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