justicedao/ipfs_state_laws huggingface dataset:
581-015-2785 Provision of EI Services Before an Evaluation and Assessment Are Completed Early intervention services for an eligible child and the child's family may begin before the completion of the evaluation and assessment process described in OAR 581-015-2775 if the following conditions are met: (1) Parental consent for evaluation and services is obtained; (2) An interim IFSP is developed that includes: (a) The name of the service coordinator who will be responsible for implementation of the interim IFSP and coordination with other agencies and persons; and (b) The EI services that have been determined to be needed immediately by the child and the child's family; and (c) The evaluation and assessment are completed within the 45 calendar days as required in OAR 581-015-0945(1)(d). Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475 History: Renumbered from 581-015-0949, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03 ODE 24-2000, f. & cert. ef. 10-16-00 EB 4-1995, f. & cert. ef. 1-24-95
581-015-2786 Dispute Resolution Within and Between Public Agencies — Early Intervention (EI) Services (1) Each public agency involved in providing early intervention services may use its own internal dispute resolution procedures to resolve, in a timely manner, internal disagreements about payments for a particular service or other matters related to providing early intervention services. (2) A public agency’s internal dispute resolution procedures may not result in delaying the provision of early intervention services. (3) Public agencies may not delay or deny the timely provision of early intervention services during the pendency of dispute resolution between public agencies regarding financial responsibilities. Statutory/Other Authority: ORS 343.475 & 343.511 Statutes/Other Implemented: ORS 343.475, 343.495, 343.511, 34 CFR 303.120, 303.511, 303.520 & 303.521 History: ODE 30-2012, f. 11-7-12, cert. ef. 11-9-12
581-015-2800 Termination of Eligibility — EI/ECSE (1) A school district must evaluate a child with a disability in accordance with OAR 581-015-2775 and 2790 before determining that the child is no longer a child with a disability. (2) The contractor or subcontractor must provide written notice under OAR 581-015-2745 when a team determines that a child is no longer eligible for EI or ECSE services. Statutory/Other Authority: ORS 343.475 & 343.513 Statutes/Other Implemented: ORS 343.475 & 343.513 History: Renumbered from 581-015-0955, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2820 IFSP Team Consideration and Special Factors (1) In developing, reviewing and revising the child's IFSP, the IFSP team must consider: (a) The strengths of the child and the concerns of the parents for enhancing the development of their child; and (b) The results of the initial or most recent evaluation of the child; and (c) For a child age three and older, the academic, developmental and functional needs of the child. (2) For children age three and older, in developing, reviewing and revising the child's IFSP the IFSP team must consider the following special factors: (a) The communication needs of the child; and (b) Whether the child requires assistive technology devices and services. (3) For children age three and older, in developing, reviewing and revising the IFSP of children described below, the IFSP team must consider the following additional special factors: (a) For a child whose behavior impedes his or her development or that of others, consider strategies, positive behavioral interventions and supports to address that behavior; (b) For a child or family with limited English proficiency, consider the language needs of the child and the family as those needs relate to the child's IFSP; (c) For a child who is blind or visually impaired, instruct the child in pre-literacy or readiness activities related to the use of Braille unless the IFSP determines, after an evaluation of the child, that this instruction is not appropriate for the child; (d) For a child who is deaf or hard of hearing, consider the child's language and communication needs, including developmental level, full range of needs, and opportunities for direct instruction and direct communications with peers and professional personnel in the child's language and communication mode. (4) If, in considering these special factors, the IFSP team determines that a child needs a particular device or service (including intervention, accommodation or other program modification) for the child to receive free appropriate public education, the IFSP team must include a statement to that effect in the child's IFSP. (5) Nothing in OAR 581-015-2815 or this rule may be construed to require the IFSP team to include information under one component of a child's IFSP that is already contained under another component of the child's IFSP. Statutory/Other Authority: ORS 343.475 & 343.521 Statutes/Other Implemented: ORS 343.475 & 343.521 History: Renumbered from 581-015-0972, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 1-2004, f. & cert. ef. 1-15-04 ODE 2-2003, f. & cert. ef. 3-10-03
581-015-2830 Implementation of the IFSP (1) An IFSP must: (a) Be written before EI services or ECSE and related services are provided to the child; (b) Begin as soon as possible following the meeting; and (c) Be provided year round for children receiving EI services, unless agreed to otherwise by the parents; or (d) Be in effect by the child's third birthday and at the beginning of the school year for children receiving ECSE services. (2) If a child's third birthday occurs during the summer, the child's IFSP team must determine when services begin under the IFSP. (3) Contractors and subcontractors must: (a) Ensure that the IFSP is available as soon as possible and at no cost to the parents. They must also ensure copies of the IFSP are available to each regular preschool teacher, EI/ECSE specialist, related service provider and other service provider who is responsible for its implementation; and (b) Inform each teacher and provider described in (2)(a) of his or her specific responsibilities for implementing the child's IFSP and the specific accommodations, modifications and supports that must be provided for on behalf of the child in accordance with the IFSP. (4) Contractors or subcontractors must provide EI or ECSE and related services to a child with a disability in accordance with an IFSP. (5) Nothing in this rule limits a parent's right to ask for revisions of their child's IFSP or to invoke due process procedures. Statutory/Other Authority: ORS 343.475 & 343.521 Statutes/Other Implemented: ORS 343.475, 343.521, 34 CFR 300.101 & 34 CFR 303.409 History: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12 Renumbered from 581-015-0990, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 1-2004, f. & cert. ef. 1-15-04 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 24-2000, f. & cert. ef. 10-16-00 EB 4-1995, f. & cert. ef. 1-24-95 EB 23-1992, f. & cert. ef. 6-23-92
581-015-2835 Natural Environments in EI Contractors or subcontractors must ensure that: (1) To the maximum extent appropriate to the needs of the child and family, EI services are provided in natural environments, including the home and community settings in which children without disabilities participate; and (2) The determination of the appropriate setting for providing EI services to an infant or toddler with a disability, including any justification for not providing a particular EI service in the natural environment is: (a) Made by the IFSP Team (which includes the parent and other team members); (b) Consistent with the provisions of OAR-581-2700and 581-015-2815(3)(h); (c) Based on the child’s outcomes which are identified by the IFSP team. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475, 343.495 & 34 CFR 303.344 History: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12 Renumbered from 581-015-0995, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2840 Service Coordination (1) For a child under age three, the contractor or subcontractor must: (a) Provide active ongoing service coordination as an EI service; and (b) Appoint a service coordinator as soon as possible when a referral is received. (2) For a child age three and older, contractors and subcontractors may provide service coordination as an ECSE service. (3) The service coordinator must: (a) Coordinate all services across agency lines by serving as a single point of contact in helping parents obtain the services and assistance they need; (b) Assist and enable parents of eligible children in gaining access to required EI services and other services identified in the IFSP; (c) Facilitate the timely delivery of available services and conduct follow- up activities to determine that appropriate services are provided; (d) Continuously seek the appropriate services in situations necessary to benefit the development of each child being served for the duration of the child's eligibility; (e) Coordinate the performance of evaluation and assessments; (f) Facilitate and participate in the development, review, and evaluation of IFSPs; (g) Assist families in identifying available service providers; (h) Coordinate and monitor the delivery of available services and other services that are identified in the IFSP to the child or family, including making appointments and referrals to providers for needed services; (i) Inform families of their rights, their procedural safeguards, and the availability of advocacy services; (j) Coordinate with medical and health providers; (k) Facilitate the development of a transition plan to preschool, ECSE services, or other early childhood service, if appropriate; and (l) Coordinate the funding sources for services required under this part. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475, 343.523 & 34 CFR 303.34 History: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12 Renumbered from 581-015-1120, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00 EB 4-1995, f. & cert. ef. 1-24-95
581-015-2845 Placement and Least Restrictive Environment in ECSE (1) Contractors or subcontractors must ensure that: (a) The placement of a child with a disability is determined by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and (b) To the maximum extent appropriate to the needs of the child, ECSE services are provided in the least restrictive environment as defined in OAR 581-015-2240, including home and community settings in which children without disabilities participate. (2) Each child's placement must be: (a) Determined at least every 365 days; (b) Based on the IFSP; and (c) As close as possible to the child's home. (3) Unless the IFSP of a child with a disability requires some other arrangement, the child must be educated in the public school or public program, if any, that he or she would attend if not disabled. (4) The contractor must ensure that a continuum of alternative placements is available to meet the needs of preschool children with disabilities for special education and related services. (a) The continuum must include placements in the home, hospitals, institutions, special schools, classrooms, and community childcare or preschool settings. (b) The continuum must provide for supplementary services to be provided in conjunction with regular preschool placement. (5) In determining the least restrictive environment, the team must consider the continuum of alternative placements and the following: (a) Modifications needed to implement the child's IFSP; (b) The level of support needed by the child; (c) Any potential harmful effect on the child or on the quality of services which he or she needs; (d) A child with a disability must not be removed from education in age appropriate classrooms or settings solely because of needed modifications. (6) The team must ensure that, to the maximum extent appropriate to the needs of that child, ECSE services are provided in settings in which children without disabilities participate, including nonacademic services and activities. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475 History: Renumbered from 581-015-1000, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 24-2000, f. & cert. ef. 10-16-00 EB 4-1995, f. & cert. ef. 1-24-95 EB 23-1992, f. & cert. ef. 6-23-92
581-015-2850 Free Appropriate Public Education (FAPE) for ECSE (1) Contractors and subcontractors must provide ECSE and related services to all resident children from three years of age until the age of eligibility for public school. (2) The requirements of this rule also apply to children with disabilities who have been suspended or expelled from preschool in accordance with OAR 581-015-2410 through 581-015-2440. (3) For purposes of this rule, a preschool child with a disability is considered resident of the service area where the child is currently living, including children living in public or private residential programs, hospitals, and similar facilities. ORS 343.475(3) (4) For purposes of this rule, "school district" means contractors or subcontractors. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475 History: Renumbered from 581-015-1002, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2855 Extended Year Services for ECSE (1) Contractors and subcontractors must ensure that extended year services are available as necessary to provide a free appropriate public education to children eligible for ECSE services. (2) Extended year services must be provided only if the child's IFSP team determines, on an individual basis, in accordance with OAR 581-015-2755 and 581-015-2810 through 581-015-2830, that services are necessary for the provision of free appropriate public education to the child. (3) A contractor or subcontractor may not: (a) Limit extended year services to particular categories of disability; or (b) Unilaterally limit the type, amount, or duration of those services. (4) The purpose of extended year services is the maintenance of the child's learning skills or behavior, not the teaching of new skills or behavior. (5) Contractors or subcontractors must develop criteria for determining the need for extended year services. The criteria must include: (a) Regression and recoupment time based on documented evidence; or (b) If no documented evidence, on predictions according to the professional judgment of the team. (6) For the purposes of section (5) of this rule: (a) "Regression" means significant loss of skills or behaviors in any area specified on the IFSP as a result of an interruption in ECSE services; and (b) "Recoupment" means the recovery of skills or behaviors specified on the IFSP to a level demonstrated before the interruption of education services. (7) For the purposes of this rule, "extended year services" means ECSE services and related services that: (a) Are provided to a child with a disability; (A) Beyond the normal service year of the contractor or subcontractor; (B) In accordance with the child's IFSP; and (C) At no cost to the parents of the child; and (b) Meet the standards of the Department. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475 History: Renumbered from 581-015-1003, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2860 Assistive Technology for ECSE (1) Contractors or subcontractors must follow the rules and procedures in OAR 581-015-2055 to ensure that assistive technology devices or assistive technology services, or both, are available to preschool children with a disabilities age three through the age of eligibility for public school, if required as a part of the child's special education, related services or supplementary aids and services. (2) For the purposes of this rule, "school district" means contractors or subcontractors. (3) For the purposes of this rule, "IEP" means IFSP. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475 History: Renumbered from 581-015-1005, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2863 Procedures for EI/ECSE Complaints OAR 581-015-2030 applies for EI and ECSE programs. Statutory/Other Authority: ORS 343.041 Statutes/Other Implemented: ORS 343.041, 34 CFR 300.151-153 & 34 CFR 300.504(a)(2) History: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
581-015-2865 Mediation (1) The Department offers mediation, in accordance with OAR 581-015-2335, at no cost to the parties to resolve disputes involving any EI/ECSE matter, including matters arising before the filing of a complaint or hearing request. For EI families, such matters may include a public agency’s choices regarding insurance related decisions or fees, such as: copayments or deductibles, incurred as part of a child’s early intervention services. (2) For the purposes of OAR 581-015-2335, "school district" means contractors and subcontractors for disputes involving any EI/ECSE matter. Statutory/Other Authority: ORS 343.475 & 343.531 Statutes/Other Implemented: ORS 343.475, 343.531, 34 CFR 303.431 & 303.521(e) History: ODE 30-2012, f. 11-7-12, cert. ef. 11-9-12 Renumbered from 581-015-1020, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00 EB 4-1995, f. & cert. ef. 1-24-95 EB 23-1992, f. & cert. ef. 6-23-92
581-015-2870 Due Process Hearings OARs 581-015-2340 through 581-015-2385 apply for EI and ECSE programs with the following exceptions: (1) "School District" means contractors and subcontractors; (2) Parents may not seek reimbursement or attorney fees under ORS 343.175 for EI hearings; (3) The Department must submit a copy of the hearing decision to the State Advisory Council for Special Education and the State Interagency Coordinating Council; and (4) EI parents may use the State Due Process system established in OAR 581-015-2340 through 581-015-2385 to contest the imposition of fees, or a public agency’s decisions about a parent’s ability to pay costs, such as co-payments or deductibles, incurred as a part of a child’s early intervention services. Statutory/Other Authority: ORS 343.475 & 343.531 Statutes/Other Implemented: ORS 343.475, 343.531 & 34 CFR 303.521(e) History: ODE 30-2012, f. 11-7-12, cert. ef. 11-9-12 ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12 Renumbered from 581-015-1030, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00 EB 10-1996, f. & cert. ef. 6-26-96 EB 4-1995, f. & cert. ef. 1-24-95 EB 23-1992, f. & cert. ef. 6-23-92
581-015-2875 Discipline of Children with Disabilities for ECSE Contractors or subcontractors must follow the rules and procedures in OAR 581-015-2400 through 581-015-2445 for discipline of children with disabilities age three through the age of eligibility for public school with the following definition exceptions: (1) "General curriculum" means appropriate activities engaged in by typical children of the same age; (2) "IEP" means IFSP; and (3) "Day" means calendar days excluding weekends, holidays, and ECSE program vacation days. (4) "School district" means contractors or subcontractors. Statutory/Other Authority: ORS 343.475 & 343.531 Statutes/Other Implemented: ORS 343.475 & 343.531 History: Renumbered from 581-015-1008, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 8-2001, f. & cert. ef. 1-29-01 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2880 Private Placement — ECSE Contractors or subcontractors must follow the rules and procedures in OAR 581-015-2450 through 581-015-2515 for ECSE children placed by their parents in private schools. Statutory/Other Authority: ORS 343.475 Statutes/Other Implemented: ORS 343.475 & 343.495 History: Renumbered from 581-015-1125, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00
581-015-2895 Health and Safety EI and ECSE services may be provided to eligible children in a variety of settings including, but not limited to, home, hospitals, institutions, special schools, classrooms, and community child care, or preschool settings. If services are provided in any setting other than the family home, the contractor shall assure that each subcontractor meets all applicable state and local requirements including: (1) The applicable state health, and safety regulations; (2) Assurances that the subcontractor has policies or procedures in place regarding staff hiring that include careful checking of personal and professional references for all potential employees, with regularly scheduled evaluations to evaluate the employee's competence to work with young children; (3) The provision of adequate space to assure the full participation of all children, regardless of ability or mobility; and (4) The applicable personnel standards outlined in OAR 581-015-2900. Statutory/Other Authority: ORS 343.475 & 343.495 Statutes/Other Implemented: ORS 343.475 & 343.495 History: Renumbered from 581-015-1090, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 24-2000, f. & cert. ef. 10-16-00 EB 23-1992, f. & cert. ef. 6-23-92
581-015-2900 Personnel Standards (1) Personnel employed to provide EI or ECSE services include: (a) Supervisors; (b) EI and ECSE specialists; (c) Related services personnel; and (d) EI and ECSE assistants. (2) Supervisors must meet the following criteria: (a) Possess a minimum of a masters degree in early childhood, special education or a related field, and have three years experience with infants, toddlers, young children, and families. (b) Hold a TSPC administrative endorsement or, within 12 months of employment, complete authorization as an Early Childhood Supervisor under OAR 581-015-2910; and (c) Have a professional development plan based on the content of the EI/ECSE standards. (3) EI and ECSE specialists must meet the following criteria: (a) Possess a minimum of a baccalaureate degree in early childhood, special education or a related field; (b) Have a professional development plan based on the content of the EI/ECSE standards; and (c) Hold one of the following credentials: (A) TSPC licensure or endorsement in EI/ECSE; (B) TSPC licensure or endorsement in related field; or (C) Within 12 months of employment, authorization as an Early Childhood Specialist under OAR 581-015-2905. (4) Related services personnel must possess a minimum of a baccalaureate degree and a valid license necessary to practice in Oregon. Related services personnel who also provide service coordination as outlined in OAR 581-015-2840 must have: (a) TSPC licensure in their area of discipline; or (b) State licensure in their area of discipline; and (c) A professional development plan based on the content of the EI/ECSE standards. (5) EI and ECSE assistants must be at least 18 years old, have a high school diploma or equivalent, experience working with young children. EI/ECSE assistants must have a professional development plan based on the content of the EI/ECSE standards. Statutory/Other Authority: ORS 343.055 & 343.475 Statutes/Other Implemented: ORS 343.055 & 343.475 History: ODE 21-2023, amend filed 10/23/2023, effective 10/24/2023 Renumbered from 581-015-1100, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 24-2000, f. & cert. ef. 10-16-00 EB 10-1997, f. & cert. ef. 6-26-97 EB 23-1992, f. & cert. ef. 6-23-92