OAR 581-015-2170
Specific Learning Disability

(1)

If a child is suspected of having a specific learning disability, the following evaluation must be conducted:

(a)

Academic assessment. An assessment of the child’s academic achievement toward Oregon grade-level standards;

(b)

Review. A review of cumulative records, previous IEPs or IFSPs and teacher collected work samples;

(c)

Observation. An observation of the child in the child’s learning environment (including the regular classroom setting) to document the child’s academic performance and behavior in the areas of difficulty, which must consist of:

(A)

Information from an observation by a qualified professional in routine classroom instruction and monitoring of the child’s performance before the child was referred for an evaluation; or

(B)

An observation conducted by a qualified professional (who is a member of the evaluation team) of the child’s academic performance in a regular classroom after the child has been referred for an evaluation and parent consent obtained; or

(C)

For a child who is less than school age or out of school, an observation in an age-appropriate environment.

(d)

Progress monitoring data, including:

(A)

Data that demonstrate that before, or as part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and

(B)

Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress that is directly linked to instruction.

(e)

For a student evaluated using a response to intervention model as part of a comprehensive evaluation process to determine if the child has a specific learning disability, the evaluation must include documentation of:

(A)

The type, intensity, and duration of scientific, research-based instructional intervention(s) provided in accordance with the district’s response to intervention model;

(B)

The student’s rate of progress during the instructional intervention(s);

(C)

A comparison of the student’s rate of progress to expected rates of progress.

(D)

Progress monitoring on a schedule that:
(i)
Allows a comparison of the student’s progress to the performance of peers;
(ii)
Is appropriate to the student’s age and grade placement;
(iii)
Is appropriate to the content monitored; and
(iv)
Allows for interpretation of the effectiveness of intervention.

(f)

For a student evaluated using a model that is based on the student’s strengths and weaknesses, the evaluation must include an assessment of the student’s strengths and weaknesses in classroom performance and academic achievement, relative to age, Oregon grade-level standards, or intellectual development.

(g)

Other:

(A)

If needed, a developmental history;

(B)

If needed, an assessment of cognition, fine motor, perceptual motor, communication, social or emotional, and perception or memory if the child exhibits impairment in one or more these areas;

(C)

If needed, a medical statement or health assessment indicating whether there are any physical factors that may be affecting the child’s educational performance; and

(D)

Any other assessments required to determine the impact of the suspected disability:
(i)
On the child’s educational performance for a school-age child; or
(ii)
On the child’s developmental progress for a preschool child.

(2)

For consideration of eligibility in the area of specific learning disabilities, the eligibility team must include:

(a)

A group of qualified professionals and the parent;

(b)

The child’s regular classroom teacher or, if the child does not have a regular classroom teacher, a regular classroom teacher qualified to teach a child of his or her age, or, for a child of less than school age, a preschool teacher; and

(c)

A person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or other qualified professional.

(3)

To be eligible as a child with a specific learning disability, the child must meet the following minimum criteria:

(a)

The child does not achieve adequately for the child’s age or to meet Oregon grade-level standards in one or more of the following areas when provided with learning experiences and instruction appropriate for the child’s age or Oregon grade-level standards:

(A)

Basic reading skills:

(B)

Reading fluency skills;

(C)

Reading comprehension;

(D)

Mathematics calculation;

(E)

Mathematics problem-solving;

(F)

Written Expression;

(G)

Oral expression; or

(H)

Listening comprehension.

(b)

For a student evaluated using a response to intervention model, in relation to one or more of the areas in subsection (3)(a), the student does not make sufficient progress to meet age or Oregon grade-level standards based on the student’s response to scientific, research-based intervention.

(c)

For a student evaluated using a model that is based on the student’s strengths and weaknesses, in relation to one or more of the areas in subsection (3)(a), the student exhibits a pattern of strengths and weaknesses in classroom performance, academic achievement, or both, relative to age, Oregon grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability.

(d)

The child’s rate of progress in subsection (3)(b) or pattern of strengths and weaknesses in subsection (3)(c) is not primarily the result of:

(A)

A visual, hearing, or motor impairment; intellectual disability or emotional disturbance;

(B)

Cultural factors;

(C)

Environmental or economic disadvantage; or

(D)

Limited English proficiency.

(4)

For a child to be eligible for special education services as a child with a specific learning disability, the eligibility team must also determine that:

(a)

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

(b)

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

(5)

The eligibility team must prepare an evaluation report and written statement of eligibility documenting its findings, including:

(a)

The evaluation data considered in determining the child’s eligibility;

(b)

A determination of whether the child meets the minimum criteria for a specific learning disability;

(c)

The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child’s academic functioning;

(d)

The educationally relevant medical findings, if any;

(e)

If the child participated in a response to intervention process, documentation that the parents were notified in a timely manner about: the state’s policies regarding the amount and nature of student performance data that would be collected, and the general education services that would be provided, as part of the response to intervention process; strategies for increasing the child’s rate of learning; and the parent’s right to request an evaluation.

(f)

The determination of the team concerning the effects of a visual, hearing, or motor disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level; and

(g)

A determination of whether the primary basis for the suspected disability is:

(A)

A lack of appropriate instruction in reading or math; or

(B)

Limited English proficiency;

(h)

A determination of whether the child’s disability has an adverse impact on the child’s educational performance;

(i)

A determination of whether, as a result of the disability, the child needs special education services; and

(j)

The signature of each member of the team indicating agreement or disagreement with the eligibility determination.

Source: Rule 581-015-2170 — Specific Learning Disability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-015-2170.

581–015–2000
Definitions 581–015–2005
Criteria for Approving School District Special Education Programs 581–015–2010
Census and Data Reporting 581–015–2015
Compliance Monitoring 581–015–2020
Recovery of Funds for Misclassified Children 581–015–2025
Advanced Payment to School Districts for Special Education Programs 581–015–2030
Procedures for Complaints as Required by IDEA Regulations 581–015–2035
Minimum Standards for Sign Language Interpreters Serving Students in Public Schools 581–015–2040
Free Appropriate Public Education (FAPE) and Age Ranges 581–015–2045
Age Limitations and Exceptions to FAPE 581–015–2050
Graduation 581–015–2055
Assistive Technology 581–015–2060
Accessible Materials 581–015–2065
Extended School Year Services 581–015–2070
Nonacademic Services 581–015–2075
Charter Schools 581–015–2080
Child Find 581–015–2085
Child Find for Children Attending Private Schools 581–015–2090
Consent 581–015–2095
Exceptions to Consent 581–015–2100
Responsibility for Evaluation and Eligibility Determination 581–015–2105
Evaluation and Reevaluation Requirements 581–015–2110
General Evaluation and Reevaluation Procedures 581–015–2115
Evaluation Planning 581–015–2120
Determination of Eligibility 581–015–2125
Interpretation of Evaluation Data 581–015–2127
Developmental Delay 581–015–2130
Autism Spectrum Disorder 581–015–2135
Communication Disorder 581–015–2140
Deafblindness 581–015–2145
Emotional Disturbance Eligibility Criteria 581–015–2150
Deaf or Hard of Hearing 581–015–2155
Intellectual disability 581–015–2160
Orthopedic Impairment 581–015–2165
Other Health Impairment 581–015–2170
Specific Learning Disability 581–015–2175
Traumatic Brain Injury 581–015–2180
Visual Impairment 581–015–2181
Functional Behavioral Assessments 581–015–2190
Parent Participation – General 581–015–2195
Additional Parent Participation Requirements for IEP and Placement Meetings 581–015–2200
Content of IEP 581–015–2205
IEP Team Considerations and Special Factors 581–015–2210
IEP Team 581–015–2215
Oregon Standard IEP 581–015–2220
When IEPs Must Be In Effect 581–015–2225
Review and Revision of IEPs 581–015–2230
Transfer Students 581–015–2235
School District and Participating Agency Responsibilities for Transition Services 581–015–2240
Requirement for Least Restrictive Environment 581–015–2245
Alternative Placements and Supplementary Aids and Services 581–015–2250
Placement of the Child 581–015–2255
Nonacademic Settings 581–015–2260
Rights of Children with Disabilities in Private Schools Placed or Referred by Public Agencies 581–015–2265
Obligations of Public Agencies that Contract with Approved Private Schools 581–015–2270
Standards for Approval of Private Schools for School-age Children 581–015–2275
Standards for Approval of Private Preschools 581–015–2280
Process for Approval of Private School or Preschool as a Contractor with Public Agencies 581–015–2285
Suspension, Revocation or Refusal to Renew Approval 581–015–2290
Appeal of Denial, Suspension, Revocation or Refusal to Renew Approval 581–015–2295
Out-of-State Placements for Special Education 581–015–2300
Access to Student Education Records 581–015–2305
Independent Educational Evaluation 581–015–2310
Prior Written Notice 581–015–2315
Notice of Procedural Safeguards 581–015–2320
Surrogate Parents 581–015–2325
Transfer of Procedural Rights at Age of Majority 581–015–2330
Notice of Transfer of Rights at Majority 581–015–2335
Mediation 581–015–2340
Procedural Rules for Due Process Hearings 581–015–2345
Hearing Request and Response 581–015–2350
Sufficiency of Hearing Request 581–015–2355
Resolution Process 581–015–2360
Pre-Hearing Conference, Notice of Hearing and Hearing Rights 581–015–2365
Criteria for Administrative Law Judge 581–015–2370
Conduct of Hearing 581–015–2375
Decision of Administrative Law Judge 581–015–2380
Informal Disposition 581–015–2383
Failure to Appear at a Hearing 581–015–2385
Hearing Costs 581–015–2390
Definitions for Hearings Under Section 504 of the Rehabilitation Act 581–015–2395
Procedures for a Hearing under Section 504 of the Rehabilitation Act of 1973 581–015–2400
Definitions 581–015–2405
Disciplinary Removals for Up to 10 School Days for Children with Disabilities 581–015–2410
Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern) 581–015–2415
Disciplinary Removals of More than 10 School Days (Pattern or Consecutive) 581–015–2420
Manifestation Determination 581–015–2425
Removal to an Interim Alternative Educational Setting by School District 581–015–2430
Removal to an Interim Alternative Educational Setting by Administrative Law Judge (Injurious Behavior) 581–015–2435
Requirements of an Interim Alternative Educational Setting 581–015–2440
Protections for Children Not Yet Eligible for Special Education 581–015–2445
Expedited Due Process Hearings 581–015–2450
Definitions 581–015–2455
Provision of services for Private School Children with Disabilities 581–015–2460
Services Plan 581–015–2465
Documentation Requirements 581–015–2470
Expenditures for Parentally-Placed Private School Children 581–015–2475
Private School Child Count 581–015–2480
Consultation with Representatives of Private School Children with Disabilities 581–015–2483
Written Affirmation 581–015–2485
Complaint by Private School Official 581–015–2490
Complaints and Due Process Hearings for Private School Children 581–015–2495
Funds and Property Not to Benefit Private Schools 581–015–2500
Use of Personnel 581–015–2505
Separate Classes Prohibited 581–015–2510
Property, Equipment, and Supplies 581–015–2515
Reimbursement for Private Placement 581–015–2530
Children with Disabilities under IDEA Enrolled in Public Benefits or Insurance 581–015–2535
Children with Disabilities Covered by Private Insurance 581–015–2540
Definitions for Regional Programs 581–015–2545
Administration of Regional Programs 581–015–2550
Eligibility for Regional Services 581–015–2555
Referral for Regional Services 581–015–2560
Individualized Educational Program/Individualized Family Service Plan 581–015–2565
Regional Program Services 581–015–2570
Definitions and Purposes of Long-Term Care and Treatment (LTCT) Programs 581–015–2571
Long-Term Care and Treatment (LTCT) Education Program Eligibility and Approval 581–015–2572
Long-Term Care and Treatment (LTCT) Education Program Funding Formula 581–015–2573
Due Process Hearings for Long-Term Care and Treatment (LTCT) Education Programs 581–015–2574
Resident District Obligations for Students in Long-Term Care and Treatment (LTCT) Education Programs 581–015–2575
School Programs in Private Hospitals 581–015–2580
School Programs in State-Operated Hospitals 581–015–2585
Youth (Juvenile) Corrections Education and Juvenile Detention Education Programs 581–015–2590
Required Days of Instruction 581–015–2595
Education Programs for Children at Residential Youth Care Centers 581–015–2600
Incarcerated Youth 581–015–2605
Plans to Serve Students in Local or Regional Correctional Facilities 581–015–2610
Standards for Home, Hospital, Institutional or Other Regularly Scheduled Instruction 581–015–2700
Definitions — EI/ECSE Program 581–015–2705
Establishment of Service Areas 581–015–2710
Selection of Contractor 581–015–2712
Availability of Early Intervention Services 581–015–2713
Central Directory 581–015–2715
Role of Local Interagency Coordinating Council (LICC) 581–015–2720
Census and Data Reporting – EI/ECSE Program 581–015–2725
Compliance Monitoring – EI/ECSE Program 581–015–2730
Parent Consent for EI 581–015–2735
Parent Consent for ECSE 581–015–2740
Exceptions to Parental Consent — EI/ECSE Program 581–015–2745
Prior Written Notice and Notice of Procedural Safeguards — EI/ECSE Program 581–015–2750
Parent Participation — General — EI/ECSE Program 581–015–2755
Additional Parental Participation Requirements for IFSP and Placement Meetings — EI/ECSE Program 581–015–2760
Surrogate Parents — EI/ECSE 581–015–2765
Independent Education Evaluation — ECSE 581–015–2770
Confidentiality of Records for Preschool Children with Disabilities 581–015–2774
Referral Procedures and Early Intervention Screening 581–015–2775
EI Evaluation 581–015–2780
EI Eligibility 581–015–2785
Provision of EI Services Before an Evaluation and Assessment Are Completed 581–015–2786
Dispute Resolution Within and Between Public Agencies — Early Intervention (EI) Services 581–015–2790
ECSE Evaluation 581–015–2795
ECSE Eligibility 581–015–2800
Termination of Eligibility — EI/ECSE 581–015–2805
EI and ECSE Transition 581–015–2810
IFSP Meeting Procedures and Timelines 581–015–2815
IFSP Content 581–015–2820
IFSP Team Consideration and Special Factors 581–015–2825
Participants for IFSP Team Meetings and Reviews 581–015–2830
Implementation of the IFSP 581–015–2835
Natural Environments in EI 581–015–2840
Service Coordination 581–015–2845
Placement and Least Restrictive Environment in ECSE 581–015–2850
Free Appropriate Public Education (FAPE) for ECSE 581–015–2855
Extended Year Services for ECSE 581–015–2860
Assistive Technology for ECSE 581–015–2863
Procedures for EI/ECSE Complaints 581–015–2865
Mediation 581–015–2870
Due Process Hearings 581–015–2875
Discipline of Children with Disabilities for ECSE 581–015–2880
Private Placement — ECSE 581–015–2885
Preschool Children with Disabilities Covered by Public Insurance 581–015–2890
Preschool Children with Disabilities Covered by Private Insurance 581–015–2895
Health and Safety 581–015–2900
Personnel Standards 581–015–2905
Authorization of Early Childhood Specialist 581–015–2910
Authorization of Early Childhood Supervisor 581–015–2930
Employment-Related Transition Services
Last Updated

Jun. 8, 2021

Rule 581-015-2170’s source at or​.us