Loading
 

 

Oregon Bulletin

May 1, 2012

Oregon Department of Education, Chapter 581

Rule Caption: State Board of Education Notice of Proposed Rule.

Adm. Order No.: ODE 9-2012

Filed with Sec. of State: 3-30-2012

Certified to be Effective: 4-2-12

Notice Publication Date: 1-1-2012

Rules Amended: 581-001-0000

Subject: Updates method of notice of proposed rule to include electronic mailing.

 Specifies notice procedure of rules relating to the implementation of the federal IDEA to ensure that Oregon is in compliance with federal law.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-001-0000

Notice of Proposed Rule

(1) Before permanently adopting, amending or repealing any rule, the State Board of Education shall give notice of the proposed adoption, amendment or repeal:

(a) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule to be adopted;

(b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the State Board of Education’s mailing list established pursuant to ORS 183.335(8);

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective day of the rule;

(d) By mailing or e-mailing a copy of the notice to the following persons, organizations or publications:

(A) Associated Press;

(B) Oregon Education Investment Board;

(C) Chancellor’s Office, Oregon University System;

(D) Community Colleges and Workforce Development Department;

(E) Teacher Standards and Practices Commission;

(F) Early Learning Council;

(G) School districts, education service districts and public charter schools;

(H) Confederation of Oregon School Administrators;

(I)Oregon Community College Association;

(J) Oregon Education Association;

(K) Oregon Federation of Teachers;

(L) Oregon School Boards Association;

(M) Oregon School Employees Association;

(N) Oregon Association of Education Service Districts;

(O) Chalkboard Project;

(P) Stand for Children;

(Q) Disability Rights Oregon;

(R) Other established educational, student and parent organizations that have submitted mailing or e-mailing addresses; and

(S) Capitol Press Room

(3) Persons who wish to be placed on the State Board of Education’s mailing or e-mailing list may request in writing or by e-mailing that the Department of Education send to the person copies of its notice of proposed rulemaking.

(4) The Department may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Department sends the request, the Department will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent.

(5) Prior to any adoption, amendment or repeal of a rule (including policies and procedures) related to the implementation of the Individuals with Disabilities Education Act (IDEA) the Department shall:

(a) Provide notice to the mailing and e-mailing groups maintained under this rule at least 30 days prior to the effective date of the rule;

(b) Provide any notice necessary to ensure that persons and institutions affected by the rule have a reasonable opportunity to provide public comments;

(c) Conduct a public hearing on the rule and provide notice of the public hearing at least 30 days prior to the date of the hearing; and

(d) Review and consider all public comments received during the public hearing or during the public comment period.

Stat. Auth.: ORS 183.335 & 183.341(4)
Stats. Implemented: ORS 183.335
Hist.: 1EB 206, f. 12-5-75, ef. 12-26-75; Renumbered from 581-061-0040, 4-1-76; 1EB 8-1980, f. & ef. 4-17-80; 1EB 15-1984, f. & ef. 9-27-84; EB 11-1994, f. & cert. ef. 10-3-94; ODE 9-2012, f. 3-30-12, cert. ef. 4-2-12


 

Rule Caption: Specifies rulemaking relating to children with disabilities is done pursuant to federal IDEA.

Adm. Order No.: ODE 10-2012

Filed with Sec. of State: 3-30-2012

Certified to be Effective: 4-2-12

Notice Publication Date: 1-1-2012

Rules Amended: 581-001-0005

Subject: Specifies that rulemaking relating to children with disabilities is done is accordance with federal IDEA. Updates federal law references.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-001-0005

Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the State Board of Education adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedure Act in effect on January 1, 2012, except for special education due process hearings authorized under ORS 343.165, special education complaint investigations under ORS 343.041(3), and rulemaking relating to the implementation of Individuals with Disabilities Act, which shall be heard in accordance with rules of the State Board of Education implementing the federal law, Individuals with Disabilities Education Act, in effect as of January 1. 2012

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Department of Education.]

Stat. Auth.: ORS 183
Stats. Implemented: ORS 183.341
Hist.: 1EB 2, f. 12-22-58; 1EB 125, f. 11-4-71, ef. 11-15-71; 1EB 160, f. 11-2-73, ef. 11-25-73; Renumbered from 581-061-0035, 4-1-76; 1EB 222, f. 3-22-76, ef. 4-1-76; 1EB 14-1978, f. & ef. 4-3-78; 1EB 7-1980, f. & ef. 4-17-80; 1EB 20-1981(Temp), f. 12-29-81, ef. 12-31-81; 1EB 11-1982, f. & ef. 3-24-82; 1EB 2-1984, f. 2-17-84, ef. 5-8-84; 1EB 22-1986, f. & ef. 7-14-86; EB 2-1995, f. & cert. ef. 1-24-95; ODE 2-2006(Temp), f. & cert. ef. 2-14-06 thru 8-1-06; Administrative correction 8-22-06; ODE 4-2007, f. & cert. ef. 2-21-07; ODE 6-2011, f. & cert. ef. 4-22-11; ODE 10-2012, f. 3-30-12, cert. ef. 4-2-12


 

Rule Caption: Career and Technical Education Revitalization Grant Program – implementation of HB 3362 (2011).

Adm. Order No.: ODE 11-2012

Filed with Sec. of State: 3-30-2012

Certified to be Effective: 4-2-12

Notice Publication Date: 1-1-2012

Rules Adopted: 581-044-0210, 581-044-0220, 581-044-0230, 581-044-0240, 581-044-0250, 581-044-0260

Subject: The CTE Revitalization Grant was created and funded during the 2011 Regular Session of the Oregon Legislature as part of HB 3362. The legislation requires that the Oregon Department of Education (ODE) administer the grant program in collaboration with the Bureau of Labor and Industries (BOLI). Funds in the amount of $2,000,000.00 were allocated for the 2011-2013 biennium. The funds are designated for competitive grants to public schools, school districts, education service districts, charter schools, or any combination of those institutions. The purpose of the grant is to:

 (1) Develop or enhance career and technical education programs of study.

 (2) Expand professional growth of and career opportunities for students through CTE programs.

 (3) Assess the ability of CTE programs to meet workforce needs and give students skills required for jobs in Oregon that provide high wages and are in high demand.

 (4) Support the achievement of the high school diploma requirements.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-044-0210

Definitions

The following definitions apply to OAR 581-044-0210 to 581-044-0260.

(1) “Diverse number of students” refers to a range of school sizes based on student enrollment.

(2) “High demand”, as defined by the Oregon Employment Department, means having more than the median number of total (growth plus replacement) openings for statewide or a particular region.

(3) “High wage”, as defined by the Oregon Employment Department, is a wage that is more than the all-industry, all-ownership median wage for statewide or a particular region.

(4) “Metropolitan County” is a county classified as Metropolitan by the U.S. Office of Management and Budget (OMB).

(5) “Reasonable geographic distribution” means that at least one-third of the funded proposals shall serve schools within a Metropolitan County, and at least one-third shall serve schools outside of a Metropolitan County.

(6) “The Act” refers to section 7, chapter 683, Oregon Laws 2011 (Enrolled House Bill 3362).

Stat. Auth.: 2011 OL Ch. 683 Sec. 7
Stats. Implemented: 2011 OL Ch. 683 Sec. 7
Hist.: ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12; ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12

581-044-0220

Policy

A Career and Technical Education Revitalization Grant Program has been established to encourage the following:

(1) Enhance collaboration between education providers and employers.

(2) Develop or enhance career and technical education programs of study.

(3) Expand the professional growth of and career opportunities for students through career and technical education programs.

(4) Assess the ability of each career and technical education program to meet workforce needs and give students the skills required for jobs in Oregon that provide high wages and are in high demand.

(5) Support the achievement of the Oregon high school diploma requirements.

(6) Support programs of study that are part of a continuum across the educational enterprise.

Stat. Auth.: 2011 OL Ch. 683 Sec. 7
Stats. Implemented: 2011 OL Ch. 683 Sec. 7
Hist.: ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12; ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12

581-044-0230

Eligibility

(1) The following shall be the eligible applicant(s) for the Career and Technical Education Revitalization Grant Program:

(a) School districts;

(b) Education service districts;

(c) Public schools; and

(d) Public charter schools.

(2) A single grant proposal may include more than one eligible applicant and other partners, but the fiscal agent must be one of the eligible applicants identified in subsection (1) of this rule.

Stat. Auth.: 2011 OL Ch. 683 Sec. 7
Stats. Implemented: 2011 OL Ch. 683 Sec. 7
Hist.: ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12; ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12

581-044-0240

Criteria for Grant Awards

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted each biennium for which Career and Technical Education Revitalization Grant funds are available. The Department shall notify eligible applicants of the proposal process and due dates, and make available necessary guidelines and application forms.

(2) All proposals must comply with requirements of the Act. Grants shall be awarded based on the following generally applicable criteria:

(a) The program shall focus on development and/or enhancement of a program of study in career and technical education;

(b) The program supports Oregon high school diploma requirements;

(c) There is a clear connection between the proposal and the workforce for the program of study based on high wages and high demand;

(d) The program shall serve to increase enrollment in programs of study which provide skills for employment in high-demand careers leading to high wages;

(e) The program demonstrates potential to teach a higher-level of academic and technical skills to all students, thereby increasing the knowledge and improving the skills of Oregon’s workforce, and meeting established or developing industry standards;

(f) The business industry and/or labor communities are actively involved in program development and implementation in a manner that strengthens the development and continued viability of the program of study;

(g) There is evidence that the program of study implemented or improved shall be sustained beyond the life of the grant;

(h) There are provisions for follow up of students/staff, evaluation of program results, and reporting of program results.

(3) Priority shall be given to proposals that meet the minimum criteria and:

(a) Support new or expanded CTE programs;

(b) Demonstrate long-term viability;

(c) Demonstrate commitments from business, industry, labor or education providers to enhance collaboration;

(d) Demonstrate a diverse number of students served;

(e) Contribute to a reasonable geographic distribution of grant moneys; and

(f) Create regional collaborations between partners which may include multiple public schools or other partners in a region.

Stat. Auth.: 2011 OL Ch. 683 Sec. 7
Stats. Implemented: 2011 OL Ch. 683 Sec. 7
Hist.: ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12; ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12

581-044-0250

Proposal Review Committee

(1) The Oregon Department of Education and the Bureau of Labor and Industries shall jointly convene a Proposal Review Committee to review grant applications and recommend determinations on those applications.

(2) The Proposal Review Committee shall have representatives from business, industry, labor, and education providers. The Department and Bureau shall seek recommendations for membership on the committee from:

(a) Organizations who represent business, industry and labor; and

(b) Education providers including but not limited to the Department of Community Colleges and Workforce Development, community colleges, school districts and other public and private education providers.

(3) A member of the Proposal Review Committee may not review a grant for which they have a declared conflict of interest.

(4) The Proposal Review Committee shall receive training on the purpose of the Career and Technical Education Revitalization Grant program and RFP scoring procedures prior to scoring any proposals.

Stat. Auth.: 2011 OL Ch. 683 Sec. 7
Stats. Implemented: 2011 OL Ch. 683 Sec. 7
Hist.: ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12; ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12

581-044-0260

Method of Awarding Competitive Grants

(1) Funding awards for Career and Technical Education Revitalization projects shall be approved by the Oregon Department of Education designated project manager, fiscal manager, and the Superintendent of Public Instruction.

(2) The Oregon Department of Education shall design a Request for Proposal (RFP) and scoring sheets that reflect requirements of state law and criteria stated in OAR 581-044-0240.

(3) Mailing requirements and deadlines shall be included in the RFP.

(4) Each proposal shall be scored by a minimum of two reviewers who are members of the Proposal Review Committee. Where possible each proposal shall be scored by at least one reviewer representing business, industry, or labor and one reviewer representing education providers.

(5) The Proposal Review Committee shall make recommendations for funding based on the review of proposals and the intent of the Act.

(6) In the event that there are insufficient proposals that meet the requirements of the Act and ensure a reasonable geographic distribution, the Proposal Review Committee may recommend an alternative approach to determining reasonable geographic distribution.

(7) The Oregon Department of Education shall notify both successful and unsuccessful applicants. Both successful and unsuccessful applicants shall be allowed access to a summary of comments and suggestions related to their proposals.

(8) Applicants shall have one week from the date of the notification letter to appeal the funding decision related to their application to the Superintendent of Public Instruction. Decisions made by the Superintendent are final.

(9) Grant recipients may request minor changes in funded proposals from the Department of Education. Requests for changes and approved changes shall be kept as part of the grant file.

Stat. Auth.: 2011 OL Ch. 683 Sec. 7
Stats. Implemented: 2011 OL Ch. 683 Sec. 7
Hist.: ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12; ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12


 

Rule Caption: Student physical restraint and seclusion requirements for public education programs.

Adm. Order No.: ODE 12-2012

Filed with Sec. of State: 3-30-2012

Certified to be Effective: 5-1-12

Notice Publication Date: 1-1-2012

Rules Adopted: 581-021-0550, 581-021-0553, 581-021-0556, 581-021-0559, 581-021-0563, 581-021-0566

Subject: HB 2939 was enacted in 2011. To implement this legislation, the state board drafted 6 new rules to replace this existing rule which is being repealed. These new rules relate to physical restraint and seclusion in public education programs and implement HB 2939 enacted by the 2011 Legislature. The rules:

 (1) Specify when restraint methods may be used and what types of restraint may be used on students.

 (2) Procedures regarding restraint and seclusion.

 (3) Reporting requirements for public education programs.

 (4) Approval of training programs on restraint and seclusion.

 (5) Use of training programs by public education programs.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-021-0550

Definitions

As used in OAR 581-021-0550 to 581-021-0566:

(1) ‘Chemical restraint’ means a drug or medication that is used on a student to control behavior or restrict freedom of movement and that is not:

(a) Prescribed by a licensed physician or other qualified health professional acting under the professional’s scope of practice for standard treatment of the student’s medical or psychiatric condition;

(b) Administered as prescribed by a licensed physician or other qualified health professional acting under the professional’s scope of practice.

(2) ‘Mechanical restraint’ means a device used to restrict the movement of a student or the movement or normal function of a portion of the body of a student. ‘Mechanical restraint’ does not include:

(a) A protective or stabilizing device ordered by a licensed physician; or

(b) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle.

(3) ‘Physical restraint’ means the restriction of a student’s movement by one or more persons holding the student or applying physical pressure upon the student.

(a) ‘Physical restraint’ does not include the touching or holding of a student without the use of force for the purpose of directing the student or assisting the student in completing a task or activity;

(b) ‘Physical restraint does not include prone restraint as defined in Section 2, chapter 665, Oregon Laws 2011 (Enrolled House Bill 2939).

(4) ‘Prone restraint’ means a restraint in which a student is held face down on the floor.

(5) ‘Public education program’ means a program that:

(a) Is for students in early childhood education, elementary school or secondary school;

(b) Is under the jurisdiction of a school district, an education service district or another educational institution or program; and

(c) Receives, or serves students who receive, support in any form from any program supported, directly or indirectly, with funds appropriated to the Department of Education.

(6) ‘Seclusion’ means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving. ‘Seclusion’ does not include:

(a) The removal of a student for a short period of time to provide the student with an opportunity to regain self-control if the student is in a setting from which the student is not physically prevented from leaving.

(7) ‘Serious bodily injury’ means any significant impairment of the physical condition of a person, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.

Stat. Auth.: ORS. 326.051
Stats. Implemented: Ch. 665, OL 2011 (Enrolled House Bill 2939)
Hist.: ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

581-021-0553

Use of Physical Restraint and Seclusion in Public Education Programs

(1) The use of a chemical restraint, mechanical restraint or prone restraint on a student in a public education program in this state is prohibited.

(2) The use of physical restraint or seclusion on a student in a public education program in this state is prohibited unless used as provided in Section 3, chapter 665, Oregon Laws 2011 (Enrolled House Bill 2939), which includes the following:

(a) Physical restraint or seclusion may be used on a student in a public education program only if:

(A) The student’s behavior imposes a reasonable threat of imminent, serious bodily injury to the student or others; and,

(B) Less restrictive interventions would not be effective.

(b) Physical restraint or seclusion may not be used for discipline, punishment or convenience of personnel of the public education program.

(c) If physical restraint or seclusion is used on a student, the physical restraint or seclusion must be:

(A) Used only for as long as the student’s behavior poses a reasonable threat of imminent, serious bodily injury to the student or others;

(B) Imposed by personnel of the public education program who are:

(i) Trained to use physical restraint or seclusion through programs approved by the Department of Education under OAR 581-021-0563; or

(ii) Otherwise available in the case of an emergency circumstance when trained personnel are not immediately available due to the unforeseeable nature of the emergency circumstance;

(C) Continuously monitored by personnel of the public education program for the duration of the physical restraint or seclusion.

(3) If physical restraint or seclusion continues for more than 30 minutes:

(a) The student must be provided with adequate access to the bathroom and water every 30 minutes;

(b) Personnel of the public education program must immediately attempt to verbally or electronically notify a parent or guardian of the student; and,

(c) Every 15 minutes after the first 30 minutes of the physical restraint or seclusion, an administrator for the public education program must provide written authorization for the continuation of the physical restraint or seclusion, including providing documentation for the reason the physical restraint or seclusion must be continued.

Stat. Auth.: ORS. 326.051
Stats. Implemented: Ch. 665, OL 2011 (Enrolled House Bill 2939)
Hist.: ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

581-021-0556

Program’s Procedures Regarding Physical Restraint & Seclusion

(1) Each entity that has jurisdiction over a public education program must establish procedures for the public education program to follow after an incident involving the use of physical restraint or seclusion.

(2) Following an incident involving the use of physical restraint or seclusion, the following must be provided to a parent or guardian of the student:

(a) Verbal or electronic notification of the incident by the end of the school day when the incident occurred;

(b) Written documentation of the incident within 24 hours of the incident that provides a description of the physical restraint or seclusion including:

(A) The date of the physical restraint or seclusion;

(B) The times when the physical restraint or seclusion began and ended;

(C) The location of the physical restraint or seclusion;

(D) A description of the student’s activity that prompted the use of physical restraint or seclusion;

(E) The efforts used to de-escalate the situation and the alternatives to physical restraint or seclusion that were attempted;

(F) The names of the personnel of the public education program who administered the physical restraint or seclusion;

(G) A description of the training status of the personnel of the public education program who administered the physical restraint or seclusion, including any information that may need to be provided to the parent or guardian; and,

(H) Timely notification of a debriefing meeting to be held and of the parent’s or guardian’s right to attend the meeting.

(3) If the personnel of the public education program who administered the physical restraint or seclusion had not received training from a program approved by the Department of Education, as required and in accordance with OAR 581-021-0563, the administrator of the public education program shall ensure that a parent or guardian of the student and the district superintendent receive written notification of:

(a) The lack of training; and

(b) The reason the physical restraint or seclusion was administered by a person without training.

(4) A debriefing meeting related to the use of physical restraint or seclusion must be held within two school days of the incident and must include all personnel of the public education program who were involved in the incident and any other appropriate personnel.

(a) Written notes must be taken of the debriefing meeting, and a copy of the written notes must be provided to a parent or guardian of the student.

(5) If a student is involved in five incidents in a school year involving physical restraint or seclusion, a team consisting of personnel of the public education program and a parent or guardian of the student must be formed for the purposes of reviewing and revising the student’s behavior plan and ensuring the provision of any necessary behavioral supports.

(6) If serious bodily injury or death of a student occurs in relation to the use of physical restraint or seclusion, written notification of the incident must be provided by the public education providers within 24 hours of the incident to the Department of Human Services.

(7) If serious bodily injury or death of personnel of the public education program occurs in relation to the use of physical restraint or seclusion, written notification of the incident must be provided within 24 hours of the incident to the district superintendent and, if applicable, to the union representative for the affected party.

(8) Each public education program must maintain a record of each incident in which injuries or death occurs in relation to the use of physical restraint or seclusion.

(9) As indicated, per ORS 161.205 and 339.250, an individual who is a teacher, administrator, school employee or school volunteer may use reasonable physical force upon a student when and to the extent the application of force is consistent with Section 3, chapter 665, Oregon Laws 2011 (Enrolled House Bill 2939) and OAR 581-021-0553.

(10) The district school board shall adopt written policies to implement Physical Restraint & Seclusion procedures consistent with and as indicated in chapter 665, Oregon Laws 2011 (Enrolled House Bill 2939), ORS 339.250 and OARs 581-021-0550 to 581-021-0566, and shall inform teachers, administrators, school employees and school volunteers.

Stat. Auth.: ORS. 326.051
Stats. Implemented: Ch. 665, OL 2011 (Enrolled House Bill 2939)
Hist.: ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

581-021-0559

Reporting Requirements for the Use of Physical Restraint & Seclusion

(1) Each entity that has jurisdiction over a public education program must prepare an annual report detailing the use of physical restraint and seclusion for the preceding school year, including, at a minimum:

(a) The total number of incidents involving physical restraint;

(b) The total number of incidents involving seclusion;

(c) The total number of seclusions in a locked room;

(d) The total number of students placed in physical restraint;

(e) The total number of students placed in seclusion;

(f) The total number of incidents that resulted in injuries or death to students or personnel as a result of the use of physical restraint or seclusion;

(g) The number of students who were placed in physical restraint or seclusion more than 10 times in the course of a school year and an explanation of what steps have been taken by the public education program to decrease the use of physical restraint and seclusion for each student;

(h) The number of incidents in which the personnel of the public education program administering physical restraint or seclusion were not trained; and

(i) The demographic characteristics of all students upon whom physical restraint or seclusion was imposed, including race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual student.

(2) Each entity that has jurisdiction over a public education program shall make its annual report about physical restraint and seclusion available to:

(a) The public at the entity’s main office and the website of the entity; and

(b) The school board or governing body overseeing the entity;

(c) If the entity is an education service district, the component school districts of the education service district;

(d) If the entity is a public charter school, the sponsor of the public charter school;

(e) Parents and guardians of students in a public education program, who shall be advised at least once each school year about how to access the report.

Stat. Auth.: ORS. 326.051
Stats. Implemented: Ch. 665, OL 2011 (Enrolled House Bill 2939)
Hist.: ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

581-021-0563

Approval of Physical Restraint and Seclusion Training Programs for School Staff

(1) The Department of Education shall approve training programs in physical restraint and seclusion that:

(a) Teach evidence-based techniques that are shown to be effective in the prevention and safe use of physical restraint or seclusion;

(b) Provide evidence-based skills training related to positive behavior support, conflict prevention, de-escalation and crisis response techniques; and

(c) Are consistent with the philosophies, practices and techniques for physical restraint and seclusion that are established by rule or policy of the Department of Human Services.

(2) A training program seeking approval must submit in writing to the Oregon Department of Education that meets the expectations subsection (1) of this rule.

(3) Training programs approved remain in effect unless significant changes are made to the program.

(a) If significant changes are made, the training program must be re-submitted for approval.

(4) The ODE must remove training programs from the approved list if they no longer meets the requirements specified in subsection (1) of this rule, or if they are found by the Oregon Department of Education to have violated any other laws.

Stat. Auth.: ORS. 326.051
Stats. Implemented: Ch. 665, OL 2011 (Enrolled House Bill 2939)
Hist.: ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

581-021-0566

Required Use of Approved Restraint and Seclusion Programs

On or after July 1, 2012, a Public Education Program may only use training programs on physical restraint and seclusion that are approved by the Department of Education under OAR 581-021-0563. The Department of Education shall make the approved training list available to all Public Education Programs.

Stat. Auth.: ORS. 326.051
Stats. Implemented: Ch. 665, OL 2011 (Enrolled House Bill 2939)
Hist.: ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12


 

Rule Caption: Clarifies that both federal FERPA and IDEA apply to education records of children with disabilities.

Adm. Order No.: ODE 13-2012(Temp)

Filed with Sec. of State: 3-30-2012

Certified to be Effective: 4-2-12 thru 9-1-12

Notice Publication Date:

Rules Amended: 581-015-2300, 581-015-2770

Subject: Rules clarify that both federal FERPA and IDEA apply to children with disabilities, birth to age 21. Timelines for parental access to these records differ by age of the child.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-015-2300

Access to Student Education Records

(1) For purposes of ensuring the safeguards required for education records of children with disabilities, including early intervention and early childhood special education records, the Department adopts by reference the provisions of FERPA, 34 CFR 99.1 to 99.38, the IDEA, 34 CFR 300.610 to 34.300.627 and 34 CFR 303.401 through 303.416.

(a) For children with disabilities under age three, references to a “student” in these rules means an infant or toddler with a disability.

(b) For children with disabilities under age three, “student records” means early intervention records.

(2) The program, district, agency, or contractor must comply with a parent’s request to inspect and review records without unnecessary delay and within the following timelines:

(a) For children under age three, before any meeting regarding an IFSP, or any hearing pursuant to 303.430(d) and 303.435 through 303.439, and in no case more than 10 days after the request has been made.

(b) For children over the age of three, before any meeting regarding an IEP/IFSP, or any due process hearing pursuant to 34 CFR 300.507, or resolution session pursuant to 34 CFR 300.510, related to a due process hearing, and in no case more than 45 days after the request has been made.

(3) School districts, and EI/ECSE programs and contractors, must give parents of children with disabilities an opportunity to examine all student education records in accordance with OAR 581-015-2300 as noted above.

Stat. Auth.: ORS 343.041, 343.155
Stats. Implemented: ORS 343.155, 343.173, 34 CFR 300.501, 34 CFR 300.610-627, 34 CFR 303.400-303.416, 34 CFR 300.510, 34 CFR 300.507, 34 CFR 300.530

Hist: ODE 4-2000, f. & cert. ef. 2-1-00; ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03; Renumbered from 581-015-0606, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 13-2012(Temp), f. 3-30-12, cert. ef. 4-2-12 thru 9-1-12

581-015-2770

Confidentiality of Records for Preschool Children with Disabilities

Contractors and subcontractors must follow the rules and procedures in OAR 581-015-2300 and 34 CFR 303.400 through 303.420 for confidentiality of records for preschool children with disabilities with the following exception: “School district” means contractors or subcontractors.

Stat. Auth.: ORS 343.475, 343.485
Stats. Implemented: ORS 343.485
Hist.: EB 23-1992, f. & cert. ef. 6-23-92; ODE 24-2000, f. & cert. ef. 10-16-00; Renumbered from 581-015-1010, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 13-2012(Temp), f. 3-30-12, cert. ef. 4-2-12 thru 9-1-12


 

Rule Caption: Rule Amendments and Adoptions relating to the Implementation of Federal IDEA, parts B & C.

Adm. Order No.: ODE 14-2012

Filed with Sec. of State: 3-30-2012

Certified to be Effective: 4-2-12

Notice Publication Date: 12-1-2011

Rules Adopted: 581-015-2712, 581-015-2713, 581-015-2774, 581-015-2863

Rules Amended: 581-015-2000, 581-015-2080, 581-015-2700, 581-015-2730, 581-015-2775, 581-015-2780, 581-015-2790, 581-015-2805, 581-015-2810, 581-015-2815, 581-015-2825, 581-015-2830, 581-015-2835, 581-015-2840, 581-015-2870, 581-015-2885, 581-015-2890, 581-021-0220, 581-021-0270

Subject: Federal regulations relating to the Individual with Disabilities Act (IDEA), Part B and C were revised. These rule changes are needed to ensure the Oregon remains in compliance with federal law and continues to receive federal funding relating to the IDEA.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-015-2000

Definitions

The definitions below apply to OARs 581-015-2000–2999, 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.

(4) “Children with disabilities” or “students with disabilities” means children or students who require special education because of: autism; communication disorders; deafblindness; emotional disturbances; hearing impairments, including deafness; intellectual disability; orthopedic impairments; other health impairments; specific learning disabilities; traumatic brain injuries; or visual impairments, including blindness.

(a) “Autism” means a developmental disability significantly affecting verbal and nonverbal communication and social interaction that adversely affects a child’s educational performance. Other characteristics that may be associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Essential features are typically but not necessarily manifested before age three. Autism may include autism spectrum disorders such as but not limited to autistic disorder, pervasive developmental disorder, not otherwise specified, and Asperger’s syndrome. The term does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance. However, a child who qualifies for special education under the category of autism may also have an emotional disturbance as a secondary disability if the child meets the criteria under emotional disturbance.

(b) “Communication Disorder” 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.

(c) “Deafblindness” means having both hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that the child cannot be accommodated in special education programs designed solely for students having hearing or visual impairments

(d) “Emotional Disturbance” 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 disturbance.

(e) “Hearing Impairment” means a hearing condition, whether permanent or fluctuating, that adversely affects a child’s educational performance. The term includes those children who are hard of hearing or deaf.

(f) “Intellectual Disability” means significantly sub average 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.

(g) “Orthopedic Impairment” means a motor disability that adversely affects the child’s educational performance. The term includes impairments caused by an anomaly, disease or other conditions (e.g., cerebral palsy, spinal bifida, muscular dystrophy or traumatic injury).

(h) “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.

(i) “Specific Learning Disability” means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations. Specific learning disability includes conditions such as perceptual disabilities, brain injury, dyslexia, minimal brain dysfunction, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, intellectual disability, emotional disturbance, or environmental, cultural, or economic disadvantage.

(j) “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, that adversely affects a child’s educational performance. The term includes open or closed head injuries resulting in impairments in one or more areas, including cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.

(k) “Visual Impairment” means a visual impairment that, even with correction, adversely affects a child’s educational performance. The term includes those children who are partially sighted or blind.

(5) “Consent” means that:

(a) The parent or adult student has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language or other mode of communication;

(b) The parent or adult student understands and agrees in writing to the carrying out of the activity for which consent is sought; and the consent describes that activity and lists any records that will be released and to whom; and

(c) The parent or adult student understands that the granting of consent is voluntary and may be revoked at any time in accordance with OAR 581-015-2090(4) or 581-015-2735.

(6) “Day” means calendar day unless otherwise indicated as:

(a) “Business day,” which means Mondays through Fridays, other than holidays; or as

(b) “School day,” which means any day, including partial days that children are in attendance at school for instructional purposes. The term “school day” has the same meaning for all children in school, including those with and without disabilities.

(7) “Department” means the Oregon Department of Education.

(8) “EI/ECSE” means early intervention/early childhood special education and refers to services or programs for preschool children with disabilities.

(9) “Elementary or secondary school or facility” means a school or facility with any combination of grades K through 12.

(10) “Evaluation” means procedures used to determine whether the child has a disability, and the nature and extent of the special education and related services that the child needs.

(11) “General education curriculum” means the same curriculum as for children without disabilities (children without disabilities). For preschool children wqith disabilities, the term means age-appropriate activities.

(12) “Health assessment statement” means a written statement issued by a nurse practitioner licensed by a State Board of Nursing specially certified as a nurse practitioner, or by a physician assistant licensed by a State Board of Medical Examiners. Both a nurse practitioner and a physician assistant must be practicing within his or her area of specialty.

(13) “Homeless children” (or “homeless youth”) has the same meaning as in section 725 of the McKinney-Vento Act, 42 USC ¦ 11434a(2).

(14) “Identification” means the process of determining a child’s disability and eligibility for special education and related services.

(15) “Individualized Education Program” (IEP) means a written statement of an educational program which is developed, reviewed, revised and implemented for a school-aged child with a disability.

(16) “Individualized Family Service Plan” (IFSP) is defined in OAR 581-051-2700.

(17) “Limited English proficient” has the same meaning as in the Elementary and Secondary Education Act, 20 USC § 9101(25).

(18) “Mediation” means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such a time as a resolution is agreed to by the parties or the mediation process is terminated.

(19) “Medical statement” means a written statement issued by a physician licensed by a State Board of Medical Examiners.

(20) “Native language”, when used with respect to a person who is limited English proficient, means the language normally used by that person or, in the case of a child, the language normally used by the parent of the child. For an individual with deafness, blindness, deafblindness or no written language, the term means the mode of communication normally used by the person (such as sign language, Braille, or oral communication). In direct contact with a child, the term means the language normally used by the child.

(21) “Parent” means:

(a) One or more of the following persons:

(A) A biological or adoptive parent of the child;

(B) A foster parent of the child,

(C) A legal guardian, other than a state agency;

(D) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or

(E) A surrogate parent who has been appointed in accordance with OAR 581-015-2320, for school-age children, or 581-015-2760 for preschool children.

(b) Except as provided in subsection (c), if more than one party is qualified under subsection (a) to act as a parent and the biological or adoptive parent is attempting to act as the parent, the biological or adoptive parent is presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

(c) If a judicial decree or order identifies a specific person under subsection (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person will be the parent for special education purposes.

(22) “Participating agency” means a state or local agency, other than the school district responsible for a student’s education, that is financially and legally responsible for providing transition services to the student.

(23) “Personally identifiable information” means information as defined in the Family Educational Rights and Privacy Act (FERPA), found at 34 CFR 99.3, which includes, but is not limited to:

(a) The name of the child, the child’s parent or other family member;

(b) The address of the child or the child’s family;

(c) A personal identifier, such as the child’s social security number or student number, or biometric record; and

(d)Other indirect identifiers, such as the child’s date of birth, place of birth, and mother’s maiden name;

(e) Other information that alone or in combination is linked or linkable to a specific child that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the child with reasonable certainty; or

(f) Other information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

(24) “Placement” means educational placement, not social service placement by a state agency.

(25) “Preschool child” means “preschool child with a disability” as defined under OAR 581-015-2700.

(26) “Private school” means an educational institution or agency not operated by a public agency.

(27) “Public agency” means a school district, an education service district, a state agency or institution, EI/ECSE contractor or subcontractor, responsible for early intervention, early childhood special education or special education.

(28) “Related services” includes transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, and includes orientation and mobility services, speech language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, school health services and school nurse services, counseling services, including rehabilitation counseling services, social work services in schools, parent counseling and training, school health services and medical services for diagnostic or evaluation purposes, and includes early identification and assessment of disabling conditions in children. This definition incorporates the exception for services for children with surgically implanted devices, including cochlear implants, in 34 CFR 300.34(b) and the definitions for individual related services in 34 CFR 300.34(c).

(29) “School age child or children” means a child or children who have reached 5 years of age but have not reached 21 years of age on or before September 1 of the current school year.

(30) “Scientifically Based Research”- is defined in section 9101(37) of the Elementary and Secondary Education Act of 1965, as amended ESEA.

(31) “School district” means the public education agency (school district, ESD, or state agency) that is responsible by statute, rule or contract for providing education to children with disabilities.

(32) “Services plan” is defined in OAR 581-015-2450.

(33) “Short term objectives” means measurable intermediate performance steps that will enable parents, students and educators to gage, at intermediate times during the year, how well the child is progressing toward the annual goals by either:

(a) Breaking down the skills described in the goal into discrete components, or

(b) Describing the amount of progress the child is expected to make within specified segments of the year.

(34) “Special education” means specially designed instruction that is provided at no cost to parents to meet the unique needs of a child with a disability “Special education” includes instruction that:

(a) May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

(b) May involve physical education services, speech language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability.

(35) “Specially designed instruction” means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction:

(a) To address the unique needs of the child that result from the child’s disability; and

(b) To ensure access of the child to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the public agency that apply to all children.

(36) “Supplementary aids and services” means aids, services and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings to enable children with disabilities to be educated with children without disabilities to the maximum extent appropriate.

(37) “Superintendent” means the State Superintendent of Public Instruction or the designee of the State Superintendent of Public Instruction.

(38) “Surrogate parent” means an individual appointed under OAR 581-015-2320 for school age children or 581-015-2760 for preschool children who acts in place of a biological or adoptive parent in safeguarding a child’s rights in the special education decision-making process.

(39) “Transition services” means a coordinated set of activities for a student with a disability that:

(a) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student to facilitate the student’s movement from school to post school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(b) Is based on the individual student’s needs, taking into account the student’s preferences and interests; and

(c) Includes:

(A) Instruction;

(B) Related services;

(C) Community experiences;

(D) The development of employment and other post school adult living objectives; and

(E) If appropriate, acquisition of daily living skills and functional vocational evaluation; and

(d) May be special education, if provided as specially designed instruction, or related services, if required to assist a student with a disability to benefit from special education.

(40) “Ward of the state” means child who is in the temporary or permanent custody of, or committed to, the Department of Human Services or Oregon Youth Authority through the action of the juvenile court.

Stat. Auth.: ORS 343.041, 343.045, 343.155 & 343.223
Stats. Implemented: ORS 343.045, 343.155, 343.223, 34 CFR 300.5, 300.6, 300.8, 300.11, 300.15, 300.19, 300.22, 300.27, 300.28, 300.29, 300.30, 300.34, 300.37, 300.39, 300.42, 300.43 & 300.45
Hist.: 1EB 8-1978, f. & ef. 3-3-78; 1EB 35-1978, f. & ef. 10-5-78; 1EB 18-1979(Temp), f. & ef. 11-15-79; 1EB 5-1980, f. 2-22-80, ef. 2-23-80; 1EB 18-1983(Temp), f. & ef. 12-20-83; 1EB 5-1985, f. 1-30-85, ef. 1-31-85; EB 39-1988(Temp), f. & cert. ef. 11-15-88; EB 18-1989, f. & cert. ef. 5-15-89; EB 28-1989(Temp), f. & cert. ef. 10-16-89; EB 3-1990, f. & cert. ef. 1-26-90; EB 25-1991(Temp), f. & cert. ef. 11-29-91; EB 16-1992, f. & cert. ef. 5-13-92; EB 9-1993, f. & cert. ef. 3-25-93; EB 18-1994, f. & cert. ef. 12-15-94; EB 22-1995, f. & cert. ef. 9-15-95; ODE 10-2000, f. & cert. ef. 5-3-00; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0005, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08; ODE 13-2009, f. & cert. ef. 12-10-09; ODE 12-2011, f. & cert. ef. 10-31-11; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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) School districts must identify, locate and evaluate all resident children with disabilities, 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.

(3) For purposes of this rule, residency is determined in accordance with ORS chapter 339, except for children enrolled in charter schools. Residency for children enrolled in charter schools is determined in accordance with ORS chapter 338. The district in which the charter school is located is responsible for child find for students enrolled in the charter school regardless of parental resident district.

(4) The district in which the private school is located is responsible for conducting child find activities for all children enrolled in the private school, in accordance with OAR 581-015-2085, regardless of parental resident district.

(5) The lead agency as defined in OAR 581-015-2700(20) and its contractors provides a public awareness program that:

(a) Prepares and disseminates information on the availability of early intervention and other services, as described in paragraph (b) of this section, to all primary referral sources (especially hospitals and physicians). The information is to be given to:

(A) Parents with infants and toddlers;

(B) Parents with premature infants;

(C) Parents with infants that have physical risk factors associated with learning or developmental complications; and

(D) Parents of toddlers with disabilities, regarding services available to them on their child’s third birthday, no fewer than 90 days prior to the toddler’s third birthday.

(b) Has procedures for assisting primary referral sources to disseminate information on the availability of early intervention services to parents of infants or toddlers with disabilities. This information includes:

(A) A description of the availability of early intervention services;

(B) A description of the child find system and how to refer a child under age three for an evaluation or early intervention services; and

(C) A central directory as defined in OAR 581-015-2713.

(6) The lead agency must coordinate child find efforts with all other major State efforts to locate and identify children by other State agencies relevant to early childhood or educational or developmental needs.

Stat. Auth.: ORS 343.041, 343.045, 343.157
Stats. Implemented: ORS 343.045, 343.157, 34 CFR 300.111, 34 CFR 303.302, 34 CFR 301
Hist.: 1EB 269, f. & ef. 12-22-77; 1EB 14-1983, f. 11-23-83, ef. 11-25-83; EB 11-1995, f. & cert. ef. 5-25-95; ODE 16-2000, f. & cert. ef. 5-23-00; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0037, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12; ODE 8-2012, f. & cert. ef. 2-17-12; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-015-2700

Definitions – EI/ECSE Program

For the purposes of OAR 581-015-2700 to 581-015-2910, the definitions in this rule and 581-015-2000 apply.

(1) “Assessment” means the ongoing procedures used by appropriate qualified personnel to identify the child’s unique strengths and needs throughout the period of the child’s eligibility. For EI this includes, the initial assessment of the child and family prior to the first IFSP meeting.

(2) “Communication” means receptive or expressive language development.

(3) “Contractor” means the agency designated by the Department to administer the provision of EI and ECSE within selected service areas.

(4) “Department” means the Oregon Department of Education.

(5) “Designated referral and evaluation agency” means the agency in each county designated to be the referral point for parents and others who suspect that a child may need early intervention or early childhood special education, and to be responsible for assuring that all referred children suspected of having a disability receive evaluation for potential eligibility for early intervention and early childhood special education.

(6) “Early childhood special education (ECSE)” means free, specially designed instruction to meet the unique needs of a preschool child with a disability, three years of age until the age of eligibility for public school, including instruction in physical education, speech-language services, travel training, and orientation and mobility services. Instruction is provided in any of the following settings: home, hospitals, institutions, special schools, classrooms and community childcare or preschool settings, or both.

(7) “Early intervention and early childhood special education assistants” means individuals who implement program activities under the direct supervision of the professional personnel.

(8) “Early intervention and early childhood special education specialists” means professionals who implement or coordinate the implementation of individualized family service plans.

(9) “Early intervention (EI)” means services for preschool children with disabilities from birth until three years of age, including Indian children and children who are homeless and their families, these services are:

(a) Based on scientifically-based research, as defined in OAR 581-015-2000, to the extent practicable;

(b) Designed to meet the child’s developmental needs and the needs of the family related to enhancing the child’s development as identified by the IFSP team, in any one or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development;

(c) Selected in collaboration with the parents;

(d) Provided:

(A) Under public supervision;

(B) By personnel qualified in accordance with criteria established by rules of the State Board of Education; and

(C) In conformity with an individualized family service plan;

(e) At no cost to parents;

(f) Meet all applicable state requirements; and

(g) Include the following types of intervention services (defined in 303.13(1): family training, counseling, in-home visits; special instruction; speech-language pathology and audiology services, and sign language and cued language services; occupational therapy; physical therapy; psychological services; service coordination; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; health services necessary to enable the child to benefit from other early intervention services; nursing services, nutrition services, social work services; vision services; assistive technology devices and services; and transportation and related costs that are necessary to enable a child and the child’s family to receive another early intervention service.

(10) “Educational records” means those records that are:

(a) Directly related to a student; and

(b) Maintained by a primary contractor or subcontractor.

(11) “Evaluation” means the procedures used by qualified personnel to determine;

(a) A child’s initial eligibility for EI or ECSE services;

(b) A child’s continuing eligibility for EI or ECSE services; and

(12) “Health Services” means services necessary to enable an otherwise eligible child to benefit from the other early intervention services under this part during the time that the child is eligible to receive early intervention services.

(a) The term includes:

(A) Such services as clean intermittent catheterization, tracheotomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services; and

(B) Consultation by physicians with other service providers concerning the special health care needs of infants and toddlers with disabilities that will need to be addressed in the course of providing other early intervention services.

(b) the term does not include services that are:

(A) Surgical in nature;

(B) Purely medical in nature; or

(C) Related to the implementation, optimization, maintenance, or placement of a medical device that is surgically implanted.

(i) Nothing in this part limits the right of an infant or toddler with a disability with a surgically implanted device ( cochlear implant) to receive the early intervention services that are identified in the child’s IFSP as being needed to meet the child’s IFSP and developmental outcomes.

(ii) Nothing in this part prevents the EI provider from routinely checking that either the hearing aid or the external components of a surgically implanted device of an infant or toddler with a disability are functioning properly;

(D) Devices necessary to control or treat a medical condition; and

(E) Medical-Health services (such as immunizations and regular “well baby” care) that are routinely recommended for all children.

(13) “IFSP Content” means the definition as stated in OAR 581-015-2815 which includes:

(a) “Frequency” which means the number of days or sessions that a service is provided;

(b) “Duration” which means projecting when a given service will no longer be provided (such as when the child is expected to achieve the outcomes in his or her IFSP);

(c) “Intensity” which means whether a service will be provided on an individual basis;

(d) “Method” which means how a service is provided; and

(e) “Location” which means the actual place or places where a service will be provided.

(14) “Independent educational evaluation (IEE)” means an evaluation conducted by a qualified examiner who is not employed by the Department, the contractor, or subcontractor responsible for the child in question.

(15) “Indian”means an individual who is a member of an Indian tribe. “Indian Tribe” means any federal or state Indian tribe, band, rancheria, pueblo, colony, or community, including any native village or regional village corporation.

(16) “Individualized family service plan (IFSP)” means a written plan of early childhood special education, related services, early intervention services, and other services developed in accordance with criteria established by the State Board of Education for each child eligible for services under this chapter.

(17) “Informed clinical opinion” means the acquisition and interpretation of multiple sources of information as part of the evaluation and assessment process. This includes evaluation and assessment results, observation reports, previous testing results, medical data, parent reports, and other evaluative information. A review of this information is used in forming a determination regarding current developmental status and the need for EI.

(a) Informed clinical opinion may be used as an independent basis to establish a child’s eligibility under this section even when other instruments do not establish eligibility.

(b) In no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility.

(18) “Initial Assessment” means the assessment of a child and the family assessment that is conducted prior to the child’s first IFSP meeting.

(19) “Instruction” means providing families with information and skills that support the achievement of the goals and outcomes in the child’s IFSP and working with preschool children with disabilities in one or more of the following developmental areas: communication development, social or emotional development, physical development, including vision and hearing, adaptive development, and cognitive development.

(20) “Lead Agency” means the agency designated by the Governor under Section 635(a)(10) of IDEA and ¦ 303.120 that receives funds under Section 643 of the Act to administer the responsibilities under Part C of the Act.

(21) “Local Education Agency” or LEA means:

(a) A public board of education or other public authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, or other political subdivision of the state, or for a combination of school districts or counties as are recognized in a state as an administrative agency for its public elementary schools or secondary schools.

(b) Educational service agencies and other public institutions or agencies. This includes the following:

(A) A regional public multiservice agency-

(i) Authorized by State law to develop, manage, and provide services or programs to LEAs; and

(ii) Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State.

(B) Any public institution or agency having administrative control and direction of a public elementary school or secondary school, including public charter school, that is established as an LEA under State law.

(C) Entities that meet the definition of intermediate educational unit or IEU in section 602(23) of IDEA, as in effect prior to June 4, 1997.

(c) BIE funded schools which are funded by the Bureau of Indian Education and not subject to the jurisdiction of the SEA other than the Bureau of Indian Education, but only to the extent that the inclusion makes the school eligible for programs which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the Act with the smallest student population.

(22) “Monitoring” means activities carried out by the Department and its contractors which measure the subcontractor’s compliance with state and federal mandates for the provision of EI and ECSE.

(23) “Multidisciplinary” means the involvement of two or more separate disciplines or professions with respect to-

(a) evaluation of the child and assessments of the child and family, this may include one individual who is qualified in more than one discipline or profession; and

(b) for the IFSP Team this means the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator.

(24) “Natural environment” means settings that are natural or normal for the child’s age peers who have no disability.

(25) “Other services” means those services that may be provided to preschool children with disabilities and to their families that are not EI or ECSE services and are not paid for with EI or ECSE funds.

(26) “Parent” means:

(a) One or more of the following persons:

(A) A biological or adoptive parent of the child;

(B) A foster parent of the child;

(C) A legal guardian, generally authorized to act as the child’s parent, or authorized to make EI, educational health or developmental decisions for the child ( but not the State if the child is a ward of the State);

(D) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or

(E) A surrogate parent who has been appointed in accordance with OAR 581-015-2320, for school-age children, or 581-015-2760 for preschool children.

(b) Except as provided in subsection (c), if more than one party is qualified under subsection (a) to act as a parent and the biological or adoptive parent is attempting to act as the parent, the biological or adoptive parent is presumed to be the parent unless the biological or adoptive parent does not have legal authority to make EI or educational decisions for the child.

(c) If a judicial decree or order identifies a specific person under subsection (a) to act as the parent of a child or to make educational or EI decisions on behalf of a child, then that person will be the parent for special education purposes, except that if an EI provider or a public agency provides any services to a child or any family member of that child, that EI provider or public agency may not act as the parent for that child.

(27) “Parent Training and Information Center” means a center assisted under section 671 or 672 of IDEA.

(28) “Periodic review” means a review of the IFSP for a child and the child’s family. An EI or ECSE program or parent may request a review of the IFSP.

(29) “Personally Identifiable Information” means information as identified in the Family Educational Rights and Privacy Act (FERPA) found at 34 CFR 99.3 and OAR 581-015-2000(23), except any reference to a “student” means a “child” in this part and any reference to a “school” means an EI provider as used in this part.

(30) “Physical development” means gross or fine motor development.

(31) “Preschool child with disabilities” means all children from:

(a) Birth until three years of age, including infants and toddlers who are eligible for EI services under OAR 581-015-2780(3); or

(b) Three years of age to eligibility for public school who are eligible for ECSE services under OAR 581-015-2795.

(32) “Professional Development Plan” means a written document specifying the name of the employee, the position, current qualifications, current deficits, an accounting of steps to be taken to rectify deficits including timelines, persons responsible, and the final date by which the plan will be complete.

(33) “Public agency” or “public agencies” means the lead agency and any other agency or political subdivision of the state.

(34) “Qualified Personnel “means personnel who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early intervention services.

(35) “Related services” includes transportation and such developmental, corrective, and other supportive services, including orientation and mobility services, speech language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, school health services and school nurse services, counseling, social work services, parent counseling and training, and medical services, as may be required to assist a child with disabilities, three years of age until the age of eligibility for public school, to benefit from special education or early childhood special education and includes early identification and assessment of disabling conditions. Medical services shall be for diagnostic and evaluation purposes only. This definition incorporates the exception for services for children with surgically implanted devices, including cochlear implants, in 34 CFR 300.34(b) and the definitions for individual related services in 34 CFR 300.34(c).

(36) “Related services personnel” means professionals who consult, supervise, train staff, design curriculum, or implement related services.

(37) “Service coordination” means the activities carried out by a service coordinator to assist and enable an eligible child and the child’s family to receive the rights, procedural safeguards and services that are authorized under the state’s EI program and to coordinate access to other services designated on the IFSP.

(38) “Sign Language and cued language services” include teaching sign language, cued language, and auditory/oral language, providing oral translation services (such as amplification), and providing sign and cued language interpretation.

(39) “State Education Agency “or SEA means the State Board of Education or other agency or officer primarily responsible for State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law and the term includes the agency that receives funds under IDEA to administer the State’s responsibilities under part B of the Act.

(40) “State Interagency Coordinating Council” (SICC) means a council appointed by the Governor for IDEA Part C purposes in compliance with 34 CFR 303.600-303.605.

(41) “Subcontractor” means the agency or agencies selected by the contractor to provide services for EI and ECSE.

(42) “Supervision” means the activities carried out by the Department and its primary contractors to oversee the provision of EI and ECSE services.

(43) “Supervisor” means a professional who supervise and train staff, design curriculum, and administer EI or ECSE programs.

(44) The following words are defined in OAR 581-015-2000:

(a) “Assistive technology device”;

(b) “Assistive technology service”;

(c) “Children with disabilities”;

(d) “Autism”;

(e) “Communication disorder”;

(f) “Deafblindness”;

(g) “Emotional disturbance”;

(h) “Hearing impairment”;

(i) “Intellectual disability”;

(j) “Orthopedic impairment”;

(k) “Other health impairment”;

(l) “Specific learning disability”;

(m) “Traumatic brain injury”;

(n) “Visual impairment”;

(o) “Consent”;

(p) “Day”;

(q) “Department”;

(r) “General curriculum”;

(s) “Health assessment statement”;

(t) “Identification”;

(u) “Individualized education program (IEP)”;

(v) “Mediation”;

(w) “Medical statement”;

(x) “Native language”;

(y) Participating agency”;

(z) “Personally identifiable information”;

(aa) “Placement”;

(bb) “Private school”;

(cc) “School district”;

(dd) “Short term objectives”;

(ee)”Special education”;

(ff) “Specially designed instruction”;

(gg) “Supplementary aids and services”;

(hh) “Superintendent”;

(ii) “Surrogate parent”;

(jj) “Ward of the state”; and

(kk) “Scientifically Based Research”

Stat. Auth.: ORS 343.475
Stats. Implemented: ORS 343.475, 34 CFR 300.5 - 300.45, 34 CFR 99.3, 34 CFR 303.4-303.37, 34 CFR 303.600-303.605

Hist: EB 23-1992, f. & cert. ef. 6-23-92; EB 4-1995, f. & ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; ODE 1-2004, f. & cert. ef. 1-15-04; Renumbered from 581-015-0900, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-015-2712

Availability of Early Intervention Services

Appropriate early intervention services are offered to eligible children as soon as possible consistent with scientifically based research, to the extent practicable, and are available to all infants and toddlers with disabilities and their families, including-

(1) Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State; and

(2) Infants and toddlers with disabilities who are homeless and their families.

Stat. Auth.: ORS 343.475, 326.051
Stats. Implemented: ORS 343.475
Hist.: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-015-2713

Central Directory

The EI system shall include a central directory that is accessible to the general public (i.e. through the lead agency’s website and other appropriate means) which includes accurate, up-to-date information about-

(1) Public and private early intervention services, resources, and experts available in the State;

(2) Professional and other groups (including parent support, and training and information centers that provide assistance to infants and toddlers with disabilities eligible for EI services and their families); and

(3) Research and demonstration projects being conducted in the State relating to infants and toddlers with disabilities.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 343.475, 34 CFR 303.117
Hist.: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-015-2730

Parent Consent for EI

(1) The public agency must obtain written parental consent before conducting an initial evaluation or reevaluation.

(2) Written parental consent must also be obtained before the provision of EI services described in the IFSP. The parents of a child eligible for EI services must determine whether they, their child, or other family members will accept or decline any EI services, and may decline such a service after first accepting it, without jeopardizing other EI services. If the parents do not provide consent for a particular EI service or withdraw consent after first providing it, that service will not be provided. The EI services for which parental consent is obtained will be provided.

(3) If consent is not given, the public agency must make reasonable efforts to ensure that the parent:

(a) Is fully aware of the nature of the evaluation and assessment or the services that would be available; and

(b) Understands that the child will not receive the evaluation and assessment or services unless consent is given.

Stat. Auth.: ORS 343.475, 343.531
Stats. Implemented: ORS 343.475, 343.531, 34 CFR 303.420 (c)
Hist.: EB 4-1995, f. & cert. ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; ODE 1-2004, f. & cert. ef. 1-15-04; Renumbered from 581-015-0938, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-015-2774

Referral Procedures

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 and toddlers under the age of three who are the subjects of a substantiated case of child abuse or neglect, or who are identified as directly affected by illegal drug abuse or withdrawal symptoms from prenatal drug exposure.

(2) Primary referral sources may include: hospitals including prenatal facilities, physicians, parents, child care programs, LEAs and schools, public health facilities, other public health or social service agencies, other clinics or health care providers, public agencies and staff in the child welfare system, homeless family shelters, and domestic violence shelters and agencies.

Stat. Auth.: ORS 326.051, 343.475
Stats. Implemented: 34 CFR 303.303
Hist.: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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 eligibility under OAR 581-015-2780.

(b) EI evaluations and reevaluations must be conducted in accordance with OAR 581-015-2790(8) and (9)(b)-(f).

(2) Request for initial evaluation. Consistent with the consent requirements in OAR 581-015-2730:

(a) A parent or public agency may initiate a request for an initial evaluation to determine if a child qualifies for EI services.

(b) A public agency must refer a child as soon as possible, but in no case more than seven days after the child has been identified.

(3) When initial evaluation must be conducted. An initial evaluation must be conducted to determine if a child is eligible for EI services when a public agency suspects or has reason to suspect that the child has a disability, developmental delay, or condition likely to result in developmental delay.

(4) Evaluation planning. Before conducting any evaluation or reevaluation, the public agency must conduct evaluation planning in accordance with OAR 581-015-2115.

(5) Notice and consent.

(a) Before conducting any evaluation or reevaluation, the public agency must provide notice to the parent in accordance with OAR 581-015-2745 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 written consent for evaluation in accordance with OAR 581-015-2730 and 581-015-2740.

(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 581-015-2745.

(d) Parents may challenge the public agency’s refusal to conduct an evaluation or reevaluation under OAR 581-015-2870.

(6) EI Evaluation requirements: An EI evaluation or reevaluation must:

(a) Be conducted by a multidisciplinary team representing two or more separate disciplines or professions, including persons who are knowledgeable about the child;

(b) Assess the child’s level of functioning in all the following areas: cognitive development, physical development including vision and hearing, communication development, social or emotional development, and adaptive development;

(c) Be based on informed clinical opinion;

(d) Be completed in time to conduct the initial IFSP meeting within 45 calendar days from the date of referral, except when the parent has not provided consent for the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the lead agency or EI provider to obtain parental consent.

(A) These exceptional circumstances must be documented in the child’s early intervention records and note the extenuating family circumstances or the lead agency or EI providers attempts to obtain consent;

(B) The initial evaluation, assessment, or initial IFSP meeting must be completed as soon as possible after the documented circumstances described no longer exist or consent is obtained;

(C) An interim IFSP should be developed and implemented to the extent appropriate: and

(e) Include:

(A) For a child suspected of having autism spectrum disorder, deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury, or visual impairment, the evaluation requirements in OAR 581-015-2130 through 581-015-2180 for the respective disability; or

(B) A diagnosis of a physical or mental condition as described under in OAR 581-015-2780(3)(b); or

(C) An evaluation for determining a developmental delay as follows:

(i) At least one norm-referenced, standardized test addressing the child’s level of functioning in each of the following developmental areas: cognitive; physical (including vision and hearing); communication; social or emotional; and adaptive;

(ii) At least one additional procedure to confirm the child’s level of functioning in each area of suspected delay listed in subsection (6)(e)(C)(i) of this rule;

(iii) At least one 20-minute observation of the child;

(iv) A review of previous testing, medical data and parent reports; and

(v) Other evaluative information as necessary to determine eligibility.

(f) All evaluations and assessments of a child must be conducted in the native language of the child, unless it is clearly not feasible to do so.

(7) Reevaluation. A public agency must conduct a reevaluation of a child receiving early intervention services in accordance with OAR 581-015-2105 if the public agency determines that the EI needs of the child warrant a reevaluation, or, subject to subsection (5), if the child’s parent or EI specialist requests a reevaluation.

Stat. Auth.: ORS 343.475
Stats. Implemented: ORS 343.475, 34 CFR 303.24, 34 CFR 303.310
Hist.: EB 4-1995, f. & cert. ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0945, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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 this rule.

(2) The multidisciplinary team must include the parents, in accordance with OAR 581-015-2750, and individuals from two or more separate disciplines or professions, including persons who are knowledgeable about the child.

(3) To be eligible for EI services, the child must meet the minimum criteria for subsection (a), (b) or (c), below:

(a) Categorical:

(A) The child meets the minimum criteria for one of the following disability categories in OAR 581-015-2130 through 581-015-2180: autism spectrum disorder, deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury or visual impairment.

(B) If the child meets the disability criteria for a categorical eligibility in subsection (A), the child’s disability does not need to be presently adversely affecting the child’s development for the child to be eligible for EI services.

(b) Medical: The child has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, as documented by one of the following with the appropriate State Board licensure: a physician, a physician assistant, or a nurse practitioner.

(c) Developmental delay: The child experiences a developmental delay and as a result needs EI services. Developmental delay means two standard deviations or more below the mean in one or more of the following developmental areas, or 1.5 standard deviations below the mean in two or more of the developmental areas:

(A) Cognitive development;

(B) Physical development;

(C) Communication development;

(D) Social or emotional development;

(E) Adaptive development.

(4) The multidisciplinary team must prepare an evaluation report and a written statement of eligibility.

(a) The evaluation report(s) must describe and explain the results of the evaluation conducted.

(b) The written statement of eligibility must include:

(A) A list of the evaluation data considered in determining the child’s eligibility;

(B) A determination of whether the child meets the minimum criteria for EI as described in (3) of this part; and

(C) The signature of each member of the team signifying his or her concurrence or dissent.

(5) For a child who may have disabilities in more than one category, the team need only qualify the child for EI services under one disability category, however:

(a) The child must be evaluated in all areas of development and areas of suspected disability; and

(b) The child’s IFSP must address all of the child’s early intervention needs.

(6) The multidisciplinary team must give the parents a copy of the eligibility statement and evaluation report.

(7) The contractor or subcontractor must notify the child’s resident district upon determination of eligibility for EI services.

(8) A child found eligible under this rule is eligible for regional services if the child meets the criteria under OAR 581-015-2550 for vision impairment, hearing impairment, autism spectrum disorder, severe orthopedic impairment or traumatic brain injury.

Stat. Auth.: ORS 343.513
Stats. Implemented: ORS 343.513, 34 CFR 303.24
Hist.: EB 4-1995, f. & cert. ef. 1-24-95; EB 27-1995, f. & cert. ef. 12-11-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 8-2001, f. & cert. ef. 1-29-01; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0946, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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 disability under OAR 581-015-2795; or

(c) Changing the child’s eligibility; or

(d) Terminating the child’s eligibility as a child with a disability.

(2) Request for initial evaluation. Consistent with the consent requirements in OAR 581-015-2735, a parent or public agency may initiate a request for an initial evaluation to determine if a child qualifies for ECSE services.

(3) When initial evaluation must be conducted.

(a) An initial evaluation must be conducted to determine if a child is eligible for ECSE 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 education or development; and

(B) The child may need ECSE 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 581-015-2750.

(4) Evaluation planning. Before conducting any evaluation or reevaluation, the public agency must conduct evaluation planning in accordance with OAR 581-015-2115.

(5) Notice and consent.

(a) Before conducting any evaluation or reevaluation, the public agency must provide notice to the parent in accordance with OAR 581-015-2745 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 written consent for evaluation in accordance with OAR 581-015-2735 and 581-015-2740.

(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 581-015-2745.

(d) Parents may challenge the public agency’s refusal to conduct an evaluation or reevaluation under OAR 581-015-2870.

(6) ECSE evaluation requirements: For a child suspected of being eligible for ECSE services, the following evaluation must be conducted:

(a) For a child suspected of having any of the following disabilities, an evaluation in all areas of the suspected disability following OAR 581-015-2130 through 581-015-2180, respectively:

(A) Autism spectrum disorder;

(B) Communication disorder;

(C) Deafblindness;

(D) Emotional disturbance;

(E) Hearing impairment;

(F) Intellectual Disability;

(G) Orthopedic impairment;

(H) Other health impaired;

(I) Specific learning disability;

(J) Traumatic brain injury;

(K) Visual impairment; or

(b) For a child suspected of having a developmental delay, an evaluation that includes:

(A) At least one norm referenced, standardized test in each area of suspected delay;

(B) At least one additional procedure to confirm the child’s level of functioning in each area of suspected delay;

(C) At least one 20-minute observation of the child;

(D) Review of previous testing, medical data, and parent reports; and

(E) Other evaluative information as necessary to determine eligibility.

(7) Reevaluation.

(a) Public agencies must ensure that a reevaluation of each child with a disability is conducted in accordance with OAR 581-015-2115, subject to subsection (5) and (7)(b) in this rule:

(A) If the public agency determines that the ECSE needs of the child warrant a reevaluation; or

(B) If the child’s parent or ECSE specialist 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.

(8) Conduct of evaluation. In conducting the evaluation, the public agency must:

(a) Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent that may assist in determining:

(A) Whether the child is eligible for EI/ECSE services; and

(B) The content of the child’s IFSP, including information related to enabling the child to be involved in and progress in appropriate activities;

(b) Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child; and

(c) Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(9) Other evaluation procedures. Each public agency must ensure that:

(a) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;

(b) Assessments and other evaluation materials used to assess a child under this part:

(A) Are selected and administered so as not to be discriminatory on a racial or cultural basis;

(B) Are provided and administered in the child’s native language or other mode of communication as determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment, and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so;

(C) Are used for the purposes for which the assessments or measures are valid and reliable;

(D) Are administered by trained and knowledgeable personnel; and

(E) Are administered in accordance with any instructions provided by the producer of the assessments.

(c) Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

(d) Assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

(e) The evaluation is sufficiently comprehensive to identify all of the child’s EI/ECSE and related services needs, whether or not commonly linked to the disability category in which the child has been classified; and

(f) The evaluation includes assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child.

(10) Evaluation timelines:

(a) Initial. An initial evaluation must be completed within 60 school days from written parent consent to the date of the meeting to consider eligibility.

(b) Reevaluation. A reevaluation must be completed within 60 school days from written parent consent (or from the date the evaluation is initiated under OAR 581-015-2740(3)) to the date of the meeting to consider eligibility, continuing eligibility or the student’s educational needs.

(c) Exceptions. An evaluation may be completed in more than 60 school days under the following circumstances documented in the child’s educational record:

(A) The parents of a child repeatedly fail or refuse to produce the child for an evaluation, or for other circumstances outside the school district’s control;

(B) The student is a transfer student in the process of reevaluation and the public agency and the parents agree to a different length of time to complete the evaluation in accordance with subsection (d); or

(C) The public agency and parent agree to extend the timeline for an evaluation to determine eligibility for specific learning disabilities in accordance with OAR 581-015-2170.

(d) Transfer students.

(A) When a child with disabilities transfers from one EI/ECSE program to another EI/ECSE program in the same school year, the previous and current EI/ECSE programs must coordinate any pending assessments as necessary and as expeditiously as possible to ensure prompt completion of the evaluation.

(B) The exception under subsection (10)(c) only applies if the current EI/ECSE program is making sufficient progress to ensure a prompt completion of the evaluation and the parent and current EI/ECSE program agree to a specific time for completion of the evaluation.

Stat. Auth.: ORS 343.475
Stats. Implemented: ORS 343.475, 34 CFR 303.25, 34 CFR 303.321(a)(5)
Hist.: EB 4-1995, f. & cert. ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03; Renumbered from 581-015-0941, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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 school district must obtain parental consent for initial evaluation under OAR 581-015-2735 and conduct an initial evaluation under OAR 581-015-2790.

(b) With the approval of the child’s family and in accordance with OAR 581-015-2810, a transition meeting to establish a transition plan must be held at least 90 calendar days, and at the discretion of the parties, up to nine months before the child’s third birthday and must include:

(A) Discussions with and training of parents regarding future services, placements and other matters related to the child’s transition;

(B) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to and function in a new setting or, if appropriate, steps to exit from the program;

(C) A review of the child’s program options for the period from the child’s third birthday through the remainder of the school year; and

(D) With parental consent, the transmission of information about the child to the ECSE subcontractor or other service provider, if different than the child’s EI subcontractor including;

(i) Evaluation and assessment information; and

(ii) Copies of IFSPs that have been developed and implemented.

(c) For children eligible for ECSE services under OAR 581-015-2795, contractors or subcontractors must initiate and conduct an IFSP meeting on or before the child’s third birthday to:

(A) Review and revise the IFSP;

(B) Determine placement; and

(C) Obtain parent consent for initial placement in special education. This is the initial consent for placement in special education for school-age students.

(3) Transition from ECSE to School-age Special Education Services:

(a) Before a child reaches the age of eligibility for public school, the district must:

(A) For children previously eligible with a developmental delay and suspected of having a disability under OAR 581-015-2130 through 581-015-2180, conduct an evaluation and determine eligibility for school age special education services; or

(B) For children previously eligible in a disability category under OAR 581-015-2130 through 581-015-2180, continue the child’s eligibility for school age special education services. The school district may conduct a reevaluation and reconsider eligibility for special education services.

(b) The school district and contractor or subcontractor must hold a meeting during the year before the child is eligible to enter public school:

(A) To determine steps to support the child’s transition from ECSE to public schooling or other educational setting; and

(B) For a child eligible for school age special education services, to develop an IEP that is in effect at the beginning of the school year.

Stat. Auth.: ORS 343.473, 343.521
Stats. Implemented: ORS 343.521, 34 CFR 300.124, 34 CFR 303.209
Hist.: EB 23-1992, f. & cert. ef. 6-23-92; EB 4-1995, f. & cert.ef. 1-24-95; Administrative Correction 12-1-97; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; ODE 1-2004, f. & cert. ef. 1-15-04; Renumbered from 581-015-0960, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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 from the date the child is determined eligible for ECSE services.

(2) Contractors or subcontractors must initiate and conduct a meeting to review and revise the IFSP every 365 days to:

(a) Determine whether the annual goals for the child are being achieved; and

(b) Revise the IFSP as appropriate to address:

(A) Any lack of expected progress toward the annual goals and appropriate activities;

(B) The results of any reevaluation;

(C) Existing information about the child provided to, or by, the parents;

(D) The child’s anticipated needs; or

(E) Other matters.

(3) For a child under age three:

(a) Contractors or subcontractors must initiate and conduct a review of the IFSP, with the participation of the child’s parents consistent with OAR 581-015-2750 and 581-015-2755, every six months or more frequently if conditions warrant or if the family requests such a review.

(b) The purpose of this review is to determine:

(A) The degree to which progress on major outcomes or annual goals is being made; and

(B) Whether revision of major outcomes or goals or services is needed.

(c) This review may be carried out by a meeting or by another means that is acceptable to the parents and other participants. However, if IFSP revisions are necessary, an IFSP meeting must be conducted.

(4) Contractors or subcontractors must initiate and conduct, with the approval of the child’s family, an IFSP meeting to plan the child’s transition to ECSE services or other preschool services at least 90 calendar days, and at the discretion of the parties, up to nine months, before the child’s third birthday and the lead agency or its contractors must notify the LEA and SEA for the area in which the toddler resides that the toddler on his third birthday will reach the age of eligibility for services under Part B of the Act as determined in accordance with State law.

(5) For children eligible for ECSE services under OAR 581-015-2795, contractors or subcontractors must initiate and conduct an IFSP meeting on or before the child’s third birthday in accordance with OAR 581-015-2805.

(6) Contractors or subcontractors must conduct an IFSP meeting if they believe that a change in the IFSP may be necessary to ensure the provision of appropriate EI services for a child under age three or a free appropriate public education to a child over age three.

(7) A parent may request a meeting at any time to review or revise the IFSP.

(8) In response to a parent request for IFSP meeting, the contractor or subcontractor must hold an IFSP meeting within a reasonable time.

Stat. Auth.: ORS 343.475, 343.521
Stats. Implemented: ORS 343.475, 343.521, 34 CFR 300.101
Hist.: ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; ODE 15-2003, f. & cert. ef. 8-14-03; ODE 1-2004, f. & cert. ef. 1-15-04; Renumbered from 581-015-0968, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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, and IFSPs under ORS 343.521.

(3) Each individualized family service plan must contain:

(a) A statement of the child’s present level of development, including how the child’s disability affects the child’s participation in appropriate activities for the child’s age. For a child under age three, the statement must include present levels of physical development including vision, hearing and health status, cognitive development, communication development, social development and adaptive development. The statement must be based on information from assessments using professionally acceptable objective criteria.

(b) A statement of major outcomes or annual goals and short-term objectives expected to be achieved for the child and family related to:

(A) Meeting the child’s needs that result from the child’s disability to enable the child to participate in appropriate activities;

(B) Meeting each of the child’s other developmental needs that result from the child’s disability.

(c) For a child under age three, a statement of the specific early intervention services, based on scientifically based research to the extent practicable, to be provided for the child and to the family to advance toward attaining the major outcomes or annual goals (including pre-literacy, language, and numeracy skills, as developmentally appropriate for the child).

(d) For a child age three and older, the IFSP contains IEP content including, a statement of ECSE and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for personnel that will be provided for the child:

(A) To advance appropriately toward attaining the annual goals;

(B) To participate in appropriate activities and to participate in extracurricular and other nonacademic activities; and

(C) To be educated and participate with other children with disabilities and children without disabilities.

(e) For a child under age three, with concurrence of the family, a statement of the family’s resources, priorities, concerns and goals related to enhancing the development of the child, based on information obtained through an assessment tool and also through an interview with those family members who elect to participate in the assessment.

(f) The projected dates for initiation of services and modifications and the anticipated frequency, location, intensity, method and duration of the services as defined in OAR 581-015-2700 and modifications described in subsection (3)(d) of this rule and the payment arrangements, if any.

(g) The name of the service coordinator from the profession, including service coordination, most immediately relevant to the child’s or family’s needs (or who is otherwise qualified to carry out all applicable EI/ECSE responsibilities) responsible for coordinating the involvement of the family and agencies in implementing early intervention and other services, including transition services. The contractor or subcontractor may:

(A) Assign the same service coordinator who was appointed at the time that the child was initially referred for evaluation; or

(B) Appoint a new service coordinator.

(h) For a child under age three:

(A) To the maximum extent appropriate, the natural environments in which early intervention services will be provided; and

(B) A justification of the extent, if any, to which services will not be provided in a natural environment.

(i) For a child age three and older, an explanation of the extent, if any, to which the child will not participate with children without disabilities in the regular class and activities described in subsection (3)(d) of this rule.

(j) A statement of:

(A) How the progress toward major outcomes or annual goals will be measured, including the criteria, procedures and timelines used to determine:

(i) The degree to which progress toward achieving the outcomes or goals is being made; and

(ii) Whether revisions of the outcomes or goals or services are necessary.

(B) For a child age three and older, how the child’s parents will be regularly informed of:

(i) Their child’s progress toward major outcomes or annual goals; and

(ii) The extent to which that progress is sufficient to enable the child to achieve the outcomes or goals by the annual IFSP review date.

(k) The steps to be taken and services provided to support the transition of the child from early intervention services to early childhood special education or other appropriate services, in accordance with OAR 581-015-2805, 581-015-2750, and 581-015-2810.

(l) The steps to be taken to support the transition of the child from early childhood special education to public schooling or other education setting, in accordance with OAR 581-015-2805, 581-015-2750, and 581-015-2810.

(m) A statement of other services, such as medical services, that the child may need but are not early intervention or early childhood special education services including the funding sources used in paying for those services or the steps to be taken to secure those services through public or private sources. This provision does not apply to routine medical services (e.g., immunizations, and “well-baby” care) unless a child needs those services and the services are not otherwise available or being provided.

Stat. Auth.: ORS 343.475 & 343.521
Stats. Implemented: ORS 343.521
Hist.: EB 23-1992, f. & cert. ef. 6-23-92; EB 4-1995, f. & cert. ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; ODE 1-2004, f. & cert. ef. 1-15-04; Renumbered from 581-015-0970, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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 the child or family; for EI, this must include two or more individuals from separate disciplines or professions, and one of these individuals must be the service coordinator.

(c) A representative of the contractor or subcontractor who may be another member of the team and who is:

(A) Qualified to provide or supervise the provision of EI or ECSE services to meet the unique needs of children with disabilities;

(B) Knowledgeable of typical child development and appropriate activities for infants and young children; and

(C) Knowledgeable about the availability of resources.

(d) For a child eligible for EI services, the service coordinator who is responsible for implementation of the IFSP and may be the child’s EI specialist;

(e) For a child who is eligible for ECSE services, the child’s preschool teacher if the child is or may be participating in a regular preschool;

(f) Family members and/or advocates as requested by the parents;

(g) Other individuals, including related services personnel as appropriate, invited by the parent, primary contractor, or subcontractor who have knowledge or special expertise regarding the child;

(h) An individual, who may be another member of the team who:

(A) Was involved in conducting the evaluation of the child;

(B) Is knowledgeable about the child’s disability; and

(C) Can interpret the developmental or instructional implications of the evaluation; and

(i) A representative of the school district in which the child resides during the year before the child enters school.

(2) The regular preschool teacher must participate, to the extent appropriate, in the development, review and revision of the child’s IFSP, including assisting in the determination of:

(a) Necessary modifications to appropriate preschool activities in the classroom and participation in the preschool environment;

(b) Supplementary aids and services, program modifications or supports for preschool personnel that will be provided for the child; and

(c) Appropriate positive behavioral interventions and strategies for the child.

(3) For a child birth to three the IFSP team must be multidisciplinary as defined in OAR 581-015-2700.

(4) IFSP team attendance for children age 3 and older:

(a) A member of the IFSP team described in subsection (1)(b) through (1)(e) is not required to attend an IFSP meeting, in whole or in part, if the parent of a child with a disability and the contractor or subcontractor agree in writing that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed at the meeting.

(b) A member of the IFSP team described in subsection (1)(b) through (1)(e) may be excused from attending an IFSP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of curriculum or related services, if:

(A) The parent and contractor or subcontractor consent in writing to the excusal; and

(B) The member submits, in writing to the parent and the IFSP team, input into the development of the IFSP before the meeting.

(5) Each review must include the participants in subsections (1)(a), (b), (d) and (2), and if feasible to do so (1) (f) of this rule. When the review indicates any changes in the IFSP, then the individualized meeting must follow all IFSP procedural requirements.

(6) For the purposes of subsection (1)(h), if such an individual is unable to attend the meeting, arrangements must be made for the person’s involvement through other means, including:

(a) Participating in a telephone conference call;

(b) Having a knowledgeable authorized representative attend the meeting; or

(c) Making pertinent records available at the meeting.

Stat. Auth.: ORS 343.475, 343.521
Stats. Implemented: ORS 343.475, 343.521, 300 CFR 303.24
Hist.: EB 23-1992, f. & cert. ef. 6-23-92; EB 4-1995, f. & cert. ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; ODE 1-2004, f. & cert. ef. 1-15-04; Renumbered from 581-015-0980, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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 agreed to otherwise by the parents; or

(d) Be in effect by the child’s third birthday and at the beginning of the school year for children receiving ECSE services.

(2) If a child’s third birthday occurs during the summer, the child’s IFSP team must determine when services begin under the IFSP.

(3) Contractors and subcontractors must:

(a) Ensure that the IFSP is available as soon as possible and at no cost to the parents. They must also ensure copies of the IFSP are available to each regular preschool teacher, EI/ECSE specialist, related service provider and other service provider who is responsible for its implementation; and

(b) Inform each teacher and provider described in (2)(a) of his or her specific responsibilities for implementing the child’s IFSP and the specific accommodations, modifications and supports that must be provided for on behalf of the child in accordance with the IFSP.

(4) Contractors or subcontractors must provide EI or ECSE and related services to a child with a disability in accordance with an IFSP.

(5) Nothing in this rule limits a parent’s right to ask for revisions of their child’s IFSP or to invoke due process procedures.

Stat. Auth.: ORS 343.475, 343.521
Stats. Implemented: ORS 343.475, 343.521, 34 CFR 300.101, 34 CFR 303.409,
Hist.: EB 23-1992, f. & cert. ef. 6-23-92; EB 4-1995, f. & cert. ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; ODE 1-2004, f. & cert. ef. 1-15-04; Renumbered from 581-015-0990, ODE 10-2007, f. & cert. ef. 4-25-07;ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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 without disabilities participate; and

(2) The determination of the appropriate setting for providing EI services to an infant or toddler with a disability, including any justification for not providing a particular EI service in the natural environment is:

(a) Made by the IFSP Team (which includes the parent and other team members);

(b) Consistent with the provisions of OAR-581-2700and 581-015-2815(3)(h);

(c) Based on the child’s outcomes which are identified by the IFSP team.

Stat. Auth.: ORS 343.475
Stats. Implemented: ORS 343.475, 343.495, 34 CFR 303.344
Hist.: ODE 24-2000, f. & cert. ef. 10-16-00; Renumbered from 581-015-0995, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

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 three and older, contractors and subcontractors may provide service coordination as an ECSE service.

(3) The service coordinator must:

(a) Coordinate all services across agency lines by serving as a single point of contact in helping parents obtain the services and assistance they need;

(b) Assist and enable parents of eligible children in gaining access to required EI services and other services identified in the IFSP;

(c) Facilitate the timely delivery of available services and conduct follow- up activities to determine that appropriate services are provided;

(d) Continuously seek the appropriate services in situations necessary to benefit the development of each child being served for the duration of the child’s eligibility;

(e) Coordinate the performance of evaluation and assessments;

(f) Facilitate and participate in the development, review, and evaluation of IFSPs;

(g) Assist families in identifying available service providers;

(h) Coordinate and monitor the delivery of available services and other services that are identified in the IFSP to the child or family, including making appointments and referrals to providers for needed services;

(i) Inform families of their rights, their procedural safeguards, and the availability of advocacy services;

(j) Coordinate with medical and health providers;

(k) Facilitate the development of a transition plan to preschool, ECSE services, or other early childhood service, if appropriate; and

(l) Coordinate the funding sources for services required under this part.

Stat. Auth.: ORS 343.475
Stats. Implemented: ORS 343.475, 343.523, 34 CFR 303.34
Hist.: EB 4-1995, f. & cert. ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; Renumbered from 581-015-1120, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-015-2863

Procedures for EI/ECSE Complaints

OAR 581-015-2030 applies for EI and ECSE programs.

Stat. Auth.: ORS 343.041
Stats. Implemented: ORS 343.041, 34 CFR 300.151-153; 34 CFR 300.504(a)(2)
Hist.: ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-015-2870

Due Process Hearings

OAR 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 hearings;

(3) The Department must submit a copy of the hearing decision to the State Advisory Council for Special Education and the State Interagency Coordinating Council.

Stat. Auth.: ORS 343.475, 343.531
Stats. Implemented: ORS 343.475, 343.531
Hist.: EB 23-1992, f. & cert. ef. 6-23-92; EB 4-1995, f. & cert. ef. 1-24-95; EB 10-1996, f. & cert. ef. 6-26-96; ODE 24-2000, f. & cert. ef. 10-16-00; Renumbered from 581-015-1030, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-015-2885

Preschool Children with Disabilities Covered by Public Insurance

(1) Applicability: For purposes of OAR 581-015-2885, IDEA Part C requirements apply to children ages birth to age three; IDEA Part B requirements apply to children ages three and above.

(2) For purposes of this rule the term “public benefits” means public insurance including but not limited to Medicaid.

(3) The contractor or subcontractor may use a child or family’s public benefits to provide or pay for early intervention or a Free Appropriate Public Education, as permitted under the public insurance program and the requirements of this rule.

(4) The contractor or subcontractor may not require a parent to sign up for, or enroll in, public benefits to receive early intervention services under Part C or a free appropriate public education (FAPE) under Part B.

(5) For a child under age three, the contractor or subcontractor:

(a) Must obtain, prior to using public benefits, parent consent if the child or family is not enrolled in the public benefits program or if that use would:

(A) Decrease available lifetime coverage or any other insured benefit;

(B) Result in the family paying for services that would otherwise be covered by the public benefits;

(C) Increase premiums or lead to the discontinuation of insurance; or

(D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.

(b) Must provide, if the parent does not consent to use of their public benefits, the early intervention services on the IFSP for which the parent has provided consent.

(c) Must provide written notification, prior to using public benefits, to the parents that includes:

(A) A statement that parental consent must be obtained before the contractor or subcontractor discloses a child’s personally identifiable information to the State Medicaid Agency for billing purposes;

(B) A statement of the no-cost protection provision in subsection (5)(a-b) that early intervention services on the IFSP must still be made available if the parent has consented to these services;

(C) A statement that the parents have the right to withdraw their consent to disclose personally identifiable information to the public agency responsible for the administration of public benefits or insurance program (e.g., Medicaid) at any time; and

(D) A statement of the general cost categories that the parent would incur as a result of participating in a public benefits program.

(d) May pay any costs incurred as a result of using public benefits for early intervention services, such as a deductible or copayment.

(6) For a child over age three, the contractor or subcontractor:

(a) Must obtain parent consent for releasing information to the state Medicaid agency necessary to access public insurance for the period of time covered by the child’s IFSP;

(b) Must notify parents that the parents’ refusal to allow access to their public benefits does not relieve the contractor or subcontractor of responsibility to ensure that all required services are provided at no cost to the parents;

(c) May not require parents to incur an out-of-pocket expense such as the payment of deductible or co-pay amount incurred in filing a claim for services,

(d) May not use a child’s benefits under a public insurance program if that use would:

(A) Decrease available lifetime coverage or any other insured benefit;

(B) Result in the family paying for services that would otherwise be covered by the public benefits;

(C) Increase premiums or lead to the discontinuation of insurance; or

(D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.

(e) May use its Part B funds to pay for the service to ensure FAPE; and

(f) May use its Part B funds to pay the cost the parents otherwise would have to pay to use public benefits (e.g., the deductible or co-pay amounts).

(7) Proceeds from public benefits are not treated as program income for purposes of 34 CFR 80.25.

(8) If a contractor or subcontractor spends reimbursements from federal funds (e.g., Medicaid) for early intervention, special education and related services, those funds will not be considered “state or local” funds for purposes of the maintenance of effort provisions.

(9) Nothing in this section should be construed to alter the requirements imposed on a state Medicaid agency, or any other agency administering a public insurance program by federal statute, regulations or policy under applicable titles of the Social Security Act, or any other public insurance program.

Stat. Auth.: ORS 343.475
Stats. Implemented: ORS 343.475, 343.495, 34 CFR 303.520, 34 CFR 303.521
Hist.: ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-1051, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-015-2890

Preschool Children with Disabilities Covered by Private Insurance

(1) With regard to services required to provide FAPE to a preschool child over age three or EI services to a child under the age of three, a contractor or subcontractor may access a parent’s private insurance proceeds only if the parent provides informed consent consistent with this rule and applicable federal requirements related to confidentiality of personally identifiable information.

(2) For a child under the age of three, when the contractor or subcontractor proposes to access the parent’s private insurance to pay for the initial provision of early intervention services, it must:

(a) Obtain parent consent in accordance with this rule; and whenever personally identifiable information is released due to an increase in frequency, length, duration, or intensity in the provision of services on the child’s IFSP;

(b) Inform the parents of any of the State’s payment policies and identify potential costs that the parent may incur when their private insurance is used to pay for services;

(c) Not permit use of private insurance to;

(A) Count towards or result in a loss of benefits due to the annual or lifetime insurance coverage caps, to the parent, or the child’s family members who are covered by the policy;

(B) Negatively affect the availability of insurance to the child, the parent, or the child’s family members who are covered under the insurance policy, and insurance coverage may not be discontinued for these individuals due to the use of the insurance to pay for services; or

(C) Be the basis for increasing insurance premiums of the child, the parent, or the child’s family members covered under the insurance policy.

(3) For a child above the age of three, the contractor or subcontractor must obtain consent each time it proposes to access the parents’ private insurance.

(a) If a public agency is unable to obtain parental consent to use the parent’s private insurance, to ensure the provision of FAPE, the public agency may use its Part B funds to pay for the service.

(b) To avoid financial cost to parents who otherwise would consent to use private insurance, if the parent would incur a cost, the public agency may use its Part B funds to pay the cost the parents otherwise would have to pay to use the parent’s insurance (e.g., the deductible or co-pay amounts).

(4) For all preschool children, the contractor or subcontractor must inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.

(5) Proceeds from private insurance will not be treated as program income.

Stat. Auth.: ORS 343.475
Stats. Implemented: ORS 343.475, 343.495, 34 CFR 303.520(b), 34 CFR 300.154
Hist.: ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-1052, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-021-0220

Definitions

As used in OAR 581-021-0220 through 581-021-0440, the following definitions apply:

(1) “Attendance” includes, but is not limited to:

(a) Attendance in person or by correspondence; and

(b) The period during which a person is working under a work-study program.

(2) “Directory Information” means those items of personally identifiable information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may include, and is not limited to, the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended. (3) “Disclosure” means to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records, to any party, by any means, including oral, written, or electronic means.

(4) “Disciplinary action or proceeding” means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution.

(5) “Educational Agency or Institution” means any public or private school, education service district, state institution, private agency or youth care center providing educational services to students birth through age 21, and through Grade 12, that receives federal or state funds either directly or by contract or subcontract with the Department under any program administered by the U.S. Secretary of Education or the Department.

(6) “Education Records”:

(a) The term means those records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution;

(b) The term does not include:

(A) Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

(B) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of OAR 581-021-0225.

(C) Records relating to an individual who is employed by an educational agency or institution, that are made and maintained in the normal course of business, that relate exclusively to the individual in that individual’s capacity as an employee and that are not available for use for any other purpose. Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under this subsection;

(D) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:

(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

(ii) Made, maintained, or used only in connection with treatment of the student; and

(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.

(E) Records that only contain information relating to activities in which an individual engaged after he or she is no longer a student at that agency or institution;

(F) Medical or nursing records which are made or maintained separately and solely by a licensed health care professional who is not employed by the educational agency or institution, and which are not used for education purposes of planning.

(7) “Eligible Student” means a student who has reached 18 years of age, or a student who is attending only an institution of postsecondary education and is not enrolled in a secondary school.

(8) “Institution of Postsecondary Education” means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond Grade 12) at which secondary education is provided.

(9) “Parent” means a parent of a student and includes a natural parent, a guardian, an individual authorized in writing to act as a parent in the absence of a parent or a guardian, or a surrogate parent appointed to represent a student with disabilities. The term does not include the state if the child is a ward of the state and the student is eligible for special education services or is suspected of being eligible for special education services under state and federal law.

(10) “Party” means an individual, agency, institution, or organization.

(11) “Permanent record” means the educational record maintained by the educational agency or institution which includes:

(a) Name and address of the educational agency or institution;

(b) Full legal name of the student;

(c) Student’s birth date and place of birth;

(d) Name of parents/guardians;

(e) Date of entry into the school;

(f) Name of school previously attended;

(g) Courses of study and marks received;

(h) Data documenting a student’s progress toward achievement of state standards and must include a student’s Oregon State Assessment results;

(i) Credits earned;

(j) Attendance;

(k) Date of withdrawal from school;

(l) Social security number, subject to subsection (1)(j) of this rule; and

(m) Such additional information as the educational agency or institution may prescribe.

(12) “Personally Identifiable Information” is information as defined in the Family Educational Rights and Privacy Act (FERPA) and OAR 581-015-2700, this includes but is not limited to:

(a) The student’s name;

(b) The name of the student’s parent or other family member;

(c) The address of the student or student’s family;

(d) A personal identifier, such as the student’s social security number or student number;

(e) A list of personal characteristics that would make the student’s identity easily traceable; and

(f) Other information that would make the student’s identity easily traceable.

(13) “Record” means any information recorded in any way including, but not limited to, handwriting, print, tape, film, microfilm and microfiche.

(14) “Student” means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

(15) “Substitute care program” means family foster care, family group home care, parole foster care, family shelter care, adolescent shelter care and professional group care.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 326.565 & 34 CFR § 99.3
Stats. Implemented: ORS 326.565
Hist.: EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93; EB 5-1994, f. & cert. ef. 4-29-94; EB 20-1995, f. & cert. ef. 7-25-95; ODE 8-2007, f. & cert. ef. 3-1-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

581-021-0270

Rights of Inspection and Review of Education Records

(1) Except as limited under FERPA and IDEA, each educational agency or institution shall permit a parent, an eligible student, or a representative of a parent if authorized in writing by the parent, to inspect and review the education records of the student.

(2) The educational agency or institution shall comply with a request for access to records:

(a) Within a reasonable period of time and without unnecessary delay;

(b) For children with disabilities under OAR 581-015-0051, before any meeting regarding an IEP, or any due process hearing, or any resolution session related to a due process hearing; and

(c) In no case more than 45 days after it has received the request.

(d) For children under three years old who receive EI services, in no case more than 10 days after the request has been made.

(3) The educational agency or institution shall respond to the reasonable requests for explanations and interpretations of the records.

(4) If a parent or an eligible student so requests, the educational agency or institution shall give the parent or eligible student a copy of the student’s education records pursuant to ORS 192.440, except that no copy of test protocols, test questions and answers, and other documents described in 192.501(4) shall be provided unless authorized by federal law.

(5) The educational agency or institution shall not destroy any education records if there is an outstanding request to inspect and review the records under this rule.

(6) While an education agency or institution is not required to give an eligible student access to treatment records under the definition of “education records” in OAR 581-021-0220(6)(b)(D), the student may, at his or her expense, have those records reviewed by a physician or other appropriate professional of the student’s choice.

Stat. Auth.: ORS 192.440, 192.501(4), 326.565 & 34 CFR § 99.10, 34 CFR 303.405(a)
Stats. Implemented: ORS 326.565
Hist.: EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93; EB 5-1994, f. & cert. ef. 4-29-94; EB 20-1995, f. & cert. ef. 7-25-95; ODE 8-2007, f. & cert. ef. 3-1-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​