Or. Admin. R. 581-015-2795 - ECSE Eligibility
(1) Upon
completing the administration of tests and other evaluation materials, the
designated referral and evaluation agency must determine, through a team,
whether a child is eligible for ECSE services by following the procedures in
this rule.
(2) The team must
include the parents, in accordance with OAR 581-015-2750, and two or more
professionals, at least one of whom is knowledgeable and experienced in the
evaluation and education of children with the suspected disability. The team
may be the child's IFSP team.
(3)
In determining eligibility for a child suspected of having a specific learning
disability, the team must also include:
(a)
The child's preschool teacher or, if the child does not have a preschool
teacher, a preschool teacher qualified to teach a child of his or her age;
and
(b) A person qualified to
conduct individual diagnostic examinations of children, such as a psychologist,
speech-language pathologist, or other qualified personnel.
(4) To be eligible for ECSE services, the
child must meet the following minimum criteria:
(a) Categorical. The child meets the minimum
criteria for one of the disability categories in OAR 581-015-2130 through
581-015-2180; or
(b) Developmental
delay.
(A) The child has a developmental
delay of 1.5 standard deviations or more below the mean in two or more of the
developmental areas listed under OAR 581-015-2780(3)(c);
(B) The child's disability has an adverse
impact on the child's developmental progress; and
(C) The child needs ECSE services.
(5) The team must
prepare an evaluation report and a written statement of eligibility.
(a) The evaluation report(s) must describe
and explain the results of the evaluation conducted.
(b) The written statement of eligibility must
include:
(A) A list of the evaluation data
considered in determining the child's eligibility;
(B) A determination of whether the child
meets the minimum criteria for ECSE as described in (4) of this part;
(c) A determination of whether the
primary basis for the suspected disability is:
(A) Lack of instruction in reading or math;
or
(B) Limited English
proficiency.
(d) A
determination of whether the child's disability has an adverse impact on the
child's developmental progress;
(e)
A determination of whether, as a result of the disability the child needs ECSE
services; and
(f) The signature of
each member of the team indicating agreement or disagreement with the
eligibility determination.
(6) When determining eligibility for a child
suspected of having a specific learning disability, the team must prepare a
written report following the procedures in OAR 581-015-2170.
(7) The team may not determine that a child
is eligible for ECSE services if:
(a) The
determinant factor for that eligibility determination is:
(A) Lack of appropriate instruction in
reading (including the essential components of reading) or math; or
(B) Limited English proficiency;
and
(b) The child does
not otherwise meet the eligibility criteria under this rule.
(8) For a child who may have
disabilities in more than one category, the team need only qualify the child
for ECSE services under one disability category, however;
(a) The child shall be evaluated in all areas
of suspected disability; and
(b)
The child's IFSP shall address all of the child's special education
needs.
(9) The team must
give the parents a copy of the eligibility statement and evaluation report.
(10) The contractor or
subcontractor must notify the child's resident school district upon
determination of eligibility for ECSE services.
Notes
Stat. Auth.: ORS 343.513
Stats. Implemented: ORS 343.513
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.