Oregon
Rule Rule 581-015-2105
Evaluation and Reevaluation Requirements


(1)

General: A public agency must conduct an evaluation or reevaluation process in accordance with this rule and 581-015-2110 (General Evaluation and Reevaluation Procedures) before:

(a)

Determining that a child is a child with a disability under OAR 581-015-2130 (Autism Spectrum Disorder) through 581-015-2180 (Visual Impairment);

(b)

Determining that a child continues to have a disability under OAR 581-015-2130 (Autism Spectrum Disorder) through 581-015-2180 (Visual Impairment);

(c)

Changing the child’s eligibility, or

(d)

Terminating the child’s eligibility as a child with a disability, unless the termination is due to graduation from high school with a regular diploma or exceeding the age of eligibility for a free appropriate public education under OAR 581-015-2045 (Age Limitations and Exceptions to FAPE).

(2)

Request for initial evaluation: Consistent with the consent requirements in OAR 581-015-2090 (Consent), a parent or public agency may initiate a request for an initial evaluation to determine if a child is a child with a disability.

(3)

When initial evaluation must be conducted:

(a)

An initial evaluation must be conducted to determine if a child is eligible for special education services when a public agency suspects or has reason to suspect that:

(A)

The child has a disability that has an adverse impact on the child’s educational performance; and

(B)

The child may need special education services as a result of the disability.

(b)

The public agency must designate a team to determine whether an initial evaluation will be conducted.

(A)

The team must include the parent and at least two professionals, at least one of whom is a specialist knowledgeable and experienced in the evaluation and education of children with disabilities.

(B)

The team may make this decision without a meeting. If a meeting is held, parents must be invited to participate in accordance with OAR 581-015-2190 (Parent Participation – General).

(4)

Reevaluation:

(a)

The public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with OAR 581-015-2115 (Evaluation Planning), subject to subsection

(b)

and OAR 581-015-2110 (General Evaluation and Reevaluation Procedures)(2):

(A)

If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or

(B)

If the child’s parents or teacher requests a reevaluation.

(b)

A reevaluation for each child with a disability:

(A)

May occur not more than once a year, unless the parent and public agency agree otherwise; and

(B)

Must occur at least every three years, unless the parent and public agency agree that a reevaluation is unnecessary.

(5)

Summary of Achievement and Performance: For a student whose eligibility terminates due to graduation with a regular diploma or exceeding the age of eligibility, a school district must provide the student with a summary of the student’s academic achievement and functional performance, including recommendations on how to assist the student in meeting the student’s postsecondary goals.
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Last accessed
Aug. 8, 2020