Current through Register Vol. 63, No. 9, September 1, 2024
(1) Upon
completing the administration of assessments and other evaluation materials, a
team must determine whether the child is a child with a disability under OAR
581-015-2130 through 581-015-2180 and the educational needs of the child.
(a) The team must include the parent, in
accordance with OAR 581-015-2190, and two or more qualified professionals, at
least one of whom is knowledgeable and experienced in the evaluation and
education of children with the suspected disability. This team may be the
child's IEP team.
(b) For a child
suspected of having a specific learning disability, the team must meet the
requirements of OAR 581-015-2170.
(2) The team must prepare an evaluation
report and 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 evaluation criteria for one of the disability categories in
OAR 581-015-2130 through 581-015-2180 or 581-015-2795;
(C) A determination of whether the primary
basis for the suspected disability is:
(i) A
lack of appropriate instruction in reading (including the essential components
of reading) or math; or
(ii)
Limited English proficiency;
(D) A determination of whether the child's
disability has an adverse impact on the child's educational performance;
(E) A determination of whether, as
a result of the disability, the child needs special education services;
and
(F) The signature of each
member of the team indicating agreement or disagreement with the eligibility
determination.
(c) For a
child suspected of having a specific learning disability, the team's written
report and documentation of determination of eligibility must meet the
requirements of OAR 581-015-2170.
(3) The team must determine a child to be
eligible under this rule if the child has a disability and needs special
education and related services, even though the child is advancing from grade
to grade.
(4) For a child who may
have disabilities in more than one category, the team need only qualify the
child under one disability category. However, the child must be evaluated in
all areas related to the suspected disability or disabilities, and the child's
IEP must address all of the child's special education needs.
(5) The team may not find a child eligible
for special education services if:
(a) The
determinant factor for that eligibility decision is:
(A) Lack of appropriate instruction in
reading, including the essential components of reading instruction, or lack of
appropriate instruction in math; or
(B) Limited English proficiency;
and
(b) The child does
not otherwise meet the eligibility criteria under OAR 581-015-2130 through
581-015-2180.
(6) The
school district must provide a copy of the evaluation report and the
documentation of determination of eligibility to the parent at no
cost.
Stat. Auth.: ORS
343.045,
343.146,
343.157
Stats. Implemented: ORS
343.035,
343.146,
343.157,
34 CFR
300.306,
300.308,
300.111
