Or. Admin. R. 581-015-2775 - EI Evaluation
(1)
General.
(a) A public agency must conduct an
evaluation or reevaluation process in accordance with this rule before
determining that a child qualifies for early intervention (EI) services,
changing the child's eligibility, or terminating the child's eligibility under
OAR 581-015-2780.
(b) EI
evaluations and reevaluations must be conducted in accordance with OAR
581-015-2790(8) and (9)(b)-(f).
(2) Request for initial evaluation.
Consistent with the consent requirements in OAR 581-015-2730:
(a) A parent or public agency may initiate a
request for an initial evaluation to determine if a child qualifies for EI
services.
(b) A public agency must
refer a child as soon as possible, but in no case more than seven days after
the child has been identified.
(3) When initial evaluation must be
conducted. An initial evaluation must be conducted to determine if a child is
eligible for EI services when a public agency suspects or has reason to suspect
that the child has a disability, developmental delay, or condition likely to
result in developmental delay.
(4)
Evaluation planning. Before conducting any evaluation or reevaluation, the
public agency must conduct evaluation planning in accordance with OAR
581-015-2115.
(5) Notice and
consent.
(a) Before conducting any evaluation
or reevaluation, the public agency must provide notice to the parent in
accordance with OAR 581-015-2745 that describes any evaluation procedures the
agency proposes to conduct as a result of the evaluation planning
process.
(b) Before conducting any
evaluation or reevaluation, the public agency must obtain written consent for
evaluation in accordance with OAR 581-015-2730 and 581-015-2740.
(c) If the public agency refuses an
evaluation or reevaluation requested by the parent, the public agency must
provide the parent with prior written notice under OAR 581-015-2745.
(d) Parents may challenge the public agency's
refusal to conduct an evaluation or reevaluation under OAR
581-015-2870.
(6) EI
Evaluation requirements: An EI evaluation or reevaluation must:
(a) Be conducted by a multidisciplinary team
representing two or more separate disciplines or professions, including persons
who are knowledgeable about the child;
(b) Assess the child's level of functioning
in all the following areas: cognitive development, physical development
including vision and hearing, communication development, social or emotional
development, and adaptive development;
(c) Be based on informed clinical
opinion;
(d) Be completed in time
to conduct the initial IFSP meeting within 45 calendar days from the date of
referral, except when the parent has not provided consent for the initial
evaluation, or the initial assessment of the child, despite documented,
repeated attempts by the lead agency or EI provider to obtain parental consent.
(A) These exceptional circumstances must be
documented in the child's early intervention records and note the extenuating
family circumstances or the lead agency or EI providers attempts to obtain
consent;
(B) The initial
evaluation, assessment, or initial IFSP meeting must be completed as soon as
possible after the documented circumstances described no longer exist or
consent is obtained;
(C) An interim
IFSP should be developed and implemented to the extent appropriate:
and
(e) Include:
(A) For a child suspected of having autism
spectrum disorder, deafblindness, hearing impairment, orthopedic impairment,
traumatic brain injury, or visual impairment, the evaluation requirements in
OAR 581-015-2130 through 581-015-2180 for the respective disability;
or
(B) A diagnosis of a physical or
mental condition as described under in OAR 581-015-2780(3)(b); or
(C) An evaluation for determining a
developmental delay as follows:
(i) At least
one norm-referenced, standardized test addressing the child's level of
functioning in each of the following developmental areas: cognitive; physical
(including vision and hearing); communication; social or emotional; and
adaptive;
(ii) At least one
additional procedure to confirm the child's level of functioning in each area
of suspected delay listed in subsection (6)(e)(C)(i) of this rule;
(iii) At least one 20-minute observation of
the child;
(iv) A review of
previous testing, medical data and parent reports; and
(v) Other evaluative information as necessary
to determine eligibility.
(f) All evaluations and assessments of a
child must be conducted in the native language of the child, unless it is
clearly not feasible to do so.
(7) Reevaluation. A public agency must
conduct a reevaluation of a child receiving early intervention services in
accordance with OAR 581-015-2105 if the public agency determines that the EI
needs of the child warrant a reevaluation, or, subject to subsection (5), if
the child's parent or EI specialist requests a reevaluation.
Notes
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