Oregon Administrative Code

581-015-2755 Additional Parental Participation Requirements for IFSP and Placement Meetings — EI/ECSE Program (1) For a child under age three: (a) Contractors or subcontractors must schedule IFSP meetings in settings and at times that are convenient to families; (b) If neither pa…

581-015-2760 Surrogate Parents — EI/ECSE (1) Each contractor or subcontractor serving a child participating in EI or ECSE must ensure that the rights of the child are protected by appointing a surrogate parent not more than 30 days after a determination by the contractor or subco…

581-015-2765 Independent Education Evaluation — ECSE (1) Any parent of a preschool child with disabilities three years of age through the age of eligibility for public school may request an independent education evaluation at the expense of: (a) The school district if the parent …

581-015-2770 Confidentiality of Records for Preschool Children with Disabilities Contractors and subcontractors must follow the rules and procedures in OAR 581-015-2030 and 34 CFR 303.400 through 303.416 for confidentiality of records for preschool children with disabilities with…

581-015-2774 Referral Procedures and Early Intervention Screening Children must be referred to the lead agency for Child Find purposes as soon as possible, but in no case more than seven days after the child has been identified. (1) This applies to all referrals including infants…

581-015-2775 EI Evaluation (1) General. (a) A public agency must conduct an evaluation or reevaluation process in accordance with this rule before determining that a child qualifies for early intervention (EI) services, changing the child's eligibility, or terminating the child's…

581-015-2780 EI Eligibility (1) Upon completing the administration of tests and other evaluation materials, the designated referral and evaluation agency must determine, through a multidisciplinary team, whether a child is eligible for EI services by following the procedures in t…

581-015-2785 Provision of EI Services Before an Evaluation and Assessment Are Completed Early intervention services for an eligible child and the child's family may begin before the completion of the evaluation and assessment process described in OAR 581-015-2775 if the following…

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…

581-016-0520 Definitions The following definitions apply to OAR 581-016-0520 through 581-016-0560, unless the context indicates otherwise: (1) Board: The State Board of Education; (2) OSD: The Oregon School for the Deaf; (3) Superintendent: The State Superintendent of Public Inst…

581-016-0526 General Placement (1) It is the policy of the State Board of Education (Policy 8100) that any student with a hearing impairment shall be served whenever possible in the student's home community if appropriate. It is the intent that all local agencies having interest …

581-016-0536 Procedures for Referral and Placement (1) The resident school district or the regional program shall contact the director of OSD to request a multidisciplinary team meeting to determine placement. (2) The director or designee of OSD shall send the placement procedure…

581-016-0537 General Obligations OSD is subject to the rules contained in division 15 of this chapter including, but not limited to, the requirements for identifying and determining eligibility of students with handicapping conditions, development of IEPs, placement of students a…

581-016-0538 Resident School District Responsibility (1) When a student is placed at OSD the student's resident school district remains responsible for assuring that the student receives a free appropriate education in accordance with ORS 343.221, OAR 581-015-0005(20) and 581-015…

581-016-0541 Termination of Placement and Revocation of Consent (1) The student's placement at OSD shall be determined annually by the student's multidisciplinary team and shall be terminated when: (a) The student has completed the school year in which the student turns age 21; (…

581-016-0560 Placement Appeal Procedures — OSD A parent, guardian or surrogate may challenge the child's placement, denial of placement, or transfer in the manner provided in ORS 343.165 to 343.177. Statutory/Other Authority: ORS 346 Statutes/Other Implemented: ORS 346.015 Histor…

581-016-0700 Goals for Education To the extent appropriate, each student at the Oregon School for the Deaf shall have the opportunity to function as effectively as possible in six life roles as set forth in OAR 581-022-0201. Statutory/Other Authority: ORS 343 & 346 Statutes/Other…

581-016-0710 High School Requirements for Graduation In order for a student to graduate from the Oregon School for the Deaf (OSD), he/she must attain a certain number of units, master essential learning skills, meet competencies, and maintain/attain attendance minimums. Four diff…

581-016-0720 Essential Learning Skills The Oregon School for the Deaf shall offer a planned program of instruction which ensures the opportunity for students to obtain the essential learning skills identified in the common curriculum goals as set forth by the State Board of Educa…

581-016-0730 Career and Vocational Education The Oregon School for the Deaf shall provide a continuum of career and technical instructional program to include career awareness, career exploration, career guidance, job sampling, and work experience. Statutory/Other Authority: ORS …

581-016-0740 Special Provisions The Oregon School for the Deaf shall provide instruction which is uniquely designed for the hearing impaired and for accompanying handicaps such as vision impairment, autism, intellectual disability, orthopedic impairment, learning disability, emot…

581-016-0750 Curriculum (1) The Oregon School for the Deaf (OSD) instructional program shall instruct all students in grades K/1–8 in the areas of art, health education, language arts (including reading and writing), mathematics, physical education, science, and social science (i…

581-016-0760 Required Days of Instruction The Oregon School for the Deaf shall provide a program of instructional hours or days equivalent to the requirements for public schools as set forth in OAR chapter 22. Statutory/Other Authority: ORS 343 & 346 Statutes/Other Implemented: O…