Chapter 581-015

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 disagreem…

581-015-2790 ECSE Evaluation (1) General. A public agency must conduct an evaluation or reevaluation process in accordance with this rule before: (a) Determining that a child is a child with a disability under OAR 581-015-2795; or (b) Determining that a child continues to have a …

581-015-2795 ECSE Eligibility (1) Upon completing the administration of tests and other evaluation materials, the designated referral and evaluation agency must determine, through a team, whether a child is eligible for ECSE services by following the procedures in this rule. (2) …

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 …

581-015-2805 EI and ECSE Transition (1) The lead agency will describe in a written document how it will meet the transition requirements set forth in 34 CFR 303.29. (2) Transition from EI to ECSE or other services: (a) Before a child reaches the age of eligibility for ECSE, the s…

581-015-2810 IFSP Meeting Procedures and Timelines (1) Contractors or subcontractors must conduct a meeting to develop an initial IFSP within: (a) Forty-five calendar days from the date the child is referred to and determined eligible for EI services; and (b) Thirty calendar days…

581-015-2815 IFSP Content (1) Contractors or subcontractors must use IFSP forms and directions published by the Oregon Department of Education. (2) Oregon Department of Education IFSP forms combine the content requirements for IEPs under Part B of IDEA, IFSPs under Part C of IDEA…

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 th…

581-015-2825 Participants for IFSP Team Meetings and Reviews (1) Each initial and annual IFSP meeting must include the following participants: (a) The child's parent or parents; (b) The child's EI or ECSE specialist and, as appropriate, persons who will be providing services to t…

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 agree…

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 withou…

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 th…

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 mea…

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 t…

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 on…

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…

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 matter…

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 hear…

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 …

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 3…

581-015-2890 Preschool Children with Disabilities Covered by Private Insurance (1) With regard to services required to provide FAPE to a preschool child or EI services to a child under the age of three, a contractor or subcontractor may access a parent's private insurance proceed…

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 i…

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…

581-015-2905 Authorization of Early Childhood Specialist (1) This rule establishes an alternative to Teacher Standards and Practices Commission (TSPC) licensure or endorsements for individuals to serve as Early Childhood Specialists for Programs. Individuals with TSPC issued endo…

581-015-2910 Authorization of Early Childhood Supervisor (1) This rule establishes an alternative to a Teacher Standards and Practices Commission (TSPC) administrative license for individuals to serve as Early Childhood Supervisors for Programs. Individuals with a TSPC issued adm…

581-015-2930 Employment-Related Transition Services (1) This rule establishes the policies of Executive Order No. 15-01, related to the Department of Education’s involvement with integrated employment services. (2) For purposes of this rule, the following definitions apply: (a) “…

581-015-2940 Corrections Education Program Funding Formula (1) The Department of Education shall administer the Youth Corrections Education Program and the Juvenile Detention Education Program in a manner that provides youths in those programs with a quality education. (2)(a) The…