Or. Admin. R. 581-015-2205 - IEP Team Considerations and Special Factors
(1) In developing, reviewing and revising the
child's IEP, the IEP team must consider:
(a)
The strengths of the child;
(b) The
concerns of the parents for enhancing the education of their child;
(c) The results of the initial or most recent
evaluation of the child; and
(d)
The academic, developmental, and functional needs of the child.
(2) In developing, reviewing and
revising the child's IEP, the IEP team must consider the following special
factors:
(a) The communication needs of the
child; and
(b) Whether the child
needs assistive technology devices and services.
(3) In developing, reviewing and revising the
IEP of children described below, the IEP team must consider the following
additional special factors:
(a) For a child
whose behavior impedes the child's learning or that of others, consider the use
of positive behavioral interventions and supports, and other strategies to
address that behavior;
(b) For a
child with limited English proficiency, consider the language needs of the
child as those needs relate to the child's IEP;
(c) For a child who is blind or visually
impaired, provide for instruction in Braille and the use of Braille unless the
IEP team determines, after an evaluation of the child's reading and writing
skills, needs, and appropriate reading and writing media (including an
evaluation of the child's future needs for instruction in Braille or the use of
Braille), that instruction in Braille or the use of Braille is not appropriate
for the child; and
(d) For a child
who is deaf or hard of hearing, consider the child's language and communication
needs, opportunities for direct communication with peers and professional
personnel in the child's language and communication mode, academic level, and
full range of needs, including opportunities for direct instruction in the
child's language and communication mode.
(4) If, in considering these special factors,
the IEP team determines that a child needs a particular device or service
(including an intervention, accommodation, or other program modification) for
the child to receive free appropriate public education, the IEP team must
include a statement to that effect in the child's IEP.
(5) Nothing in OAR 581-015-2200 or this rule
may be construed to require the IEP team to include information under one
component of a child's IEP that is already contained under another component of
the child's IEP.
Notes
Stat. Auth.: ORS 343.041, 343.045, 343.055, 343.151
Stats. Implemented: ORS 343.051, 34 CFR 300.320, 300.324(a)(1) & (2), (b)(2)
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