(1) Nothing in ORS 343.321 to 343.331 is intended to limit or operate as a prerequisite to pursuing any rights or remedies provided under other state or federal statutes or common law. (2) Nothing in ORS 343.321 to 343.331 is intended to eliminate or limit the ability of a school district to request an expedited hearing as described in ORS 343.165 (7)(b) because the school district believes that not making an abbreviated school day program placement is substantially likely to result in injury to the student or others. When an expedited hearing is conducted pursuant to ORS 343.165 (7): (a) Notwithstanding ORS 343.167, a hearing officers finding that an abbreviated school day program placement is appropriate may not be valid for more than 45 days from the date the decision is entered; (b) Notwithstanding ORS 343.322, 343.324, 343.326 and 343.328, and if the school district is in compliance with the decision of the hearing officer: (A) A parent or foster parent may not compel, and the Department of Education may not order, a school district to provide meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the students resident school district; and (B) The Department of Education may not find the school district is not in compliance with ORS 343.322 (7) and 343.324 (5) and the Teacher Standards and Practices Commission may not take any action described in ORS 343.328 (3); and (c) The students individualized education program team shall immediately meet to review the students abbreviated school day program and to revise the students individualized education program or 504 Plan to make the documentation described in ORS 343.324 (1)(d). Note: See note under 343.321.
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