Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Definition of "Deaf or Hard of Hearing": "Deaf or hard of hearing" means an
impairment in hearing, whether permanent or fluctuating, that is so severe that
the child is impaired in processing linguistic information through hearing,
with or without amplification.
(a) For early
intervention: this impairment in hearing must currently affect or have the
potential to significantly affect an infant or toddler's developmental
progress. The infant or toddler's hearing level does not need to be presently
affecting their development for the infant or toddler to be eligible for early
intervention services.
(b) For
early childhood and school age special education: this impairment in hearing
must adversely affect the child's developmental progress (age 3 to 5) or
educational performance (age 5 to 21).
(2) Comprehensive Evaluation: If a child is
suspected of being deaf or hard of hearing, a comprehensive evaluation for
early intervention, early childhood special education, or school age special
education services must be conducted, including the following:
(a) Documentation of an audiological
assessment as defined in OAR 581-015-2000;
(A)
The audiological assessment must indicate whether the hearing loss is
conductive hearing loss or sensorineural hearing loss.
(B) For conductive hearing loss, a medical
examination as defined in OAR 581-015-2000 that documents whether the hearing
loss is treatable.
(b)
For early intervention, any additional evaluations or assessments necessary to
identify the infant or toddler's needs.
(c) For early childhood and school age
special education: Any additional assessments necessary to determine the impact
of the suspected disability:
(A) On the
child's developmental progress for a preschool child (age 3 through 5);
or
(B) On the child's educational
performance for a school-age child (age 5 through 21); and
(C) Any additional evaluations or assessments
necessary to identify the child's developmental or educational needs.
(3) Eligibility
Criteria: To be eligible as a child who is deaf or hard of hearing for early
intervention, early childhood special education, or school age special
education, the child must meet the following criteria
(a) The child must have hearing thresholds in
at least one ear of 25 dBHL or greater at two or more consecutive frequencies
at 500 Hz, 1000 Hz, 2000 Hz, 4000 Hz, 6000 Hz and 8000 Hz; or
(b) The hearing loss is due to auditory
neuropathy spectrum disorder (ANSD) or aural microtia/atresia, as determined by
documentation of an audiological assessment as defined by OAR
581-015-2000.
(4)
Eligibility Determination: For a child to be eligible for early intervention,
early childhood special education, or school age special education services as
a child who is deaf or hard of hearing, the eligibility team must determine
that:
(a) The child is deaf or hard of hearing
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
