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).
(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.
Rule 581-015-2105 — Evaluation and Reevaluation Requirements,