reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions below apply to OARs 581-015-2000-581-015-2999,
				unless the context indicates otherwise.
(1) "Adult student" is a student for whom
			 special education procedural safeguard rights have transferred as described in
			 OAR 581-015-2325.
(2) "Assistive
			 technology device" means any item, piece of equipment, or product system,
			 whether acquired commercially off the shelf, modified, or customized, that is
			 used to increase, maintain, or improve the functional capabilities of a child
			 with a disability. The term does not include a medical device that is
			 surgically implanted, or the replacement of such device.
(3) "Assistive technology service" means any
			 service that directly assists a child with a disability in the selection,
			 acquisition, or use of an assistive technology device. The term includes:
(a) The evaluation of the needs of a child
			 with a disability, including a functional evaluation of the child in the
			 child's customary environment;
(b)
			 Purchasing, leasing, or otherwise providing for the acquisition of assistive
			 technology devices by children with disabilities;
(c) Selecting, designing, fitting,
			 customizing, adapting, applying, maintaining, repairing, or replacing assistive
			 technology devices;
(d)
			 Coordinating and using other therapies, interventions, or services with
			 assistive technology devices, such as those associated with existing education
			 and rehabilitation plans and programs;
(e) Training or technical assistance for a
			 child with a disability or, if appropriate, that child's family; and
(f) Training or technical assistance for
			 professionals (including individuals providing education or rehabilitation
			 services), employers, or other individuals who provide services to, employ, or
			 are otherwise substantially involved in the major life functions of that
			 child.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2005 - Criteria for Approving School District Special Education Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts operating or initiating special education programs must have their
			 programs approved by the State Superintendent of Public Instruction in order to
			 qualify such programs for state reimbursement. As part of this process,
			 districts must subscribe to the following:
(a) In accordance with OAR 581-015-2245,
			 school districts must ensure that a continuum of alternative placements is
			 available to meet the individual special education and related services needs
			 of all children with disabilities for whom the district is responsible pursuant
			 to ORS 339, OAR 581-021-0019, or open enrollment under section 9, chapter 718,
			 Oregon Laws 2011. For all school purposes residency for children with
			 disabilities enrolled in charter schools is determined in accordance with ORS
			 Chapter 338.
(b) Special education
			 must be established and conducted as an integral part of the district's regular
			 school program.
(c) Children who
			 require special education have the same rights and privileges provided to other
			 students.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2010 - Census and Data Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each school district must report to the Department all children with
			 disabilities, for whom the district has responsibility for FAPE, who have been
			 identified, located and evaluated and are receiving early intervention, early
			 childhood special education or special education from a public or private
			 educational program on December 1 of each school year.
(2) Charter School Students. Each school
			 district in which a charter school is located reports children with
			 disabilities enrolled in the charter schools located in the district and
			 receiving services described in (1), regardless of parental residency.
			 Residency for children enrolled in charter schools is determined in accordance
			 with ORS Chapter 338.
(3) If no
			 children have been identified, located, and evaluated as being disabled, school
			 districts must report this fact.
(4) Private School Students. Each school
			 district must conduct an annual count of the number of private school children
			 as follows:
(a) On October 1 of each year,
			 each school district must count all children attending private schools located
			 within the boundaries of the district.
(b) On December 1 of each year, each school
			 district must count all parentally placed children with disabilities attending
			 non-profit private schools located within the boundaries of the district, in
			 accordance with OAR 581-015-2475, whether or not these children are receiving
			 equitable special education services as described in OAR 581-015-2460.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2015 - General Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "General Supervision" means a system that enables the Department to monitor
			 whether the requirements of the Individuals with Disabilities Education Act
			 (IDEA), Oregon Revised Statutes (ORS), and Oregon Administrative Rules (OAR)
			 are being effectively implemented by school districts and programs in
			 compliance with legal and regulatory requirements.
(2) The requirements described in this rule
			 apply to each school district or program involved in the education of children
			 or students with disabilities.
(3)
			 School districts and programs involved in the education of children or students
			 with disabilities shall undertake activities of General Supervision as directed
			 by the Department, including but not limited to, the following activities:
(a) Development and review of policies and
			 procedures that document compliance with the requirements in IDEA, ORS, and OAR
			 Chapter 581;
(b) Collection,
			 validation, and submission of data on processes and results;
(c) Integrated monitoring activities,
			 including but not limited to, district and program self-assessment, data
			 collection, analysis and reporting, on-site visits, review of policies and
			 procedures, review of the development and implementation of IEPs and IFSPs,
			 improvement planning, corrective action, and auditing federal fund
			 use;
(d) Participation in effective
			 dispute resolution including but not limited to mediation as described in OAR
			 581-015-2335, due process hearings as described in OAR 581-015-2345, and state
			 complaints as described in OAR 581-015-2030;
(e) Compliance with any corrective actions
			 required through state complaints and due process decisions; and
(f) Participation in universal, targeted, and
			 intensive technical assistance and professional development.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2020 - Recovery of Funds for Misclassified Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School districts must ensure that
			 children identified on the special education child count under Part B of the
			 Individuals with Disabilities Education Act are limited to eligible
			 children.
(2) For purposes of this
			 rule, an "eligible child" means a child aged three through school-age who:
(a) Is determined to be a child with a
			 disability under OAR 581-015-2130 to 581-015-2180;
(b) Has a current IEP or IFSP that provides
			 for special education and related services that is being implemented;
			 and
(c) Is receiving a free
			 appropriate public education.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2025 - Advanced Payment to School Districts for Special Education Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with ORS 343.670, the Department may make
			 advance payments to a school district or education service district that
			 operates a special education program approved by the State Superintendent of
			 Public Instruction.
(2) Advance
			 payments paid by the Oregon Department of Education to the school or education
			 service district will be made quarterly.
(3) The first three advance payments will be
			 calculated either upon the district's reimbursement for the prior year or the
			 district's estimated costs for special education for the coming school year, at
			 the discretion of the Department.
(4) The fourth payment will be based upon the
			 district's approved reimbursement for the current claim less the three advance
			 payments.
(5) In no event will the
			 fourth payment be remitted until the Department has completed the final
			 auditing of a district's claim.
Stat. Auth.: ORS
				  343.041,
				  343.055
Stats. Implemented: ORS
				  343.670
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2030 - Procedures for Complaints as Required by IDEA Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An organization
			 or individual, including an organization or individual from another state, may
			 file with the State Superintendent of Public Instruction a written, signed
			 complaint that the Department, or a sub grantee, including but not limited to a
			 regional program, an education service district or a local education agency is
			 violating or has violated the Individuals with Disabilities Education Act or
			 regulations under that Act.
(2) The
			 complainant must send a copy of the complaint to the public agency serving the
			 child at the same time the complainant files the complaint with the
			 Department.
(3) Upon receipt of a
			 complaint under this provision, the Department will provide a copy of the
			 Notice of Procedural Safeguards to a parent or adult student who files a
			 complaint.
(4) If a complaint
			 alleges violations outside the scope of the Individuals with Disabilities
			 Education Act, the complainant will be informed of alternative procedures that
			 are available to address the complainant's allegations.
(5) The complaint must allege a violation
			 that occurred not more than one year before the date that the complaint is
			 received by the Department
(6) The
			 complaint must include the facts on which the complaint is based. If the facts
			 as alleged by the complainant would be considered a violation of the
			 Individuals with Disabilities Education Act:
(a) The Superintendent will request the
			 public agency to respond to the allegations. The Superintendent (or designee)
			 may also initiate attempts to resolve the complaint through mediation or
			 alternative dispute resolution, including local resolution.
(b) The respondent must respond to the
			 allegations and furnish any information or documents requested by the
			 Superintendent within ten business days from the receipt of request for
			 response from the Superintendent unless another time period is specified by the
			 Superintendent. At the same time, the respondent must send a copy of the
			 response and documents to the complainant. If the complainant does not
			 otherwise have access to confidential information in the response, the
			 respondent must provide the complainant with the non-confidential portion(s) of
			 the response.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2035 - Minimum Standards for Sign Language Interpreters Serving Students in Public Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For purposes of this rule, the following definitions shall apply:
(a) "CI" means Certificate of Interpretation
			 issued by RID.
(b) "CT" means
			 Certificate of Transliteration issued by RID.
(c) "EI/ECSE" means Early Intervention and
			 Early Childhood Special Education.
(d) "EIPA" means the Educational Interpreter
			 Performance Assessment®, including both the written and performance
			 components.
(e) "NIC" means the
			 National Interpreter Certification by RID.
(f) "Public School" means a public agency or
			 school district or as defined in OAR
			 581-015-2000.
(g) "RID" means Registry of Interpreters for
			 the Deaf Inc.
(h) "Sign Language
			 Interpreter" means a person who provides educational interpreting services to
			 students with hearing impairments.
(i) "Student" means a student with a hearing
			 impairment who is:
(A) Eligible for EI/ECSE or
			 special education services under OAR
			 581-015-2150; or
(B) A qualified student with a disability
			 under Section 504 as defined in OAR
			 581-015-2390.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2040 - Free Appropriate Public Education (FAPE) and Age Ranges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 581-015-2045, school districts must provide a free appropriate
			 public education all school-age children with disabilities for whom the
			 district is responsible pursuant to ORS 338, ORS 339, OAR 581-021-0019, or open
			 enrollment under section 9, chapter 718, Oregon Laws 2011, "School-age
			 children" are children who have reached five years of age but have not yet
			 reached 21 years of age on or before September 1 of the current school year.
(2) An otherwise eligible person
			 whose 21st birthday occurs during the school year is eligible for FAPE for the
			 remainder of the school year.
(3)
			 The requirements of this rule also apply to children with disabilities who have
			 been suspended or expelled from school in accordance with OAR 581-015-2410 to
			 581-015-2440.
Stat. Auth.: ORS
				  343.055
Stats. Implemented: ORS
				  338.165,
				  343.041,
				  339.115,
				  34 CFR
				  300.101
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2045 - Age Limitations and Exceptions to FAPE

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A district must admit an otherwise
			 eligible student who has not yet reached 21 years of age on or before September
			 1 of the current school year.
(2) A
			 student who receives a regular high school diploma is no longer entitled to
			 FAPE. A regular education diploma does not include an alternative degree that
			 is not fully aligned with the state's academic standards, such as a certificate
			 or general educational development credential (GED).
(3) If a school district chooses to provide
			 special education to a student with a regular high school diploma, that student
			 remains eligible for FAPE.
(4) The
			 obligation to make a FAPE available to individuals with disabilities 18 through
			 21 years old who have been convicted as adults and are incarcerated in an adult
			 correctional facility applies only to those individuals who, in their last
			 educational placement before their incarceration in the adult correctional
			 facility:
(a) Were identified as being a
			 child with a disability as defined in OAR 581-015-2000(4); or
(b) Had an individualized education
			 program.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2050 - Graduation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Graduation with
			 a regular high school diploma under OAR 581-022-2000 constitutes a change in
			 placement, requiring written prior notice in accordance with OAR
			 581-015-2310.
(2) A school district
			 is not required to conduct a reevaluation before terminating eligibility due to
			 graduation with a regular high school diploma.
(3) In accordance with OAR 581-022-2000, a
			 school district may award an alternative document as described in local school
			 board policies to a student with a disability. Graduation with an alternative
			 document does not terminate eligibility under OAR 581-015-2045(2), require an
			 evaluation. or require written prior notice.
Statutory/Other Authority: ORS
				  343.055
Statutes/Other Implemented: ORS
				  339.115 &
				  343.295
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2055 - Assistive Technology

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts must ensure that assistive technology devices or assistive technology
			 services, or both, are made available to a child with a disability if required
			 as a part of the child's special education, related services or supplementary
			 aids and services.
(2) On a
			 case-by-case basis, the use of school-purchased assistive technology devices in
			 a child's home or in other settings is required if the child's IEP team
			 determines that the child needs access to those devices to receive a free
			 appropriate public education.
(3)
			 School district policies govern liability, if any, for the loss or damage of
			 assistive technology devices.
(4)
			 School district policies govern transfer of an assistive technology device when
			 a child with a disability using the device ceases to attend school in the
			 district that purchased the device. "Transfer" means the process by which a
			 school district that has purchased an assistive technology device may sell,
			 lease or loan the device for the continuing use of a child with a disability
			 who is ceasing to attend school in the district.
Stat. Auth.: ORS
				  343.041,
				  343.045 &
				  343.223
Stats. Implemented: ORS
				  343.045,
				  343.223,
				  34 CFR
				  300.105
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2060 - Accessible Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts must ensure the timely provision of print instructional materials,
			 including textbooks, that comply with the National Instructional Materials
			 Accessibility Standards (NIMAS) for students who are blind or print disabled,
			 in accordance with OAR 581-022-2355.
(2) School districts must ensure the timely
			 provision of instructional materials in accessible formats to children who need
			 instructional materials in accessible formats, including those who are not
			 blind or print disabled.
Statutory/Other Authority: ORS
				  343.041 &
				  343.045
Statutes/Other Implemented: ORS
				  343.045 &
				  34 CFR
				  300.172
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2065 - Extended School Year Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 School districts must ensure that extended school year services are available
			 as necessary to provide a free appropriate public education to a child with a
			 disability.
(2) Extended school
			 year services must be provided only if the child's IEP team determines, on an
			 individual basis, that the services are necessary for the provision of free
			 appropriate public education to the child.
(3) A school district may not:
(a) Limit extended school year services to
			 particular categories of disability; or
(b) Unilaterally limit the type, amount, or
			 duration of those services.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2070 - Nonacademic Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) School
			 districts must take steps, including the provision of supplementary aids and
			 services determined appropriate and necessary by the child's IEP team, to
			 provide nonacademic and extracurricular services and activities in a manner to
			 afford children with disabilities an equal opportunity for participation in
			 those services and activities.
(2)
			 Nonacademic and extracurricular services and activities may include meals,
			 recess periods, counseling services, athletics, transportation, health
			 services, recreational activities, special interest groups or clubs sponsored
			 by the school district, referrals to agencies that provide assistance to
			 individuals with disabilities, and employment of students, including both
			 employment by the school district and assistance in making outside employment
			 available.
Stat. Auth.: ORS
				  343.041,
				  343.045 &
				  343.055
Stats. Implemented: ORS
				  343.045,
				  34 CFR
				  300.107
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2075 - Charter Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all
			 school purposes, residency for charter school children is determined in
			 accordance with ORS chapter 338, revised 2011.
(2) In accordance with procedural safeguards
			 for special education, a school district must serve resident children with
			 disabilities attending public charter schools located in the district in the
			 same manner as the school district serves children with disabilities in other
			 district schools, including but not limited to:
(a) Identifying, locating, and evaluating
			 students, in accordance with OAR 581-015-2100 - 581-015-2180, to determine
			 which children enrolled in a public charter school may be in need of special
			 education and related services
(b)
			 Implementing special education and related services according to each child's
			 individual education programs (IEP) in accordance with OAR 581-015-2200 -
			 581-015-2230.
(c) Providing
			 supplementary and related services on site at the public charter school to the
			 same extent to which the school district has a policy or practice of providing
			 such services on site to its other public schools.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2080 - Child Find

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 requirements of this rule apply to all children unless they are no longer
			 entitled to a free appropriate public education under OAR
			 581-015-2040-581-015-2050.
(2)
			 Pursuant to ORS 338, 339, OAR 581-021-0019, or open enrollment under section 9,
			 chapter 718, Oregon Laws 2011school districts must identify, locate and
			 evaluate all children with disabilities for whom they are responsible,
			 regardless of the severity of the disability, who are in need of early
			 intervention, early childhood special education, or special education services,
			 including:
(a) Highly mobile children with
			 disabilities (such as migrant and homeless children),
(b) Children who are wards of the state;
(c) Indian preschool children who
			 reside on reservations;
(d)
			 Children who are suspected of having a disability even though they are
			 advancing from grade to grade;
(e)
			 Children enrolled in public charter schools;
(f) Children who are home schooled;
(g) Children below the age of
			 compulsory school attendance who are not enrolled in a public or private school
			 program; and
(h) Children above
			 the age of compulsory school attendance who have not graduated with a regular
			 high school diploma; and
(i)
			 Children attending private schools, pursuant to OAR 581-015-2085.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2085 - Child Find for Children Attending Private Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each school district must locate,
			 identify and evaluate all children with disabilities who are enrolled by their
			 parents in private, including religious, elementary and secondary schools
			 located within the boundaries of the school district.
(2) The child find process for
			 parentally-placed private school children must be designed to ensure the
			 equitable participation of parentally-placed private school children with
			 disabilities and an accurate count of such children.
(3) The school district's child find
			 activities for parentally-placed private school children must be similar to,
			 and completed within a comparable time period, to child find activities for
			 public school children with disabilities.
(4) The cost of implementing child find
			 activities, including individual evaluations, may not be considered in
			 determining whether a school district has met its obligations to spend a
			 proportionate share under OAR 581-015-2470.
(5) These child find requirements apply to
			 all parentally-placed private school children, including those children who are
			 residents of another state.
(b) Each school
			 district must consult with appropriate representatives of private school
			 children with disabilities on how to carry out these activities, in accordance
			 with OAR 581-015-2480.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2090 - Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consent means
			 that the parent or adult student:
(a) Has
			 been fully informed, in his or her native language or other mode of
			 communication, of all information relevant to the activity for which consent is
			 sought; and
(b) Understands and
			 agrees in writing to the carrying out of the activity for which his or her
			 consent is sought.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2095 - Exceptions to Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written
			 parent or adult student consent is not required before:
(a) Reviewing existing data as part of an
			 evaluation or a reevaluation;
(b)
			 Administering a test or other evaluation that is administered to all children
			 unless, before administration of that test or evaluation, consent is required
			 of parents of all children; or
(c)
			 Conducting evaluation tests, procedures or instruments that are identified on a
			 child's IEP as a measure for determining progress; or
(d) Conducting a screening of a student by a
			 teacher or specialist to determine appropriate instructional strategies for
			 curriculum implementation.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2100 - Responsibility for Evaluation and Eligibility Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For school-age children, school districts
			 and juvenile and adult corrections education programs are the public agencies
			 responsible for evaluating children and determining their eligibility for
			 special education services.
(2) For
			 preschool children,
(a) School districts are
			 responsible for the eligibility evaluations of children for EI/ECSE
			 services.
(b) Designated referral
			 and evaluation agencies are responsible for determining the eligibility of
			 children for EI/ECSE services.
(c)
			 EI/ECSE programs are responsible for conducting any necessary evaluations other
			 than for eligibility determination.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2105 - Evaluation and Reevaluation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2110 - General Evaluation and Reevaluation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
General Evaluation and Reevaluation
				Procedures
(1) Evaluation
			 planning. Before conducting any evaluation or reevaluation of a child, the
			 public agency must conduct evaluation planning in accordance with OAR
			 581-015-2115.
(2) Notice and
			 consent.
(a) Before conducting any evaluation
			 or reevaluation, the public agency must provide notice to the parent in
			 accordance with OAR 581-015-2310 that describes any evaluation procedures the
			 agency proposes to conduct as a result of the evaluation planning
			 process.
(b) Before conducting any
			 evaluation or reevaluation, the public agency must obtain informed written
			 consent for evaluation in accordance with OAR 581-015-2090 and
			 581-015-2095.
(c) If the public
			 agency refuses an evaluation or reevaluation requested by the parent, the
			 public agency must provide the parent with prior written notice under OAR
			 581-015-2310.
(d) Parents may
			 challenge the public agency's refusal to conduct a reevaluation under OAR
			 581-015-2345.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2115 - Evaluation Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2120 - Determination of Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 completing the administration of assessments and other evaluation materials, a
			 team must determine whether the child is a child with a disability under OAR
			 581-015-2130 through 581-015-2180 and the educational needs of the child.
(a) The team must include the parent, in
			 accordance with OAR 581-015-2190, and two or more qualified professionals, at
			 least one of whom is knowledgeable and experienced in the evaluation and
			 education of children with the suspected disability. This team may be the
			 child's IEP team.
(b) For a child
			 suspected of having a specific learning disability, the team must meet the
			 requirements of OAR 581-015-2170.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2125 - Interpretation of Evaluation Data

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  343.041,
				  343.157;
Stats. Implemented: ORS
				  343.157,
				  343.045,
				  343.146,
				  343.155;
				  34 CFR
				  300.306
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2127 - Developmental Delay

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2135 - Speech or Language Impairment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition of "Speech or Language Impairment": For early childhood and school
			 age special education, "Speech or Language Impairment" means the impairment of
			 speech articulation, voice, fluency, or the impairment or deviant development
			 of language comprehension and/or expression, or the impairment of the use of a
			 spoken or other symbol system that adversely affects educational performance.
			 The language impairment may be manifested by one or more of the following
			 components of language: morphology, syntax, semantics, phonology, and
			 pragmatics.
(2) Comprehensive
			 Evaluation: If a child is suspected of having a speech or language impairment,
			 a comprehensive evaluation for early childhood or school age special education
			 services must be conducted, including the following:
(a) Speech-language assessment. A speech and
			 language assessment administered by a speech and language pathologist licensed
			 by a State Board of Examiners for Speech-Language Pathology and Audiology or
			 the Teacher Standards and Practices Commission, including:
(A) When evaluating syntax, morphology,
			 semantics or pragmatics, a representative language sample and comprehensive
			 standardized tests that assess expression and comprehension;
(B) When a voice disorder is suspected, a
			 voice assessment scale; and
(C)
			 When a fluency disorder is suspected, an observation in at least two
			 settings;
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2140 - Deafblindness

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2145 - Emotional Behavior Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition of "Emotional Behavior Disability": For early childhood and school
			 age special education, "Emotional Behavior Disability" means a condition
			 exhibiting one or more of the following characteristics over a long period of
			 time and to a marked degree that adversely affects a child's educational
			 performance:
(a) An inability to learn that
			 cannot be explained by intellectual, sensory, or health factors;
(b) An inability to build or maintain
			 satisfactory interpersonal relationships with peers and teachers;
(c) Inappropriate types of behavior or
			 feelings under normal circumstances;
(d) A general pervasive mood of unhappiness
			 or depression; or
(e) A tendency to
			 develop physical symptoms or fears associated with personal or school
			 problems;
(f) The term includes
			 schizophrenia but does not apply to children who are socially maladjusted,
			 unless it is determined that they have an emotional behavior
			 disability.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2150 - Deaf or Hard of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition of "Deaf or Hard of Hearing": "Deaf or hard of hearing" means an
			 impairment in hearing, whether permanent or fluctuating, that is so severe that
			 the child is impaired in processing linguistic information through hearing,
			 with or without amplification.
(a) For early
			 intervention: this impairment in hearing must currently affect or have the
			 potential to significantly affect an infant or toddler's developmental
			 progress. The infant or toddler's hearing level does not need to be presently
			 affecting their development for the infant or toddler to be eligible for early
			 intervention services.
(b) For
			 early childhood and school age special education: this impairment in hearing
			 must adversely affect the child's developmental progress (age 3 to 5) or
			 educational performance (age 5 to 21).
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2155 - Intellectual Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition of Intellectual Disability: For early childhood and school age
			 special education, "Intellectual Disability" means significantly subaverage
			 general intellectual functioning, and includes a student whose intelligence
			 test score is two or more standard deviations below the norm on a standardized
			 individual intelligence test, existing concurrently with deficits in adaptive
			 behavior and manifested during the developmental period, and that adversely
			 affects a child's educational performance.
(2) Comprehensive Evaluation: If a child is
			 suspected of having an intellectual disability, a comprehensive evaluation for
			 early childhood or school age special education services must be conducted,
			 including the following:
(a) Intelligence
			 test. An individually administered standardized intelligence test meeting the
			 reliability and validity standards of the American Psychological Association
			 and administered by a licensed school psychologist, a psychologist licensed by
			 the State Board of Psychological Examiners, or other individual assigned by a
			 school district who has the training and experience to administer and interpret
			 individually administered intelligence tests;
(b) Adaptive behavior scale. The
			 administration of a valid adaptive behavior scale;
(c) Medical examination. If medical
			 information is needed, documentation of a medical examination as defined in OAR
			 581-015-2000 describing relevant medical issues or any sensory or physical
			 factors that may be affecting the child's educational performance;
(d) Developmental history as defined in OAR
			 581-015-2000;
(e) Other:
(A) Any additional assessments necessary to
			 determine the impact of the suspected disability:
(i) On the child's educational performance
			 for a child age 5 to 21; or
(ii) On
			 the child's developmental progress for a child age birth to 5; and
(B) Any additional evaluations or
			 assessments necessary to identify the child's educational needs.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2160 - Orthopedic Impairment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition of "Orthopedic Impairment": For early intervention, early childhood
			 special education, and school age special education, "Orthopedic Impairment"
			 means a motor disability that adversely affects an infant or toddler's
			 development or a child's educational performance. The term includes impairments
			 caused by an anomaly, disease or other conditions (e.g., cerebral palsy, spina
			 bifida, muscular dystrophy or traumatic injury).
(2) Comprehensive Evaluation: If a child is
			 suspected of having an orthopedic impairment, a comprehensive evaluation must
			 be conducted for early intervention, early childhood special education, or
			 school age special education services, including the following:
(a) Medical examination. Documentation of a
			 medical examination as defined OAR 581-015-2000 indicating a diagnosis of an
			 orthopedic or neuromotor impairment or a description of the motor
			 impairment;
(b) Motor assessment. A
			 standardized motor assessment, including the areas of fine motor, gross motor
			 and self-help, when appropriate, by a specialist knowledgeable about orthopedic
			 or neuromotor development;
(c)
			 Other: Any additional assessments necessary to determine the impact of the
			 suspected disability:
(A) On the child's
			 educational performance for a child age 3 to 21; or
(B) On the child's developmental progress for
			 a child age birth to 5; and
(d) Any additional evaluations or assessments
			 necessary to identify the child's educational needs.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2165 - Other Health Impairment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition of "Other Health Impairment": For early childhood and school age
			 special education, "Other Health Impairment" means limited strength, vitality,
			 or alertness, including a heightened alertness to environmental stimuli that
			 results in limited alertness with respect to the educational environment, that:
(a) Is due to chronic or acute health
			 problems (e.g. a heart condition, tuberculosis, rheumatic fever, nephritis,
			 asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, attention
			 deficit disorder, attention deficit hyperactivity disorder, leukemia,
			 Tourette's syndrome or diabetes); and
(b) Adversely affects a child's educational
			 performance.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2175 - Traumatic Brain Injury

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition of Traumatic Brain Injury: For early intervention, early childhood
			 special education, and school age special education, "Traumatic Brain Injury"
			 means an acquired injury to the brain caused by an external physical force,
			 resulting in total or partial functional disability or psychosocial impairment,
			 or both. Traumatic brain injury applies to open or closed head injuries
			 resulting in impairments in one or more areas, such as cognition; language;
			 memory; attention; reasoning; abstract thinking; judgment; problem-solving;
			 sensory, perceptual, and motor abilities; psychosocial behavior; physical
			 functions; information processing; and speech. Traumatic brain injury does not
			 apply to brain injuries that are congenital or degenerative, or brain injuries
			 induced by birth trauma. Students with brain injuries that are congenital or
			 degenerative, or brain injuries induced by birth trauma, are not eligible under
			 the category of traumatic brain injury but may be eligible under a different
			 category.
(a) For early intervention: The
			 impairments should currently affect or have the potential to significantly
			 affect an infant or toddler's developmental progress. The infant or toddler's
			 disability does not need to be presently affecting their development for the
			 infant or toddler to be eligible for early intervention services.
(b) For early childhood and school age
			 special education: The acquired injury to the brain must adversely affects a
			 child's developmental progress (age 3 to 5) or educational performance (age 5
			 to 21).
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2180 - Visual Impairment

Current through Register Vol. 63, No. 7, July 1, 2024
(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;
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2181 - Functional Behavioral Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 15 - SPECIAL EDUCATION › Section 581-015-2190 - Parent Participation - General

Current through Register Vol. 63, No. 7, July 1, 2024
(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.