581-015-2127 Developmental Delay (1) Definition of “Developmental Delay”. “Developmental Delay” means, (a) For early intervention, 2 standard deviations or more below the mean in one or more of the developmental areas or 1.5 standard deviations below the mean in two or more of the developmental areas; (b) For early childhood and school age special education, 1.5 standard deviations or more below the mean in two or more of the developmental areas that: (A) For age 3 to kindergarten, adversely affects the child's developmental progress; (B) For kindergarten through age 9, adversely affects the student's educational performance. (c) For the purposes of this rule, the developmental areas are: cognitive development, physical development, communication development, social or emotional development, and adaptive development. (2) Comprehensive Evaluation: If a child is suspected of having a developmental delay, a comprehensive evaluation must be conducted for early intervention, early childhood special education or school age special education services, including the following: (a) For early intervention: (A) At least one norm-referenced, standardized test addressing the infant or toddler’s level of functioning in each of the developmental areas; (B) At least one additional procedure to confirm the infant or toddler’s level of functioning in each area of suspected delay listed in this rule; (C) At least one 20-minute observation of the infant or toddler; (D) All evaluations and assessments of an infant or toddler must be conducted in the native language of the child, unless it is clearly not feasible to do so. (b) For early childhood and school age special education: (A) Developmental history as defined in OAR 581-015-2000; (B) At least one norm referenced, standardized test in each area of suspected delay; (C) At least one additional procedure to confirm the child's level of functioning in each area of suspected delay; (D) At least one 20-minute observation of the child; (E) Any additional assessments necessary to determine the impact of the suspected disability: (i) On the child's developmental progress for birth to 5; or (ii) On the child's educational performance for 5 to 21. (c) For early intervention, early childhood special education, and school age special education: (A) A review of previous testing, medical data, and parent reports; and (B) Any other evaluative information as necessary to determine eligibility. (3) Eligibility Criteria: To be eligible for services as a child with a developmental delay, (a) For early intervention, the infant or toddler must meet one of the following minimum criteria. (A) 2 or more standard deviations below the mean in one or more of the developmental areas; or (B) 1.5 or more standard deviations below the mean in two or more of the developmental areas; or (C) Medical examination as defined in OAR 581-015-2000. Documentation of a medical examination which includes a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. (b) For early childhood and school age special education, the child must meet the following minimum criteria: 1.5 or more standard deviations below the mean in two or more of the developmental areas; (4) Eligibility Determination: To be eligible for special education services as a child with a developmental delay for early intervention, early childhood special education, or school age special education services, the eligibility team must also determine that: (a) The child has a developmental delay as defined in this rule; and (b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023 ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023 ODE 23-2019, adopt filed 07/01/2019, effective 07/01/2019 ODE 15-2019, temporary adopt filed 05/17/2019, effective 05/17/2019 through 11/12/2019