Current through Register Vol. 63, No. 9, September 1, 2024
(1) General: A public agency must conduct an
evaluation or reevaluation process in accordance with this rule and
581-015-2110 before:
(a) Determining that a
child is a child with a disability under OAR 581-015-2130 through
581-015-2180;
(b) Determining that
a child continues to have a disability under OAR 581-015-2130 through
581-015-2180;
(c) Changing the
child's eligibility, or
(d)
Terminating the child's eligibility as a child with a disability, unless the
termination is due to graduation from high school with a regular diploma or
exceeding the age of eligibility for a free appropriate public education under
OAR 581-015-2045.
(2)
Request for initial evaluation: Consistent with the consent requirements in OAR
581-015-2090, a parent or public agency may initiate a request for an initial
evaluation to determine if a child is a child with a disability.
(3) When initial evaluation must be
conducted:
(a) An initial evaluation must be
conducted to determine if a child is eligible for special education 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 educational performance; and
(B) The child may need special education
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 581-015-2190.
(4) Reevaluation:
(a) The public agency must ensure that a
reevaluation of each child with a disability is conducted in accordance with
OAR 581-015-2115, subject to subsection (b) and OAR 581-015-2110(2):
(A) If the public agency determines that the
educational or related services needs, including improved academic achievement
and functional performance, of the child warrant a reevaluation; or
(B) If the child's parents or teacher
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.
(5) Summary of Achievement and Performance:
For a student whose eligibility terminates due to graduation with a regular
diploma or exceeding the age of eligibility, a school district must provide the
student with a summary of the student's academic achievement and functional
performance, including recommendations on how to assist the student in meeting
the student's postsecondary goals.
Stat. Auth.: ORS
343.041,
343.157
Stats. Implemented: ORS
343.146,
343.157,
34 CFR
300.301,
300.303
