Current through Register Vol. 63, No. 12, December 1, 2024
(1) Definition of "Specific Learning
Disability": For early childhood and school age special education, "Specific
Learning Disability" means a disorder in one or more of the basic psychological
processes involved in understanding or in using language, spoken or written,
which may manifest itself in an imperfect ability to listen, think, speak,
read, write, spell or do mathematical calculations. Specific learning
disability includes conditions such as perceptual disabilities, brain injury,
dyslexia, minimal brain dysfunction, and developmental aphasia. The term does
not include learning problems that are primarily the result of visualor motor
disabilities, deaf or hard of hearing, intellectual disability, emotional
behavior disability, or environmental, cultural, or economic
disadvantage.
(2) Comprehensive
Evaluation: If a child is suspected of having a specific learning disability, a
comprehensive evaluation must be conducted for early childhood or school age
special education services, including the following:
(a) Academic assessment. An assessment of the
child's academic achievement toward Oregon grade-level standards;
(b) Review. A review of cumulative records,
previous IEPs or IFSPs and teacher collected work samples;
(c) Observation. An observation of the child
in the child's learning environment (including the regular classroom setting)
to document the child's academic performance and behavior in the areas of
difficulty, which must consist of:
(A)
Information from an observation by a qualified professional in routine
classroom instruction and monitoring of the child's performance before the
child was referred for an evaluation; or
(B) An observation conducted by a qualified
professional (who is a member of the evaluation team) of the child's academic
performance in a regular classroom after the child has been referred for an
evaluation and parent consent obtained; or
(C) For a child who is less than school age
or out of school, an observation in an age-appropriate environment.
(d) Progress monitoring data,
including:
(A) Data that demonstrate that
before, or as part of, the referral process, the child was provided appropriate
instruction in regular education settings, delivered by qualified personnel;
and
(B) Data-based documentation of
repeated assessments of achievement at reasonable intervals, reflecting formal
assessment of student progress that is directly linked to
instruction.
(e) For a
student evaluated using a response to intervention model as part of a
comprehensive evaluation process to determine if the child has a specific
learning disability, the evaluation must include documentation of:
(A) The type, intensity, and duration of
scientific, research-based instructional intervention(s) provided in accordance
with the district's response to intervention model;
(B) The student's rate of progress during the
instructional intervention(s);
(C)
A comparison of the student's rate of progress to expected rates of
progress.
(D) Progress monitoring
on a schedule that:
(i) Allows a comparison of
the student's progress to the performance of peers;
(ii) Is appropriate to the student's age and
grade placement;
(iii) Is
appropriate to the content monitored; and
(iv) Allows for interpretation of the
effectiveness of intervention.
(f) For a student evaluated using a model
that is based on the student's strengths and weaknesses, the evaluation must
include an assessment of the student's strengths and weaknesses in classroom
performance and academic achievement, relative to age, Oregon grade-level
standards, or intellectual development.
(g) Other:
(A) If needed, a developmental
history;
(B) If needed, an
assessment of cognition, fine motor, perceptual motor, communication, social or
emotional, and perception or memory if the child exhibits impairment in one or
more these areas;
(C) If needed, a
medical statement or health assessment indicating whether there are any
physical factors that may be affecting the child's educational performance;
and
(D) Any other assessments
required to determine the impact of the suspected disability:
(i) On the child's educational performance
for a school-age child; or
(ii) On
the child's developmental progress for a preschool child.
(3) Eligibility Team:
For consideration of eligibility in the area of specific learning disabilities,
the eligibility team must include:
(a) A group
of qualified professionals and the parent;
(b) The child's regular classroom teacher or,
if the child does not have a regular classroom teacher, a regular classroom
teacher qualified to teach a child of his or her age, or, for a child of less
than school age, a preschool teacher; and
(c) A person qualified to conduct individual
diagnostic examinations of children, such as a school psychologist,
speech-language pathologist, or other qualified professional.
(4) Eligibility Criteria: To be
eligible as a child with a specific learning disability for early childhood or
school age special education services, the child must meet all of the minimum
criteria:
(a) The child does not achieve
adequately for the child's age or to meet Oregon grade-level standards in one
or more of the following areas when provided with learning experiences and
instruction appropriate for the child's age or Oregon grade-level standards:
(A) Basic reading skills:
(B) Reading fluency skills;
(C) Reading comprehension;
(D) Mathematics calculation;
(E) Mathematics problem-solving;
(H) Listening comprehension.
(b) For a student evaluated using
a response to intervention model, in relation to one or more of the areas in
subsection (3)(a), the student does not make sufficient progress to meet age or
Oregon grade-level standards based on the student's response to scientific,
research-based intervention.
(c)
For a student evaluated using a model that is based on the student's strengths
and weaknesses, in relation to one or more of the areas in subsection (3)(a),
the student exhibits a pattern of strengths and weaknesses in classroom
performance, academic achievement, or both, relative to age, Oregon grade-level
standards, or intellectual development, that is determined by the group to be
relevant to the identification of a specific learning disability.
(d) The child's rate of progress in
subsection (3)(b) or pattern of strengths and weaknesses in subsection (3)(c)
is not primarily the result of:
(A) A visual,
or motor impairment; deaf or hard of hearing; intellectual disability or
emotional behavior disability;
(C) Environmental
or economic disadvantage; or
(D)
Limited English proficiency.
(5) Eligibility Determination: For a child to
be eligible for early childhood or school age special education services as a
child with a specific learning disability, the eligibility team must also
determine that:
(a) The child has a specific
learning 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.
(6) Eligibility Report: The eligibility team
must prepare an evaluation report and written statement of eligibility
documenting its findings, including:
(a) The
evaluation data considered in determining the child's eligibility;
(b) A determination of whether the child
meets the minimum criteria for a specific learning disability;
(c) The relevant behavior, if any, noted
during the observation of the child and the relationship of that behavior to
the child's academic functioning;
(d) The educationally relevant medical
findings, if any;
(e) If the child
participated in a response to intervention process, documentation that the
parents were notified in a timely manner about: the state's policies regarding
the amount and nature of student performance data that would be collected, and
the general education services that would be provided, as part of the response
to intervention process; strategies for increasing the child's rate of
learning; and the parent's right to request an evaluation.
(f) The determination of the team concerning
the effects of a visual, or motor disability; deaf or hard of hearing;
intellectual disability; emotional behavior disability; cultural factors;
environmental or economic disadvantage; or limited English proficiency on the
child's achievement level; and
(g)
A determination of whether the primary basis for the suspected disability is:
(A) A lack of appropriate instruction in
reading or math; or
(B) Limited
English proficiency;
(h)
A determination of whether the child's disability has an adverse impact on the
child's educational performance;
(i) A determination of whether, as a result
of the disability, the child needs special education services; and
(j) The signature of each member of the team
indicating agreement or disagreement with the eligibility
determination.
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
