moneys
deposited in the Commission for the Blind Account. The record shall
indicate by separate cumulative accounts the source from which the moneys
are derived and the individual activity or program against which each
withdrawal is charged. [1963 c.381 §3; 1973 c.713 §7; 1975 c.471 §2; 1981
c.271 §1; 1989 c.224 §65]VENDING FACILITIES ON PUBLIC PROPERTY As used in ORS
346.510 to 346.570, the term:
(1) “Blind person” means a person having not more than 20/200
visual acuity 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 an angle of no
greater than 20 degrees. Such blindness shall be certified by a licensed
physician who specializes in diseases of the eye.
(2) “Vending facility” means:
(a) Such shelters, counters, shelving, display and wall cases,
refrigerating apparatus and other appropriate auxiliary equipment as are
necessary or customarily used for the vending of such articles as may be
approved by the Commission for the Blind and the agency having care,
custody and control of the building or property in or on which the
vending facility is located;
(b) Manual or coin operated vending machines or similar devices for
vending such articles; or
(c) Cafeterias or snack bars for the dispensing of food stuffs and
beverages.
(3) “Operator” means the individual blind person responsible for
the day to day conduct of the vending facility operation.
(4) “Public building” or “property” means any building, land or
other real property, owned, leased or occupied by any department or
agency of the State of Oregon or any of its political subdivisions except
public elementary and secondary schools. [1957 c.295 §2; 1975 c.638 §7](1) For the purposes of providing blind persons with remunerative
employment, enlarging the economic opportunities of blind persons and
stimulating blind persons to greater efforts to make themselves
self-supporting with independent livelihoods, blind persons licensed
under the provisions of ORS 346.510 to 346.570 by the Commission for the
Blind, as set forth in ORS 346.510 to 346.570, shall operate vending
facilities in or on any public buildings or properties where, in the
discretion of the head of the department or agency in charge of the
maintenance of such buildings or properties, such vending facilities may
properly and satisfactorily operate.
(2) Notwithstanding ORS 276.385, the department or agency in charge
of the maintenance of a public building or property in or on which a
vending facility is operated under ORS 346.510 to 346.570 shall not
charge the Commission for the Blind or blind persons licensed under the
provisions of ORS 346.510 to 346.570 any amount for:
(a) Rental of the space in or on which the vending facility is
operated; or
(b) Utility costs incurred in the operation of the vending facility.
(3) Subsection (2) of this section does not apply to charges
imposed by the Department of Transportation. Subject to the availability
of funds, the department may refrain from charging any amount for rental
of space or utility costs described in subsection (2) of this section.
[1957 c.295 §1; 1975 c.638 §8; 2003 c.268 §1](1) Each head of the
department or agency in charge of the maintenance of public buildings or
properties shall:
(a) Periodically 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.
(b) Not less than 30 days prior to the reactivation, leasing,
re-leasing, licensing or issuance of permit for operation of any vending
facility, inform the Commission for the Blind of such contemplated action.
(c) Inform the Commission for the Blind of any locations where such
vending facilities are planned or might properly and satisfactorily be
operated in or about other public buildings or properties as may now or
thereafter come under the jurisdiction of the department or agency for
maintenance, such information to be given not less than 30 days prior to
leasing, re-leasing, licensing or issuance of permit for operation of any
vending facility in such public building or on such property.
(2) If the Commission for the Blind makes an offer to operate a
vending facility under the provisions of this section and the offer is
not accepted for reasons other than the decision to have no vending
facility on the premises, such head of the department or agency shall
notify the commission in writing of the reasons for refusing its offer,
including but not limited to the terms and conditions of the offer which
was accepted, if any.
(3) Any contract or agreement entered into subsequent to July 1,
1975, which is not in compliance with or in violation of ORS 346.220 and
346.510 to 346.570, shall be null and void. [1957 c.295 §3; 1965 c.471
§1; 1975 c.638 §9](1) The Commission for the Blind shall:
(a) Make surveys of public buildings or properties to determine
their suitability as locations for vending facilities to be operated by
blind persons and advise the heads of departments or agencies charged
with the maintenance of such buildings or properties as to their findings.
(b) With the consent of the head of the department or agency
charged with the maintenance of the buildings or properties, establish
vending facilities in those locations which the Commission for the Blind
has determined to be suitable, and may enter into leases or licensing
agreements therefor.
(c) Select, train, license and install qualified blind persons as
managers of such vending facilities.
(d) Adopt rules as it may from time to time deem necessary to
assure the proper and satisfactory operation of such vending facilities,
and for the benefit of vending facility operators.
(e) Provide for the continued operation of established vending
facilities if a qualified blind person is not available until a qualified
blind person is available for assignment as manager.
(2) If the head of the department or agency charged with the
maintenance of buildings or properties does not consent to the
establishment of vending facilities in locations in the building or on
the property which were determined suitable by the commission, that
person shall inform the commission in writing of the reasons why consent
is not given.
(3) The commission may establish in the State Treasury a fund from
the net proceeds of the operation of vending facilities. Moneys so
deposited including the interest thereon shall be credited by the State
Treasurer to a special checking account, separate and distinct from the
General Fund. Disbursement may be made by check signed by the person
designated by the commission. The fund shall be used for the purposes of
and are continuously appropriated for maintenance and replacement of
equipment, management services, assuring a fair minimum of return to
vendors, or for such other purposes necessary and proper for the benefit
of operators of vending facilities. Interest earned by the account shall
be credited to the account. [1957 c.295 §4; 1965 c.471 §2; 1975 c.638
§10; 1981 c.271 §2; 1989 c.966 §30]A vending facility operated under the provisions of ORS
346.510 to 346.570 shall be used solely for the vending of such
commodities and articles as may be approved by the Commission for the
Blind and by the head of the department or agency in charge of the
maintenance of the building or property in or on which such facility is
operated. [1957 c.295 §5; 1975 c.638 §11] The
operator of each vending facility operated under the provisions of ORS
346.510 to 346.570 shall be subject to the provisions of any and all laws
and ordinances applying within the territory within which such facility
is located including those requiring a license or permit for the conduct
of such business or any particular aspect thereof. [1957 c.295 §6; 1975
c.638 §12](1) A blind business enterprise manager, as described
under ORS 346.510 to 346.570, or a blind employee of a private nonprofit
Oregon corporation established and authorized by the Commission for the
Blind to provide employment to the blind may participate in a health
benefit plan available to state employees pursuant to ORS 243.105 to
243.285 at the expense of the manager or the blind employee.
(2) A blind business enterprise manager, as described under ORS
346.510 to 346.570, may participate in state deferred compensation plan
established under ORS 243.401 to 243.507, contingent on participation not
affecting the tax exempt status of other contributions to the deferred
compensation plan.
(3) For the purposes of subsections (1) and (2) of this section,
such managers and employees shall be considered eligible state employees.
[1991 c.577 §2; 1997 c.179 §28; 1997 c.222 §51](1) 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).
(2) Any blind person who is presently operating a vending facility
in or on public buildings or properties who desires to make use of the
advantages of the program authorized by ORS 346.510 to 346.570 shall have
the right to do so; and, in such instance, the Commission for the Blind
may negotiate and consummate arrangements for the purchase of such
vending facility equipment as it may deem necessary for the satisfactory
operation of the vending facility. [1957 c.295 §7; 1975 c.638 §13; 1987
c.158 §61]ASSISTANCE DOGS FOR PERSONS WHO ARE BLIND OR DEAF As used in ORS
346.610 to 346.630:
(1) “Blind person” means a person who has vision of 20/200 or less
with the best correction or has a visual field of 20 degrees or less.
(2) “Dog guide” means a dog that is wearing a dog guide harness and
is trained to lead or guide a blind person.
(3) “Dog guide trainee” means a dog undergoing training to lead or
guide a blind person.
(4) “Trainer” means a person who trains dogs to lead or guide blind
persons.
(5) “Mode of transportation” means any mode of public
transportation operating within this state except for parlor, lounge, or
club car of a common carrier by railroad.
(6) “Public accommodation” means a place of public accommodation as
defined in ORS 659A.400. [1967 c.259 §1; 1971 c.87 §1; 1973 c.714 §12;
1981 c.771 §1](1) A blind person
shall have the right to have a dog guide with the blind person, and a
trainer shall have the right to have a dog guide or dog guide trainee
with the trainer, in any place of public accommodation or on any mode of
transportation so long as the blind person or trainer controls the
behavior of the dog.
(2) No blind person or trainer shall be required to pay an
additional fee or admission charge for the dog guide.
(3) A blind person or trainer is liable for any damages done to a
place of public accommodations or to any mode of transportation by the
(1) A landlord, as defined in ORS 90.100,
may not refuse to rent a dwelling unit, as defined in ORS 90.100, to a
blind person on the basis of the person’s use or possession of a dog
guide.
(2) A blind person shall have a cause of action to recover
compensatory damages or $200, whichever is greater, from any landlord, as
defined in ORS 90.100, who refuses to rent a dwelling unit, or who
charges additional rent, on the basis of the person’s use or possession
of a dog guide. The court may award reasonable attorney fees to the
prevailing party in an action under this section.
(3) No blind person shall be required to pay an additional
nonrefundable fee or an excessive deposit for the dog guide.
(4) A blind person is liable for any damages done to the dwelling
unit by the dog guide. [1975 c.256 §8; 1981 c.179 §1; 1993 c.369 §35;
1995 c.618 §67] As used in ORS
346.640 to 346.660:
(1) “Deaf person” means a person whose hearing disability precludes
successful processing of linguistic information through audition with or
without a hearing aid.
(2) “Hearing ear dog” means a dog that is on an orange leash and
that is trained to assist a deaf person.
(3) “Hearing ear dog trainee” means a dog undergoing training to
assist a deaf person.
(4) “Mode of transportation” means any mode of public
transportation operating within this state except for parlor, lounge, or
club car of a common carrier by railroad.
(5) “Public accommodation” means a place of public accommodation as
defined in ORS 659A.400. [1981 c.771 §3](1) A deaf
person shall have the right to have a hearing ear dog with the person,
and a trainer of a hearing ear dog shall have the right to have the
hearing ear dog or hearing ear dog trainee with the trainer, in any place
of public accommodation or on any mode of transportation so long as the
deaf person or trainer controls the behavior of the dog.
(2) No deaf person or trainer of a hearing ear dog shall be
required to pay an additional fee or admission charge for the hearing ear
dog.
(3) A deaf person or trainer of a hearing ear dog is liable for any
damages done to a place of public accommodations or to any mode of
transportation by the hearing ear dog. [1981 c.771 §4](1) A landlord, as defined in ORS
90.100, may not refuse to rent a dwelling unit, as defined in ORS 90.100,
to a deaf person on the basis of the use or possession of a hearing ear
dog.
(2) No deaf person shall be required to pay an additional
nonrefundable fee for the hearing ear dog.
(3) A deaf person is liable for any damages done to the dwelling
unit by the hearing ear dog. [1981 c.771 §5; 1993 c.369 §36]ASSISTANCE ANIMALS FOR PERSONS WITH PHYSICAL IMPAIRMENT As used in ORS
346.680 to 346.690:
(1) “Assistance animal” means any animal trained to assist a
physically impaired person in one or more daily life activities,
including but not limited to:
(a) Dog guides, as defined in ORS 346.610;
(b) Hearing ear dogs, as defined in ORS 346.640;
(c) An animal trained to pull a wheelchair;
(d) An animal trained to fetch dropped items; and
(e) An animal trained to perform balance work.
(2) “Assistance animal trainee” means any animal undergoing
training to assist a physically impaired person.
(3) “Daily life activity” includes but is not limited to:
(a) Self-care;
(b) Ambulation;
(c) Communication; or
(d) Transportation.
(4) “Mode of transportation” means any mode of transportation
operating within this state.
(5) “Physically impaired person” means any person who is
permanently physically impaired, whose physical impairment limits one or
more of daily life activities and who has a record of impairment and is
regarded by health care practitioners as having such an impairment,
requiring the use of an assistance animal including but not limited to
blindness, deafness and complete or partial paralysis.
(6) “Public accommodation” means a place of public accommodation as
defined in ORS 659A.400 including but not limited to educational
institutions, airlines and restaurants. The exception stated in ORS
659A.400 (2) is not an exception under ORS 90.390 and 346.680 to 346.690.
[1989 c.336 §1; 1993 c.369 §37; 1995 c.79 §189](1) A physically impaired person has the
right to have an assistance animal with the physically impaired person,
and a trainer has the right to have an assistance animal or assistance
animal trainee with the trainer, in any place of public accommodation or
on any mode of transportation so long as the physically impaired person
or trainer controls the behavior of the animal.
(2) No physically impaired person or trainer shall be required to
pay an additional fee or admission charge for the assistance animal.
(3) The assistance animal shall be allowed to accompany its owner
in an ambulance or other mode of transport in the event of a medical
emergency. If the owner is unconscious, the assistance animal shall be
placed in an emergency veterinary clinic until the person regains
consciousness and can make arrangements for the animal, or a relative
responsible for the injured person is contacted and can make arrangements
for the animal, or until the injured person dies, in which case the
authorities will attempt to contact the school, where the animal was
trained, for further action.
(4) A physically impaired person or trainer is liable for any
damages done to a place of public accommodations or to any mode of
transportation by the assistance animal. [1989 c.336 §2]
(1) In addition to and not in lieu of any other penalty provided by state
law, a physically impaired person who uses an assistance animal or the
owner of an assistance animal may bring an action for economic and
noneconomic damages against any person who steals or, without
provocation, attacks the assistance animal. The physically impaired
person or owner may also bring an action for such damages against the
owner of any animal that, without provocation, attacks an assistance
animal. The action authorized by this subsection may be brought by the
physically impaired person or owner even if the assistance animal was in
the custody or under the supervision of another person when the theft or
attack occurred.
(2) If the theft of or unprovoked attack on an assistance animal
described in subsection (1) of this section results in the death of the
animal or the animal is not returned or if injuries sustained in the
theft or attack prevent the animal from returning to service as an
assistance animal, the measure of economic damages shall include, but
need not be limited to, the replacement value of an equally trained
assistance animal, without any differentiation for the age or the
experience of the animal. In addition, the physically impaired person or
owner may recover any other costs and expenses, including, but not
limited to, costs of temporary replacement assistance services, whether
provided by another assistance animal or a person, incurred as a result
of the theft of or injury to the animal.
(3) If the theft of or unprovoked attack on an assistance animal
described in subsection (1) of this section results in injuries from
which the animal recovers and returns to service, or if the animal is
stolen but is recovered and returns to service, the measure of economic
damages shall include, but need not be limited to, the veterinary medical
expenses, costs of temporary replacement assistance services, whether
provided by another assistance animal or a person, and any other costs
and expenses incurred by the physically impaired person or owner as a
result of the theft of or injury to the animal.
(4) No cause of action arises under this section if the physically
impaired person, owner or the person having custody or supervision of the
assistance animal was committing a criminal or civil trespass at the time
of the theft of or attack on the assistance animal.
(5) The court shall award reasonable attorney fees to the
prevailing plaintiff in an action under this section. The court may award
reasonable attorney fees and expert witness fees incurred by a defendant
who prevails in the action if the court determines that the plaintiff had
no objectively reasonable basis for asserting a claim or no objectively
reasonable basis for appealing an adverse decision of a trial court.
[1993 c.312 §2; 1995 c.618 §68](1) A landlord, as defined in
ORS 90.100, shall not refuse to rent a dwelling unit, as defined in ORS
90.100, to a physically impaired person on the basis of the person’s use
or possession of an assistance animal.
(2) A physically impaired person shall have a cause of action to
recover compensatory damages or $200, whichever is greater, from any
landlord who refuses to rent a dwelling unit, or who charges additional
rent, on the basis of the person’s use or possession of an assistance
animal. The court shall award reasonable attorney fees to the prevailing
plaintiff in an action under this section. The court may award reasonable
attorney fees and expert witness fees incurred by a defendant who
prevails in the action if the court determines that the plaintiff had no
objectively reasonable basis for asserting a claim or no objectively
reasonable basis for appealing an adverse decision of a trial court.
(3) No physically impaired person shall be required to pay an
additional nonrefundable fee or an excessive deposit for the assistance
animal.
(4) A physically impaired person is liable for any damages done to
the dwelling unit by the assistance animal. [1989 c.336 §3; 1995 c.618
§69]PENALTIES(1) Violation of ORS 346.167 is punishable, upon
conviction, by a fine of not more than $1,000 or by imprisonment in the
county jail for not more than 60 days, or both.
(2) Violation of ORS 346.620 (1) or (2) is a Class C misdemeanor.
(3) Violation of ORS 346.650 or 346.660 is a Class C misdemeanor.
(4) Violations of ORS 346.680 to 346.690 are subject to the
penalties provided in subsections (1) to (3) of this section. [Subsection
(1) enacted as 1971 c.312 §6; subsection (2) derived from 346.620; 1981
c.771 §2; subsection (3) enacted as 1981 c.771 §6; subsection (4) enacted
as 1989 c.336 §5; 1993 c.369 §38; 2003 c.378 §33]
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