OAR 581-015-2000

The definitions below apply to OARs 581-015-2000 (Definitions)–581-015-2999, unless the context indicates otherwise.


“Adult student” is a student for whom special education procedural safeguard rights have transferred as described in OAR 581-015-2325 (Transfer of Procedural Rights at Age of Majority).


“Assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.


“Assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:


The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment;


Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;


Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;


Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;


Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and
(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.


Intentionally left blank —Ed.


“Children with disabilities” or “students with disabilities” means children or students evaluated in accordance with OAR 581-015-2100 (Responsibility for Evaluation and Eligibility Determination) through 581-015-2180 (Visual Impairment) as having autism spectrum disorder; communication disorder; deafblindness; developmental delay; emotional disturbance; hearing impairment, including deafness; intellectual disability; orthopedic impairment; other health impairment; specific learning disability; traumatic brain injury; or visual impairment, including blindness, and who, by reason thereof, need special education and related services.


If it is determined through an appropriate evaluation in accordance with OAR 581-015-2100 (Responsibility for Evaluation and Eligibility Determination) through 581-015-2180 (Visual Impairment), that a child has one of the disabilities identified in section (4) above, but only needs a related service and not special education, the student is not a student with a disability under this OAR.


If, consistent with OAR 581-015-2000 (Definitions) (29), the related service required by the child is considered special education rather than a related service, the child would be determined to be a child with a disability under this OAR.


The terms used in the definition of a child with a disability are defined as follows:


“Autism Spectrum Disorder” means a developmental disability that includes persistent deficits in social communication and social interaction across multiple contexts; restricted, repetitive patterns of behavior, interests, or activities. Characteristics are generally evident before age three but may not become fully evident until social demands exceed limited capacities, or may be masked by learned strategies. Characteristics cause educationally and developmentally significant impairment in social, occupational, or other important areas of current functioning. The term does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance. However, a child who qualifies for special education under the category of autism spectrum disorder may also have an emotional disturbance as a secondary disability if the child meets the criteria under emotional disturbance. The term “Autism Spectrum Disorder” is equivalent to the term “autism” used in ORS 343.035 (Definitions for chapter) and in 34 CFR §300.8.


“Communication Disorder” means the impairment of speech articulation, voice, fluency, or the impairment or deviant development of language comprehension and/or expression, or the impairment of the use of a spoken or other symbol system that adversely affects educational performance. The language impairment may be manifested by one or more of the following components of language: morphology, syntax, semantics, phonology, and pragmatics.


“Deafblindness” means having both hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that the child cannot be accommodated in special education programs designed solely for students having hearing or visual impairments.
(D) “Developmental Delay” means 1.5 standard deviations or more below the mean in two or more of the following developmental areas for Early Childhood special education and school-aged special education (ages 3-9), that adversely affects a child’s developmental progress when the child is three to kindergarten and the student’s educational performance when the student is kindergarten through age nine:
(i) Cognitive development;
(ii) Physical development;
(iii) Communication development;
(iv) Social or emotional development; and
(v) Adaptive development.


“Emotional Disturbance” means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:
An inability to learn that cannot be explained by intellectual, sensory, or health factors;
An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
Inappropriate types of behavior or feelings under normal circumstances;
A general pervasive mood of unhappiness or depression; or
A tendency to develop physical symptoms or fears associated with personal or school problems;
The term includes schizophrenia but does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.


“Hearing Impairment” means a hearing condition, whether permanent or fluctuating, that adversely affects a child’s educational performance. The term includes those children who are hard of hearing or deaf.


“Intellectual Disability” means significantly sub average general intellectual functioning, and includes a student whose intelligence test score is two or more standard deviations below the norm on a standardized individual intelligence test, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, and that adversely affects a child’s educational performance.


“Orthopedic Impairment” means a motor disability that adversely affects the child’s educational performance. The term includes impairments caused by an anomaly, disease or other conditions (e.g., cerebral palsy, spinal bifida, muscular dystrophy or traumatic injury).


“Other Health Impairment” means limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, that:
Is due to chronic or acute health problems (e.g. a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, attention deficit disorder, attention deficit hyperactivity disorder, leukemia, Tourette’s syndrome or diabetes); and
Adversely affects a child’s educational performance.


“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 visual, hearing, or motor disabilities, intellectual disability, emotional disturbance, or environmental, cultural, or economic disadvantage.


“Traumatic Brain Injury” means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. The term includes open or closed head injuries resulting in impairments in one or more areas, including cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.


“Visual Impairment” means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term visual impairment includes low vision, total blindness, limited visual acuity after correction, restricted visual field, and progressive eye conditions.


“Consent” means that:


The parent or adult student has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language or other mode of communication;


The parent or adult student understands and agrees in writing to the carrying out of the activity for which consent is sought; and the consent describes that activity and lists any records that will be released and to whom; and


The parent or adult student understands that the granting of consent is voluntary and may be revoked at any time in accordance with OAR 581-015-2090 (Consent)(4) or 581-015-2735 (Parent Consent for ECSE).


“Day” means calendar day unless otherwise indicated as:


“Business day,” which means Mondays through Fridays, other than holidays; or as


“School day,” which means any day, including partial days that children are in attendance at school for instructional purposes. The term “school day” has the same meaning for all children in school, including those with and without disabilities.


“Department” means the Oregon Department of Education.


“Developmental History” means gathering information regarding the following: the child’s prenatal and birth history, including prenatal exposure to alcohol, prescription and non-prescription medications, or other drugs; meeting of developmental milestones; socialization and behavioral patterns; health and physical/medical history; family and environmental factors; home and educational performance; trauma or significant stress experienced by the child; and the display of characteristics of any additional learning or behavioral problems.


“EI/ECSE” means early intervention/early childhood special education and refers to services or programs for preschool children with disabilities.


“Elementary or secondary school or facility” means a school or facility with any combination of grades K through 12.


“Evaluation” means procedures used to determine whether the child has a disability, and the nature and extent of the special education and related services that the child needs.


“General education curriculum” means the same curriculum as for children without disabilities (children without disabilities). For preschool children with disabilities, the term means age-appropriate activities.


“Health assessment statement” means a written statement issued by a nurse practitioner licensed by a State Board of Nursing specially certified as a nurse practitioner, or by a physician assistant licensed by a State Board of Medical Examiners. Both a nurse practitioner and a physician assistant must be practicing within his or her area of specialty.


“Homeless children” (or “homeless youth”) has the same meaning as in section 725 of the McKinney-Vento Act, 42 USC § 11434a (2).


“Identification” means the process of determining a child’s disability and eligibility for special education and related services.


“Individualized Education Program” (IEP) means a written statement of an educational program which is developed, reviewed, revised and implemented for a school-aged child with a disability.


“Individualized Family Service Plan” (IFSP) is defined in OAR 581-051-2700.


“Limited English proficient” has the same meaning as in the Elementary and Secondary Education Act, 20 USC § 9101(25).


“Mediation” means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such a time as a resolution is agreed to by the parties or the mediation process is terminated.


“Medical statement” means a written statement issued by a physician licensed by a State Board of Medical Examiners.


“Native language”, when used with respect to a person who is limited English proficient, means the language normally used by that person or, in the case of a child, the language normally used by the parent of the child. For an individual with deafness, blindness, deafblindness or no written language, the term means the mode of communication normally used by the person (such as sign language, Braille, or oral communication). In direct contact with a child, the term means the language normally used by the child.


“Parent” means:


One or more of the following persons:


A biological or adoptive parent of the child;


A foster parent of the child,


A legal guardian, other than a state agency;


An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or


A surrogate parent who has been appointed in accordance with OAR 581-015-2320 (Surrogate Parents), for school-age children, or 581-015-2760 (Surrogate Parents — EI/ECSE) for preschool children.


Except as provided in subsection (c), if more than one party is qualified under subsection (a) to act as a parent and the biological or adoptive parent is attempting to act as the parent, the biological or adoptive parent is presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.


If a judicial decree or order identifies a specific person under subsection (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person will be the parent for special education purposes.


“Participating agency” means a state or local agency, other than the school district responsible for a student’s education that is financially and legally responsible for providing transition services to the student.


“Personally identifiable information” means information as defined in the Family Educational Rights and Privacy Act (FERPA), found at 34 CFR 99.3, which includes, but is not limited to:


The name of the child, the child’s parent or other family member;


The address of the child or the child’s family;


A personal identifier, such as the child’s social security number or student number, or biometric record; and


Other indirect identifiers, such as the child’s date of birth, place of birth, and mother’s maiden name;


Other information that alone or in combination is linked or linkable to a specific child that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the child with reasonable certainty; or


Other information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.


“Placement” means educational placement, not social service placement by a state agency.


“Preschool child” means “preschool child with a disability” as defined under OAR 581-015-2700 (Definitions — EI/ECSE Program).


“Private school” means an educational institution or agency not operated by a public agency.


“Public agency” means a school district, an education service district, a state agency or institution, EI/ECSE contractor or subcontractor, responsible for early intervention, early childhood special education or special education.


“Related services” includes transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, and includes orientation and mobility services, speech language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, school health services and school nurse services, counseling services, including rehabilitation counseling services, social work services in schools, parent counseling and training, school health services and medical services for diagnostic or evaluation purposes, and includes early identification and assessment of disabling conditions in children. This definition incorporates the exception for services for children with surgically implanted devices, including cochlear implants, in 34 CFR 300.34(b) and the definitions for individual related services in 34 CFR 300.34(c).


“School age child or children” means a child or children who have reached 5 years of age but have not reached 21 years of age on or before September 1 of the current school year.


“Scientifically Based Research” is defined in section 9101(37) of the Elementary and Secondary Education Act of 1965, as amended ESEA.


School district" means the public education agency (school district, ESD, or state agency) that is responsible by statute, rule or contract for providing education to children with disabilities.


“Services plan” is defined in OAR 581-015-2450 (Definitions).


“Sheltered Workshop” is a facility in which individuals with disabilities, including intellectual or developmental disabilities, are congregated for the purpose of receiving employment services and performing work tasks for pay at the facility. A Sheltered Workshop primarily employs these individuals with the exception of service support staff. A Sheltered Workshop is a fixed site that is owned, operated, or controlled by a provider, where an individual has few or no opportunities to interact with nondisabled individuals, except paid support staff. A Sheltered Workshop is not Small Group Employment in an Integrated Employment Setting as defined in Executive Order 15-01, and is not otherwise an Integrated Employment Setting as defined in Executive Order 15-01.


“Short term objectives” means measurable intermediate performance steps that will enable parents, students and educators to gage, at intermediate times during the year, how well the child is progressing toward the annual goals by either:


Breaking down the skills described in the goal into discrete components, or


Describing the amount of progress the child is expected to make within specified segments of the year.


“Special education” means specially designed instruction that is provided at no cost to parents to meet the unique needs of a child with a disability “Special education” includes instruction that:


May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and


May involve physical education services, speech language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability.


“Specially designed instruction” means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction:


To address the unique needs of the child that result from the child’s disability; and


To ensure access of the child to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the public agency that apply to all children.


“Supplementary aids and services” means aids, services and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings to enable children with disabilities to be educated with children without disabilities to the maximum extent appropriate.


“Superintendent” means the State Superintendent of Public Instruction or the designee of the State Superintendent of Public Instruction.


“Surrogate parent” means an individual appointed under OAR 581-015-2320 (Surrogate Parents) for school age children or 581-015-2760 (Surrogate Parents — EI/ECSE) for preschool children who acts in place of a biological or adoptive parent in safeguarding a child’s rights in the special education decision-making process.


“Transition services” means a coordinated set of activities for a student with a disability that:


Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student to facilitate the student’s movement from school to post school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;


Is based on the individual student’s needs, taking into account the student’s preferences and interests; and






Related services;


Community experiences;


The development of employment and other post school adult living objectives; and


If appropriate, acquisition of daily living skills and functional vocational evaluation; and


May be special education, if provided as specially designed instruction, or related services, if required to assist a student with a disability to benefit from special education.


“Ward of the state” means child who is in the temporary or permanent custody of, or committed to, the Department of Human Services or Oregon Youth Authority through the action of the juvenile court.
Criteria for Approving School District Special Education Programs
Census and Data Reporting
Compliance Monitoring
Recovery of Funds for Misclassified Children
Advanced Payment to School Districts for Special Education Programs
Procedures for Complaints as Required by IDEA Regulations
Minimum Standards for Sign Language Interpreters Serving Students in Public Schools
Free Appropriate Public Education (FAPE) and Age Ranges
Age Limitations and Exceptions to FAPE
Assistive Technology
Accessible Materials
Extended School Year Services
Nonacademic Services
Charter Schools
Child Find
Child Find for Children Attending Private Schools
Exceptions to Consent
Responsibility for Evaluation and Eligibility Determination
Evaluation and Reevaluation Requirements
General Evaluation and Reevaluation Procedures
Evaluation Planning
Determination of Eligibility
Interpretation of Evaluation Data
Developmental Delay
Autism Spectrum Disorder
Communication Disorder
Emotional Disturbance Eligibility Criteria
Deaf or Hard of Hearing
Intellectual disability
Orthopedic Impairment
Other Health Impairment
Specific Learning Disability
Traumatic Brain Injury
Visual Impairment
Functional Behavioral Assessments
Parent Participation – General
Additional Parent Participation Requirements for IEP and Placement Meetings
Content of IEP
IEP Team Considerations and Special Factors
IEP Team
Oregon Standard IEP
When IEPs Must Be In Effect
Review and Revision of IEPs
Transfer Students
School District and Participating Agency Responsibilities for Transition Services
Requirement for Least Restrictive Environment
Alternative Placements and Supplementary Aids and Services
Placement of the Child
Nonacademic Settings
Rights of Children with Disabilities in Private Schools Placed or Referred by Public Agencies
Obligations of Public Agencies that Contract with Approved Private Schools
Standards for Approval of Private Schools for School-age Children
Standards for Approval of Private Preschools
Process for Approval of Private School or Preschool as a Contractor with Public Agencies
Suspension, Revocation or Refusal to Renew Approval
Appeal of Denial, Suspension, Revocation or Refusal to Renew Approval
Out-of-State Placements for Special Education
Access to Student Education Records
Independent Educational Evaluation
Prior Written Notice
Notice of Procedural Safeguards
Surrogate Parents
Transfer of Procedural Rights at Age of Majority
Notice of Transfer of Rights at Majority
Procedural Rules for Due Process Hearings
Hearing Request and Response
Sufficiency of Hearing Request
Resolution Process
Pre-Hearing Conference, Notice of Hearing and Hearing Rights
Criteria for Administrative Law Judge
Conduct of Hearing
Decision of Administrative Law Judge
Informal Disposition
Failure to Appear at a Hearing
Hearing Costs
Definitions for Hearings Under Section 504 of the Rehabilitation Act
Procedures for a Hearing under Section 504 of the Rehabilitation Act of 1973
Disciplinary Removals for Up to 10 School Days for Children with Disabilities
Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern)
Disciplinary Removals of More than 10 School Days (Pattern or Consecutive)
Manifestation Determination
Removal to an Interim Alternative Educational Setting by School District
Removal to an Interim Alternative Educational Setting by Administrative Law Judge (Injurious Behavior)
Requirements of an Interim Alternative Educational Setting
Protections for Children Not Yet Eligible for Special Education
Expedited Due Process Hearings
Provision of services for Private School Children with Disabilities
Services Plan
Documentation Requirements
Expenditures for Parentally-Placed Private School Children
Private School Child Count
Consultation with Representatives of Private School Children with Disabilities
Written Affirmation
Complaint by Private School Official
Complaints and Due Process Hearings for Private School Children
Funds and Property Not to Benefit Private Schools
Use of Personnel
Separate Classes Prohibited
Property, Equipment, and Supplies
Reimbursement for Private Placement
Children with Disabilities under IDEA Enrolled in Public Benefits or Insurance
Children with Disabilities Covered by Private Insurance
Definitions for Regional Programs
Administration of Regional Programs
Eligibility for Regional Services
Referral for Regional Services
Individualized Educational Program/Individualized Family Service Plan
Regional Program Services
Definitions and Purposes of Long-Term Care and Treatment (LTCT) Programs
Long-Term Care and Treatment (LTCT) Education Program Eligibility and Approval
Long-Term Care and Treatment (LTCT) Education Program Funding Formula
Due Process Hearings for Long-Term Care and Treatment (LTCT) Education Programs
Resident District Obligations for Students in Long-Term Care and Treatment (LTCT) Education Programs
School Programs in Private Hospitals
School Programs in State-Operated Hospitals
Youth (Juvenile) Corrections Education and Juvenile Detention Education Programs
Required Days of Instruction
Education Programs for Children at Residential Youth Care Centers
Incarcerated Youth
Plans to Serve Students in Local or Regional Correctional Facilities
Standards for Home, Hospital, Institutional or Other Regularly Scheduled Instruction
Definitions — EI/ECSE Program
Establishment of Service Areas
Selection of Contractor
Availability of Early Intervention Services
Central Directory
Role of Local Interagency Coordinating Council (LICC)
Census and Data Reporting – EI/ECSE Program
Compliance Monitoring – EI/ECSE Program
Parent Consent for EI
Parent Consent for ECSE
Exceptions to Parental Consent — EI/ECSE Program
Prior Written Notice and Notice of Procedural Safeguards — EI/ECSE Program
Parent Participation — General — EI/ECSE Program
Additional Parental Participation Requirements for IFSP and Placement Meetings — EI/ECSE Program
Surrogate Parents — EI/ECSE
Independent Education Evaluation — ECSE
Confidentiality of Records for Preschool Children with Disabilities
Referral Procedures and Early Intervention Screening
EI Evaluation
EI Eligibility
Provision of EI Services Before an Evaluation and Assessment Are Completed
Dispute Resolution Within and Between Public Agencies — Early Intervention (EI) Services
ECSE Evaluation
ECSE Eligibility
Termination of Eligibility — EI/ECSE
EI and ECSE Transition
IFSP Meeting Procedures and Timelines
IFSP Content
IFSP Team Consideration and Special Factors
Participants for IFSP Team Meetings and Reviews
Implementation of the IFSP
Natural Environments in EI
Service Coordination
Placement and Least Restrictive Environment in ECSE
Free Appropriate Public Education (FAPE) for ECSE
Extended Year Services for ECSE
Assistive Technology for ECSE
Procedures for EI/ECSE Complaints
Due Process Hearings
Discipline of Children with Disabilities for ECSE
Private Placement — ECSE
Preschool Children with Disabilities Covered by Public Insurance
Preschool Children with Disabilities Covered by Private Insurance
Health and Safety
Personnel Standards
Authorization of Early Childhood Specialist
Authorization of Early Childhood Supervisor
Employment-Related Transition Services
Last Updated

Jun. 8, 2021

Rule 581-015-2000’s source at or​.us