Or. Admin. R. 581-015-2140 - Deafblindness

(1) Definition of "Deafblindness": For early intervention, early childhood special education, and school age special education, "Deafblindness" means having impairments in both hearing and vision, the combination of which causes such severe communication and other developmental and educational needs that the child cannot be accommodated in special education programs designed solely for students who are deaf or are hard of hearing or have a visual impairment.

(2) Comprehensive Evaluation: If a child is suspected of having deafblindness, a comprehensive evaluation must be conducted for early intervention, early childhood special education, or school age special education services, including the following:

(a) The minimum evaluation procedures for deaf or hard of hearing and vision impairment under OAR 581-015-2150 and 581-015-2180, respectively;

(b) If the child demonstrates inconsistent or inconclusive responses in an assessment of one sensory area, a functional assessment must be administered by a state licensed educator of the visually impaired, a state licensed educator of the deaf or hard of hearing or an audiologist licensed by the State Board of Examiners for Speech-Language Pathology and Audiology.

(3) Eligibility Criteria: To be eligible as a child with deafblindness for early intervention, early childhood special education, or school age special education services, the child must meet one or more of the following minimum criteria:

(a) The child meets the minimum criteria for both vision impairment and deaf or hard of hearing under OAR 581-015-2150 and 581-015-2180, respectively; or

(b) The child meets the minimum criteria for either vision impairment or deaf or hard of hearing and demonstrates inconsistent or inconclusive responses in an assessment of the other sensory area; or

(c) The child meets the minimum criteria for either vision impairment or deaf or hard of hearing and has a degenerative disease or pathology that affects the acuity of the other sensory area.

(4) Eligibility Determination: To be eligible for services as a child with deafblindness for early intervention, early childhood special education, or school age special education services, the eligibility team must also determine that:

(a) The child has deafblindness 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.

Notes

Or. Admin. R. 581-015-2140

1EB 29-1978, f. & ef. 7-20-78; 1EB 18-1983(Temp), f. & ef. 12-20-83; Reverted to 1EB 29-1978, f. & ef. 7-20-78; 1EB 7-1986, f. & ef. 2-24-86; EB 25-1991(Temp), f. & cert. ef. 11-29-91; EB 16-1992, f. & cert. ef. 5-13-92; EB 22-1995, f. & cert. ef. 9-15-95; ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00; ODE 8-2001, f. & cert. ef. 1-29-01; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0051(3), ODE 10-2007, f. & cert. ef. 4-25-07; ODE 10-2023, amend filed 03/29/2023, effective 3/29/2023

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