Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Definition of "Developmental Delay". "Developmental Delay" means,
(a) For early intervention, 2 standard
deviations or more below the mean in one or more of the developmental areas or
1.5 standard deviations below the mean in two or more of the developmental
areas;
(b) For early childhood and
school age special education, 1.5 standard deviations or more below the mean in
two or more of the developmental areas that:
(A) For age 3 to kindergarten, adversely
affects the child's developmental progress;
(B) For kindergarten through age 9, adversely
affects the student's educational performance.
(c) For the purposes of this rule, the
developmental areas are: cognitive development, physical development,
communication development, social or emotional development, and adaptive
development.
(2)
Comprehensive Evaluation: If a child is suspected of having a developmental
delay, a comprehensive evaluation must be conducted for early intervention,
early childhood special education or school age special education services,
including the following:
(a) For early
intervention:
(A) At least one
norm-referenced, standardized test addressing the infant or toddler's level of
functioning in each of the developmental areas;
(B) At least one additional procedure to
confirm the infant or toddler's level of functioning in each area of suspected
delay listed in this rule;
(C) At
least one 20-minute observation of the infant or toddler;
(D) All evaluations and assessments of an
infant or toddler must be conducted in the native language of the child, unless
it is clearly not feasible to do so.
(b) For early childhood and school age
special education:
(A) Developmental history
as defined in OAR 581-015-2000;
(B)
At least one norm referenced, standardized test in each area of suspected
delay;
(C) At least one additional
procedure to confirm the child's level of functioning in each area of suspected
delay;
(D) At least one 20-minute
observation of the child;
(E) Any
additional assessments necessary to determine the impact of the suspected
disability:
(i) On the child's developmental
progress for birth to 5; or
(ii) On
the child's educational performance for 5 to 21.
(c) For early intervention, early
childhood special education, and school age special education:
(A) A review of previous testing, medical
data, and parent reports; and
(B)
Any other evaluative information as necessary to determine
eligibility.
(3) Eligibility Criteria: To be eligible for
services as a child with a developmental delay,
(a) For early intervention, the infant or
toddler must meet one of the following minimum criteria.
(A) 2 or more standard deviations below the
mean in one or more of the developmental areas; or
(B) 1.5 or more standard deviations below the
mean in two or more of the developmental areas; or
(C) Medical examination as defined in OAR
581-015-2000. Documentation of a medical examination which includes a diagnosed
physical or mental condition that has a high probability of resulting in
developmental delay.
(b)
For early childhood and school age special education, the child must meet the
following minimum criteria: 1.5 or more standard deviations below the mean in
two or more of the developmental areas;
(4) Eligibility Determination: To be eligible
for special education services as a child with a developmental delay for early
intervention, early childhood special education, or school age special
education services, the eligibility team must also determine that:
(a) The child has a developmental delay as
defined in this rule; and
(b) By
reason thereof, the child requires early intervention (OAR 581-015-2780), early
childhood special education (OAR 581-015-2795), or school age special education
(OAR 581-015-2120) services.
Statutory/Other Authority: ORS
326.051
Statutes/Other Implemented: ORS
326.051
