Chapter 581-015

581-015-2000 Definitions 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) "Assistiv…

581-015-2005 Criteria for Approving School District Special Education Programs (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 r…

581-015-2010 Census and Data Reporting (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 s…

581-015-2015 General Supervision (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 effe…

581-015-2020 Recovery of Funds for Misclassified Children (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…

581-015-2025 Advanced Payment to School Districts for Special Education Programs (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 Superin…

581-015-2030 Procedures for Complaints as Required by IDEA Regulations (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…

581-015-2035 Minimum Standards for Sign Language Interpreters Serving Students in Public Schools (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 Transliter…

581-015-2040 Free Appropriate Public Education (FAPE) and Age Ranges (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, O…

581-015-2045 Age Limitations and Exceptions to FAPE (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 …

581-015-2050 Graduation (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 terminati…

581-015-2055 Assistive Technology (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 supplementar…

581-015-2060 Accessible Materials (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 ac…

581-015-2065 Extended School Year Services (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 ch…

581-015-2070 Nonacademic Services (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 affor…

581-015-2075 Charter Schools (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 …

581-015-2080 Child Find (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, chapt…

581-015-2085 Child Find for Children Attending Private Schools (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 boundar…

581-015-2090 Consent (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 t…

581-015-2095 Exceptions to Consent (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 administ…

581-015-2100 Responsibility for Evaluation and Eligibility Determination (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 e…

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…

581-015-2110 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 …

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 o…

581-015-2120 Determination of Eligibility (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.…

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 fro…

581-015-2127 Developmental Delay (1) Definition of “Developmental Delay”. “Developmental Delay” means, (a) For early intervention, 2 standard deviations or more below the mean in one or more of the developmental areas or 1.5 standard deviations below the mean in two or more of th…

581-015-2130 Autism Spectrum Disorder (1) Definition of “Autism Spectrum Disorder”: For early intervention, early childhood special education, and school age special education, “Autism Spectrum Disorder” means a developmental disability that includes persistent deficits in social…

581-015-2135 Speech or Language Impairment (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 developmen…

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 communicatio…

581-015-2145 Emotional Behavior Disability (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…

581-015-2150 Deaf or Hard of Hearing (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…

581-015-2155 Intellectual Disability (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…

581-015-2160 Orthopedic Impairment (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…

581-015-2165 Other Health Impairment (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…

581-015-2170 Specific Learning Disability (1) Definition of “Specific Learning Disability”: For early childhood and school age special education, “Specific Learning Disability” means a disorder in one or more of the basic psychological processes involved in understanding or in us…

581-015-2175 Traumatic Brain Injury (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, resultin…

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 …

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…

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 pub…

581-015-2195 Additional Parent Participation Requirements for IEP and Placement Meetings (1) Parent Participation: School districts must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP or placement meeting or are afforded …

581-015-2200 Content of IEP (1) The individualized education program (IEP) must include: (a) A statement of the child's present levels of academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the gene…

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 initi…

581-015-2210 IEP Team (1) School districts must ensure that the IEP Team for each child with a disability includes the following participants: (a) One or both of the child's parents, except as provided in OAR 581-015-2195; (b) The child where appropriate; (c) At least one regular…

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, revi…

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 servic…

581-015-2225 Review and Revision of IEPs (1) Annual review: Each school district must ensure that the IEP Team reviews the child’s IEP periodically, but at least once every 365 days, to: (a) Determine whether the annual goals for the child are being achieved; and (b) Revise the I…

581-015-2229 Individualized COVID-19 Recovery Services (1) For the purposes of this rule, eligible students are defined as those students aged 3-21 who are eligible for and receive special education services under the Individuals with Disabilities Education Act. (2) For the purpo…

581-015-2230 Transfer Students (1) In state: If a child with a disability (who had an IEP that was in effect in a previous school district in Oregon) transfers to a new district in Oregon, and enrolls in a new school within the same school year, the new school district (in consul…

581-015-2235 School District and Participating Agency Responsibilities for Transition Services (1) If a participating agency, other than the school district, fails to provide agreed-upon transition services described in the IEP of a student with a disability, the school district …