Current through Register Vol. 63, No. 12, December 1, 2024
(1)
Definition of Intellectual Disability: For early childhood and school age
special education, "Intellectual Disability" means significantly subaverage
general intellectual functioning, and includes a student whose intelligence
test score is two or more standard deviations below the norm on a standardized
individual intelligence test, existing concurrently with deficits in adaptive
behavior and manifested during the developmental period, and that adversely
affects a child's educational performance.
(2) Comprehensive Evaluation: If a child is
suspected of having an intellectual disability, a comprehensive evaluation for
early childhood or school age special education services must be conducted,
including the following:
(a) Intelligence
test. An individually administered standardized intelligence test meeting the
reliability and validity standards of the American Psychological Association
and administered by a licensed school psychologist, a psychologist licensed by
the State Board of Psychological Examiners, or other individual assigned by a
school district who has the training and experience to administer and interpret
individually administered intelligence tests;
(b) Adaptive behavior scale. The
administration of a valid adaptive behavior scale;
(c) Medical examination. If medical
information is needed, documentation of a medical examination as defined in OAR
581-015-2000 describing relevant medical issues or any sensory or physical
factors that may be affecting the child's educational performance;
(d) Developmental history as defined in OAR
581-015-2000;
(e) Other:
(A) Any additional assessments necessary to
determine the impact of the suspected disability:
(i) On the child's educational performance
for a child age 5 to 21; or
(ii) On
the child's developmental progress for a child age birth to 5; and
(B) Any additional evaluations or
assessments necessary to identify the child's educational needs.
(3) Eligibility
Criteria: To be eligible as a child with an intellectual disability for early
childhood or school age special education services, the child must meet all of
the following minimum criteria:
(a) The
child's intelligence test score is 2 or more standard deviations below the
mean;
(b) The child has deficits in
adaptive behavior coexistent with the child's impairment in intellectual
functioning;
(c) The child's
developmental level or educational achievement is significantly below age or
grade norms; and
(d) The child's
developmental or educational problems are not primarily the result of sensory
disabilities or other physical factors.
(4) Eligibility Determination: For a child to
be eligible for early childhood or school age special education services as a
child with an intellectual disability, the eligibility team must also determine
that:
(a) The child has an intellectual
disability as defined in this rule; and
(b) By reason thereof, the child requires
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
