justicedao/ipfs_state_laws huggingface dataset:
581-015-2105 Evaluation and Reevaluation Requirements (1) General: A public agency must conduct an evaluation or reevaluation process in accordance with this rule and 581-015-2110 before: (a) Determining that a child is a child with a disability under OAR 581-015-2130 through 581-015-2180; (b) Determining that a child continues to have a disability under OAR 581-015-2130 through 581-015-2180; (c) Changing the child’s eligibility, or (d) Terminating the child’s eligibility as a child with a disability, unless the termination is due to graduation from high school with a regular diploma or exceeding the age of eligibility for a free appropriate public education under OAR 581-015-2045. (2) Request for initial evaluation: Consistent with the consent requirements in OAR 581-015-2090, a parent or public agency may initiate a request for an initial evaluation to determine if a child is a child with a disability. (3) When initial evaluation must be conducted: (a) An initial evaluation must be conducted to determine if a child is eligible for special education services when a public agency suspects or has reason to suspect that: (A) The child has a disability that has an adverse impact on the child's educational performance; and (B) The child may need special education services as a result of the disability. (b) The public agency must designate a team to determine whether an initial evaluation will be conducted. (A) The team must include the parent and at least two professionals, at least one of whom is a specialist knowledgeable and experienced in the evaluation and education of children with disabilities. (B) The team may make this decision without a meeting. If a meeting is held, parents must be invited to participate in accordance with OAR 581-015-2190. (4) Reevaluation: (a) The public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with OAR 581-015-2115, subject to subsection (b) and OAR 581-015-2110(2): (A) If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or (B) If the child’s parents or teacher requests a reevaluation. (b) A reevaluation for each child with a disability: (A) May occur not more than once a year, unless the parent and public agency agree otherwise; and (B) Must occur at least every three years, unless the parent and public agency agree that a reevaluation is unnecessary. (5) Summary of Achievement and Performance: For a student whose eligibility terminates due to graduation with a regular diploma or exceeding the age of eligibility, a school district must provide the student with a summary of the student’s academic achievement and functional performance, including recommendations on how to assist the student in meeting the student’s postsecondary goals. Statutory/Other Authority: ORS 343.041 & 343.157 Statutes/Other Implemented: ORS 343.146, 343.157, 34 CFR 300.301 & 300.303 History: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2115 Evaluation Planning (1) Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation, the child’s IEP or IFSP team, and other qualified professionals, as appropriate, must: (a) Review existing evaluation data on the child, including: (A) Evaluations and information provided by the parents of the child; (B) Current classroom-based, local, or state assessments, and classroom-based observations; and (C) Observations by teachers and related services providers; and (b) On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine: (A) Whether the child is, or continues to be, a child with a disability; (i) For a school-age child, under OAR 581-015-2130 through 581-015-2180; or (ii) For a preschool child, under OAR 581-015-2780 or 581-015-2795; (B) The present levels of academic achievement and related developmental needs of the child; (C) Whether the child needs, or continues to need, EI/ECSE or special education and related services; and (D) For reevaluation, whether the child needs any additions or modifications to special education and related services or, for a preschool child, any additions or modifications to ECSE services: (i) To enable the child to meet the measurable annual goals in the child’s IEP or IFSP; and (ii) To participate, as appropriate, in the general education curriculum or, for preschool children, appropriate activities. (2) Conduct of review. The team described in subsection (1) may conduct this review without a meeting. If a public agency holds a meeting for this purpose, parents must be invited to participate in conformance with OAR 581-015-2190 or, for parents of preschool children, with OAR 581-015-2750. (3) Source of data. The public agency must administer tests and other evaluation materials as may be needed to produce the additional data identified under subsection (1)(b). (4) Requirements if additional data are not needed. (a) If the child’s IEP or IFSP team determines that no additional data are needed to determine whether the child is or continues to be a child with a disability, and to determine the child’s educational and developmental needs, the public agency must notify the child’s parents: (A) Of that determination and the reasons for it; and (B) Of the right of the parents to request an assessment to determine whether, for purposes of services under this part, the child continues to be a child with a disability, and to determine the child’s educational and developmental needs. (b) The public agency is not required to conduct an assessment of the child unless requested to do so by the child’s parents. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.157 Statutes/Other Implemented: ORS 343.146, 343.157 & 34 CFR 300.305 History: Renumbered from 581-015-0701, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00
581-015-2125 Interpretation of Evaluation Data In interpreting evaluation data for the purpose of determining if a child is a child with a disability under OAR 581-015-2130 through 581-015-2180, and the educational needs of the child, each team must: (1) Draw upon information from a variety of sources, including but not limited to, aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior; and (2) Ensure that information obtained from all these sources is documented and carefully considered. Statutory/Other Authority: ORS 343.041 & 343.157; Statutes/Other Implemented: ORS 343.157, 343.045, 343.146, 343.155 & 34 CFR 300.306 History: Renumbered from 581-015-0073, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00 EB 22-1995, f. & cert. ef. 9-15-95 1EB 269, f. & ef. 12-22-77
581-015-2140 Deafblindness (1) Definition of “Deafblindness”: For early intervention, early childhood special education, and school age special education, “Deafblindness” means having impairments in both hearing and vision, the combination of which causes such severe communication and other developmental and educational needs that the child cannot be accommodated in special education programs designed solely for students who are deaf or are hard of hearing or have a visual impairment. (2) Comprehensive Evaluation: If a child is suspected of having deafblindness, a comprehensive evaluation must be conducted for early intervention, early childhood special education, or school age special education services, including the following: (a) The minimum evaluation procedures for deaf or hard of hearing and vision impairment under OAR 581-015-2150 and 581-015-2180, respectively; (b) If the child demonstrates inconsistent or inconclusive responses in an assessment of one sensory area, a functional assessment must be administered by a state licensed educator of the visually impaired, a state licensed educator of the deaf or hard of hearing or an audiologist licensed by the State Board of Examiners for Speech-Language Pathology and Audiology. (3) Eligibility Criteria: To be eligible as a child with deafblindness for early intervention, early childhood special education, or school age special education services, the child must meet one or more of the following minimum criteria: (a) The child meets the minimum criteria for both vision impairment and deaf or hard of hearing under OAR 581-015-2150 and 581-015-2180, respectively; or (b) The child meets the minimum criteria for either vision impairment or deaf or hard of hearing and demonstrates inconsistent or inconclusive responses in an assessment of the other sensory area; or (c) The child meets the minimum criteria for either vision impairment or deaf or hard of hearing and has a degenerative disease or pathology that affects the acuity of the other sensory area. (4) Eligibility Determination: To be eligible for services as a child with deafblindness for early intervention, early childhood special education, or school age special education services, the eligibility team must also determine that: (a) The child has deafblindness 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 343.035(1), 343.045, 343.146 & 343.157; Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306 History: ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023 Renumbered from 581-015-0051, 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 11-2000, f. 5-3-00, cert. ef. 7-1-00 EB 22-1995, f. & cert. ef. 9-15-95 EB 16-1992, f. & cert. ef. 5-13-92 EB 25-1991(Temp), f. & cert. ef. 11-29-91 1EB 7-1986, f. & ef. 2-24-86 Reverted to 1EB 29-1978, f. & ef. 7-20-78 1EB 18-1983(Temp), f. & ef. 12-20-83 1EB 29-1978, f. & ef. 7-20-78
581-015-2180 Visual Impairment (1) Definition of Visual Impairment: For early intervention, early childhood special education, and school age special education, “Visual Impairment” means an impairment in vision that, even with correction, adversely affects an infant or toddler’s development or a child’s educational performance. The term visual impairment includes low vision, total blindness, limited visual acuity after correction, restricted visual field, and progressive eye conditions. (2) Comprehensive Evaluation: If a child is suspected of having a visual impairment, a comprehensive evaluation must be conducted for early intervention, early childhood special education, or school age special education services, including the following: (a) Documentation of a vision examination as defined in OAR 581-015-2000. The vision examination should indicate whether: (A) The child has a vision impairment that is uncorrectable by medical treatment, therapy or lenses; or (B) The vision examination results are inconclusive, and the child demonstrates inadequate use of residual vision; (b) A functional vision assessment conducted by a teacher of the visually impaired to identify the child's educational and compensatory needs, including a functional assessment of the child's residual visual acuity or field of vision; and (c) Any additional assessments determined by the evaluation team to be necessary to determine the impact of the suspected disability: (A) On the child's educational performance for a child age 5 to 21; or (B) On the child's developmental progress for a child age birth to 5. (3) Eligibility Criteria & Determination: For a child to be eligible for services as a child with a visual impairment, the eligibility team must determine that: (a) The child has a visual impairment 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 343.035(1), 343.045, 343.146 & 343.157; Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306 History: ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023 ODE 13-2019, amend filed 05/17/2019, effective 07/01/2019 Renumbered from 581-015-0051, 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 11-2000, f. 5-3-00, cert. ef. 7-1-00 EB 22-1995, f. & cert. ef. 9-15-95 EB 16-1992, f. & cert. ef. 5-13-92 EB 25-1991(Temp), f. & cert. ef. 11-29-91 1EB 7-1986, f. & ef. 2-24-86 Reverted to 1EB 29-1978, f. & ef. 7-20-78 1EB 18-1983(Temp), f. & ef. 12-20-83 1EB 29-1978, f. & ef. 7-20-78
581-015-2181 Functional Behavioral Assessments (1) As used in this rule: (a) “Behavior intervention plan” means an individualized plan, including positive interventions, designed to: (A) Assist a student to decrease inappropriate behavior; and (B) Increase or teach an alternative appropriate behavior. (b) “504 Plan” means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1978, 29 U.S.C. 794. (c) “Functional behavioral assessment” means an individualized assessment of a student that results in a hypothesis about the function of a student’s behavior and, as appropriate, recommendations for a behavior intervention plan. (d) “Qualified person” means an individual with training and/or experience in conducting functional behavioral assessments. (e) “Serious bodily injury” has the meaning given that term in ORS 339.285. (f) “Service provider” includes school personnel who: (A) Are or will be providing services related to the implementation of an individualized education program or a 504 Plan to the student; and (B) Do not hold a teaching license or an administrative license. (2)(a) A school district must conduct a functional behavioral assessment and develop, review or revise a behavior intervention plan within 45 school days of receiving parental consent to conduct the assessment for every student who has: (A) An individualized education program or a 504 Plan; and (B) Placed the student, other students or staff at imminent risk of serious bodily injury as a result of the student’s behavior. (b) For purposes of this subsection, if a functional behavioral assessment has been previously completed, the school district must review and/or revise the existing functional behavior assessment. (3) When a behavior intervention plan is developed, reviewed or revised as provided by subsection (2) of this section, the school district must: (a) Ensure that the behavior intervention plan is based on a functional behavioral assessment that was conducted by a qualified person; (b) Ensure that the behavior intervention plan appropriately addresses the student’s needs; (c) Allow service providers involved in the incident when the student, other students or staff were at imminent risk of serious bodily injury to provide meaningful input into the development, review or revision; (d) Inform the service providers about any portions of the behavior intervention plan that are relevant to the service providers and about any training opportunities for the service providers; and (e) Ensure that the behavior intervention plan was correctly implemented before making any revisions. Statutory/Other Authority: Sec. 2, Ch. 436, OL 2017 Statutes/Other Implemented: Sec. 2, Ch. 436, OL 2017 History: ODE 43-2018, adopt filed 12/10/2018, effective 12/10/2018
581-015-2190 Parent Participation – General (1) School districts must provide one or both parents with an opportunity to participate in meetings with respect to the identification, evaluation, IEP and educational placement of the child, and the provision of a free appropriate public education to the child. (2) Meeting Notice: (a) School districts must provide parents with a written notice of the meeting sufficiently in advance to ensure that one or both parents will have an opportunity to attend. (b) The written notice must: (A) State the purpose, time and place of the meeting and who will attend; (B) Inform the parent that they may invite other individuals whom they believe have knowledge or special expertise regarding the child; (C) Inform the parent that the team may proceed with the meeting even if the parent is not in attendance; and (D) Inform the parent of whom to contact before the meeting to provide information if they are unable to attend. (3) The school district must take whatever action is necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents who are deaf or whose native language is other than English. (4) A meeting does not include informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not addressed in the child's IEP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting. (5) Conducting a meeting without a parent in attendance: A meeting may be conducted without a parent in attendance if the school district has given the parent notice under subsection (2), or, for IEP or placement meetings, in accordance with OAR 581-015-2195. (6) Transfer of rights: (a) The right to parent participation transfers to an adult student under OAR 581-015-2325. (b) After the transfer of rights to an adult student under OAR 581-015-2325, the school district must provide written notice of meetings to the adult student and parent, if the parent can be reasonably located. A parent receiving notice of a meeting under this subsection is not entitled to attend the meeting unless invited by the adult student or by the school district. Statutory/Other Authority: ORS 343.041, 343.055 & 343.155 Statutes/Other Implemented: ORS 343.155, 34 CFR 300.500, 300.327 & 300.501(b) History: Renumbered from 581-015-0063, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 17-1999, f. & cert. ef. 9-24-99
581-015-2205 IEP Team Considerations and Special Factors (1) In developing, reviewing and revising the child's IEP, the IEP team must consider: (a) The strengths of the child; (b) The concerns of the parents for enhancing the education of their child; (c) The results of the initial or most recent evaluation of the child; and (d) The academic, developmental, and functional needs of the child. (2) In developing, reviewing and revising the child's IEP, the IEP team must consider the following special factors: (a) The communication needs of the child; and (b) Whether the child needs assistive technology devices and services. (3) In developing, reviewing and revising the IEP of children described below, the IEP team must consider the following additional special factors: (a) For a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies to address that behavior; (b) For a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP; (c) For a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child; and (d) For a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communication with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode. (4) If, in considering these special factors, the IEP team determines that a child needs a particular device or service (including an intervention, accommodation, or other program modification) for the child to receive free appropriate public education, the IEP team must include a statement to that effect in the child's IEP. (5) Nothing in OAR 581-015-2200 or this rule may be construed to require the IEP team to include information under one component of a child's IEP that is already contained under another component of the child's IEP. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.151 Statutes/Other Implemented: ORS 343.051, 34 CFR 300.320, 300.324(a)(1) & (2) & (b)(2) History: Renumbered from 581-015-0568, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 32-1999, f. 12-13-99, cert. ef. 12-14-99
581-015-2215 Oregon Standard IEP (1) Each school district must use the Oregon Standard IEP form in the development, review and revision of all IEPs, unless an alternate form is approved under subsection (4). (2) A school district may use an alternate form in the development, review and revision of IEPs if the Department approves the alternate form. (3) Criteria for approval. The criteria for approval of alternate forms includes, but is not limited to: (a) Whether the alternate form meets the requirements for the contents of an IEP under OARs 581-015-2200, 581-015-2205, 581-015-2330, and 581-015-2065; and (b) Whether use of the alternate form will reduce unnecessary or confusing paperwork. (4) Approval process. (a) Within 10 days of the established date of submission of the alternate form for approval, the Department will decide: (A) Whether the alternate form is approved or disapproved; and (B) Any conditions that apply to the use of the alternate form. (b) A school district may ask for a reconsideration of the decision within 30 days of receiving the Department's decision in subsection (3). The Department will issue a written response to the district of the reconsideration within 30 days of receiving the request. (c) If a school district changes or modifies the approved alternate form, the district must submit the form for approval before its use. (d) The decisions of the Department under this rule are final. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.151 Statutes/Other Implemented: ORS 343.151 History: Renumbered from 581-015-0703, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 17-2000, f. & cert. ef. 5-23-00
581-015-2220 When IEPs Must Be In Effect (1) General: (a) At the beginning of each school year, a school district must have in effect an IEP for each child with a disability within the district’s jurisdiction. (b) School districts must provide special education and related services to a child with a disability in accordance with an IEP. (2) Initial IEPs: (a) A school district must conduct a meeting to develop an initial IEP within 30 calendar days of a determination that the child needs special education. (b) As soon as possible following development of the IEP, special education and related services must be made available to the child in accordance with the child’s IEP. (3) Accessibility of IEPs. Each school district must: (a) Ensure that the IEP is accessible to each regular education teacher, special education teacher, related service provider and other service provider who is responsible for its implementation; and (b) Inform each teacher and provider described in (3)(a) of his or her specific responsibilities for implementing the child's IEP and the specific accommodations, modifications and supports that must be provided for or on behalf of the child in accordance with the IEP. Statutory/Other Authority: ORS 343.041, 343.045 & 343.055; Statutes/Other Implemented: ORS 343.151, 34 CFR 300.323 & 300.324 History: Renumbered from 581-015-0064, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 32-1999, f. 12-13-99, cert. ef. 12-14-99 EB 11-1995, f. & cert. ef. 5-25-95 1EB 269, f. & ef. 12-22-77