OAR 581-015-2175
Traumatic Brain Injury


(1) Early Intervention (birth through two in accordance with OAR 581-015-2700 (Definitions — EI/ECSE Program)(10)): “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. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech currently affecting or has the potential to significantly affect an infant or toddler’s developmental progress. The infant or toddler’s disability does not need to be presently affecting their development for the infant or toddler to be eligible for Early Intervention services. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.
(2) Early Intervention: If an infant or toddler is suspected of having a traumatic brain injury, a comprehensive evaluation must be conducted, including the following:
(a) A medical examination or, with documentation of sufficient efforts by the Local Education Agency to obtain appropriate medical information through a medical examination and evidence that such information cannot be obtained, guided credible history interview process indicating that an event may have resulted in a traumatic brain injury as defined in subsections (1) and (3);
(A) A medical examination must be conducted by:
(i) A physician licensed under ORS chapter 677 or by the appropriate authority in another state;
(ii) A naturopathic physician licensed under ORS chapter 685 or by the appropriate authority in another state;
(iii) A nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) or by the appropriate authority in another state; or
(iv) A physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or by the appropriate authority in another state.
(B) The guided credible history interview process is an interview facilitated by an individual familiar with the symptoms of a traumatic brain injury to thoroughly explore a family’s report of a possible traumatic brain injury. The guided credible history interview process must:
(i) Document one or more traumatic brain injuries,
(ii) Be reported by a reliable and credible source, and
(iii) Be corroborated by more than one reporter.
(b) A psychological assessment. A comprehensive psychological assessment using a battery of instruments intended to identify deficits associated with a traumatic brain injury administered and interpreted by a school psychologist licensed by Oregon Teacher Standards and Practices Commission (TSPC), a psychologist or a psychologist associate licensed under Chapter 675 by the Oregon Board of Psychological Examiners (OBPE), or in the case of a student from another state an individual similarly credentialed in another state;
(c) A developmental history as defined in OAR 581-015-2000 (Definitions)(9); and
(d) Other:
(A) Other assessments including, but not limited to, motor assessments if the infant or toddler exhibits motor impairments; communication assessments if the infant or toddler exhibits communication disorders; and psychosocial assessments if the infant or toddler exhibits changed behavior. These assessments must be completed by qualified personnel knowledgeable in the specific area being assessed;
(B) Other information related to the infant or toddler’s suspected disability, including pre-injury performance and a current measure of adaptive ability;
(C) An observation in at least two different settings;
(D) Any additional assessments necessary to determine the impact of the suspected disability.
(3) Early Intervention: To be eligible as an infant or toddler with a traumatic brain injury, the infant or toddler must meet all of the following criteria:
(a) The infant or toddler has an acquired injury to the brain caused by an external physical force;
(b) The infant or toddler’s condition is permanent or expected to last for more than 60 calendar days; and
(c) The infant or toddler’s injury results in an impairment of one or more of the following areas:
(A) Communication;
(B) Behavior;
(C) Cognition, memory, attention, abstract thinking, judgment, problem-solving, reasoning, and/or information processing; or
(D) Sensory, perceptual, motor and/or physical abilities.
(4) Early Intervention: For an infant or toddler to be eligible for Early Intervention services as an infant or toddler with a traumatic brain injury, the eligibility team must determine that:
(a) The infant or toddler has a traumatic brain injury as defined in this rule; and
(b) The infant or toddler is eligible for Early Intervention services in accordance with OAR 581-015-2780 (EI Eligibility).
(5) Early Intervention: Students with brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma, are not eligible under the category of traumatic brain injury but may be eligible under a different category.
(6) Early Childhood Special Education (age 3 through 5) and School Age (age 5 through 21): “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 developmental progress (age 3 through 5) or educational performance (age 5 through 21). Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.
(7) Early Childhood Special Education and School Age: If a child is suspected of having a traumatic brain injury, a comprehensive evaluation must be conducted, including the following:
(a) A medical examination or, with documentation of sufficient efforts by the Local Education Agency to obtain appropriate medical information through a medical examination and evidence that such information cannot be obtained, guided credible history interview process indicating that an event may have resulted in a traumatic brain injury as defined in subsections (6) and (8);
(A) Medical examinations must be conducted by:
(i) A physician licensed under ORS chapter 677 or by the appropriate authority in another state;
(ii) A naturopathic physician licensed under ORS chapter 685 or by the appropriate authority in another state;
(iii) A nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) or by the appropriate authority
in another state; or
(iv) A physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or by the appropriate authority in another state.
(B) The guided credible history interview process is an interview facilitated by an individual familiar with the symptoms of a traumatic brain injury to thoroughly explore a family’s report of a possible traumatic brain injury. The guided credible history interview process must:
(i) Document one or more traumatic brain injuries,
(ii) Be reported by a reliable and credible source, and
(iii) Be corroborated by more than one reporter.
(b) A psychological assessment. A comprehensive psychological assessment using a battery of instruments intended to identify deficits associated with a traumatic brain injury administered and interpreted by a school psychologist licensed by Oregon Teacher Standards and Practices Commission (TSPC), a psychologist or a psychologist associate licensed under Chapter 675 by the Oregon Board of Psychological Examiners (OBPE), or in the case of a student from another state an individual similarly credentialed in another state;
(c) A developmental history as defined in OAR 581-015-2000 (Definitions)(9); and
(d) Other:
(A) Other assessments including, but not limited to, motor assessments if the child exhibits motor impairments; communication assessments if the child exhibits communication disorders; and psychosocial assessments if the child exhibits changed behavior. These assessments must be completed by educators knowledgeable in the specific area being assessed;
(B) Other information related to the child’s suspected disability, including pre-injury performance and a current measure of adaptive ability;
(C) An observation in the classroom and in at least one other setting;
(D) Any additional assessments necessary to determine the impact of the suspected disability:
(i) On the child’s developmental progress for a preschool child (age 3 through 5); or
(ii) On the child’s educational performance for a school-age child (age 3 through 5); and
(E) Any additional evaluations or assessments necessary to identify the child’s educational needs.
(8) Early Childhood Special Education and School Age: To be eligible as a child with a traumatic brain injury, the child must meet all of the following criteria:
(a) The child has an acquired injury to the brain caused by an external physical force;
(b) The child’s condition is permanent or expected to last for more than 60 calendar days; and
(c) The child’s injury results in an impairment of one or more of the following areas:
(A) Communication;
(B) Behavior;
(C) Cognition, memory, attention, abstract thinking, judgment, problem-solving, reasoning, and/or information processing; or
(D) Sensory, perceptual, motor and/or physical abilities.
(9) Early Childhood Special Education and School Age: For a child to be eligible for special education services as a child with a traumatic brain injury, the eligibility team must determine that:
(a) The child has a traumatic brain injury as defined in this rule; and
(b) The child is eligible for special education services in accordance with OAR 581-015-2795 (ECSE Eligibility) and/or OAR 581-015-2120 (Determination of Eligibility).
(10) Early Childhood Special Education and School Age: Students with brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma, are not eligible under the category of traumatic brain injury but may be eligible under a different category.


Source: Rule 581-015-2175 — Traumatic Brain Injury, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-015-2175.

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 581-015-2175’s source at or​.us