Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Definition of "Autism Spectrum Disorder": For early intervention, early
childhood special education, and school age special education, "Autism Spectrum
Disorder" means a developmental disability that includes persistent deficits in
social communication and social interaction across multiple contexts; and
restricted, repetitive patterns of behavior, interests, or activities.
Characteristics are generally evident before age three but may not become fully
evident until social demands exceed limited capacities, or may be masked by
learned strategies. Characteristics cause educationally and developmentally
significant impairment in social, occupational, or other important areas of
current functioning. The term does not apply if a child's educational
performance is adversely affected primarily because the child has an emotional
behavior disability. However, a child who qualifies for special education under
autism spectrum disorder may also have an emotional behavior disability as a
secondary disability if the child meets the criteria under emotional behavior
disability. The term "Autism Spectrum Disorder" is equivalent to the term
"autism" used in 34 CFR
§
300.8.
(2) Comprehensive Evaluation: If a child is
suspected of having autism spectrum disorder, a comprehensive evaluation must
be conducted for early intervention, early childhood special education or
school age special education services, including the following:
(a) Developmental history as defined in OAR
581-015-2000.
(b) Information from
parents and other knowledgeable individuals regarding the child's historical
and current characteristics that are associated with an autism spectrum
disorder, including:
(A) Deficits in social
communication and social interaction across multiple contexts as manifested by
deficits in social-emotional reciprocity, nonverbal communicative behaviors
used for social interaction, and developing, maintaining, and understanding
relationships; and
(B) Restricted,
repetitive patterns of behavior, interests, or activities, as manifested by
stereotyped or repetitive motor movements, use of objects, or speech;
insistence on sameness, inflexible adherence to routines, or ritualized
patterns of verbal or nonverbal behavior; highly restricted, fixated interests
that are abnormal in intensity or focus; hyper-or hypo-reactivity to sensory
input or unusual interest in sensory aspects of the environment.
(c) Observations. Three
observations of the child's behavior; at least one of which involves direct
interactions with the child, and at least one of which involves direct
observation or video of the child's interactions with one or more peers in an
unstructured environment when possible, or with a familiar adult. The
observations must occur in multiple environments, on at least two different
days, and be completed by one or more licensed professionals knowledgeable
about the behavioral characteristics of autism spectrum disorder.
(d) Social Communication Assessment.
Assessments conducted by a speech and language pathologist licensed by the
State Board of Examiners for Speech-Language Pathology and Audiology or the
Teacher Standards and Practices Commission, in reference to developmental
expectations and that address the characteristics of autism spectrum disorder
to develop a profile of:
(A) Functional
receptive and expressive communication, encompassing both verbal (level of
spoken language) and nonverbal skills;
(B) Pragmatics across natural contexts;
and
(C) Social understanding and
behavior, including social-emotional reciprocity.
(e) Standardized Autism Identification Tool.
One or more valid and reliable standardized rating scales, observation
schedules, or other assessments that identify core characteristics of autism
spectrum disorder.
(f) Medical
Examination. Documentation of a medical examination shall be completed for
children age birth to five for initial eligibility determinations, and may be
completed for children age five and above, as determined necessary by the team.
The purpose of a medical examination is to ensure consideration of other health
and/or physical factors that, for a child age birth to 5, may impact the
child's developmental performance or, for a child age 5 to 21, may impact the
child's educational performance. A medical diagnosis of autism spectrum
disorder is not required to determine eligibility.
(g) Vision and Hearing Screening. Review
existing screening or, if none, conduct a new screening.
(h) Other.
(A) Any additional assessments that may
include, measures of cognitive, adaptive, academic, behavioral-emotional,
executive function/self-regulation, or sensory processing necessary to
determine the impact of the suspected disability:
(i) On the child's developmental progress for
a child age birth to 5; or
(ii) On
the child's educational performance for a child age 5 to 21.
(B) Any additional evaluations or
assessments necessary to identify the child's educational needs.
(3) Eligibility
Criteria: To be eligible as a child with autism spectrum disorder for early
intervention, early childhood special education, or school age special
education services, the child must meet all of the following minimum criteria:
(a) The team must have documented evidence
that the child demonstrates a pattern of characteristics defined as all three
social communication deficits, and at least two of the four restricted,
repetitive patterns of behavior, interests, or activities contained in this
section:
(A) Child demonstrates persistent
deficits in social communication and social interaction across multiple
contexts, as evidenced by the all of the following, currently or by history
(examples are illustrative, not exhaustive):
(i) Deficits in social-emotional reciprocity,
ranging, for example, from abnormal social approach and failure of normal
back-and-forth conversation; to reduced sharing of interests, emotions, or
affect; to failure to initiate or respond to social interactions;
(ii) Deficits in nonverbal communicative
behaviors used for social interaction, ranging, for example, from poorly
integrated verbal and nonverbal communication; to abnormalities in eye contact
and body language or deficits in understanding and use of gestures; to a total
lack of facial expressions and nonverbal communication; and
(iii) Deficits in developing, maintaining,
and understanding relationships, ranging, for example, from difficulties
adjusting behavior to suit various social contexts; to difficulties in sharing
imaginative play or in making friends; to absence of interest in
peers.
(B) Restricted,
repetitive patterns of behavior, interests, or activities, as evidenced by at
least two of the following, currently or by history (examples are illustrative,
not exhaustive):
(i) Stereotyped or repetitive
motor movements, use of objects, or speech (e.g., simple motor stereotypes,
lining up toys or flipping objects, echolalia, idiosyncratic
phrases);
(ii) Insistence on
sameness, inflexible adherence to routines, or ritualized patterns of verbal or
nonverbal behavior (e.g., extreme distress at small changes, difficulties with
transitions, rigid thinking patterns, greeting rituals, need to take the same
route or eat the same food every day);
(iii) Highly restricted, fixated interests
that are abnormal in intensity or focus (e.g., strong attachment to or
preoccupation with unusual objects, excessively circumscribed or perseverative
interests); or
(iv) Hyper- or
hypo-reactivity to sensory input or unusual interest in sensory aspects of the
environment (e.g., apparent indifference to pain/temperature, adverse response
to specific sounds or textures, excessive smelling or touching of objects,
visual fascination with lights or movement).
(b) Characteristics are generally evident
before age three, but may not have become fully evident until social demands
exceed limited capacities, or may be masked by learned strategies.
(c) The characteristics of autism spectrum
disorder are not better described by another established or suspected
eligibility for special education services. A child may not be eligible for
special education services on the basis of an autism spectrum disorder if the
child's primary disability is an emotional behavior disability under OAR
581-015-2145. However, a child with autism spectrum disorder as a primary
disability may also have an emotional behavior disability as a secondary
disability.
(4)
Eligibility Determination: To be eligible for services as a child with autism
spectrum disorder, the eligibility team must also determine that:
(a) The child has autism spectrum disorder 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
343.035(1),
343.045,
343.146 &
343.157;
Statutes/Other Implemented: ORS
343.035(1),
343.045,
343.146,
343.157,
34 CFR
300.8 &
300.306
