OAR 581-015-2790
ECSE Evaluation

(1)

General. A public agency must conduct an evaluation or reevaluation process in accordance with this rule before:

(a)

Determining that a child is a child with a disability under OAR 581-015-2795 (ECSE Eligibility); or

(b)

Determining that a child continues to have a disability under OAR 581-015-2795 (ECSE Eligibility); or

(c)

Changing the child’s eligibility; or

(d)

Terminating the child’s eligibility as a child with a disability.

(2)

Request for initial evaluation. Consistent with the consent requirements in OAR 581-015-2735 (Parent Consent for ECSE), a parent or public agency may initiate a request for an initial evaluation to determine if a child qualifies for ECSE services.

(3)

When initial evaluation must be conducted.

(a)

An initial evaluation must be conducted to determine if a child is eligible for ECSE 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 education or development; and

(B)

The child may need ECSE 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 581-015-2750 (Parent Participation — General — EI/ECSE Program).

(4)

Evaluation planning. Before conducting any evaluation or reevaluation, the public agency must conduct evaluation planning in accordance with OAR 581-015-2115 (Evaluation Planning).

(5)

Notice and consent.

(a)

Before conducting any evaluation or reevaluation, the public agency must provide notice to the parent in accordance with OAR 581-015-2745 (Prior Written Notice and Notice of Procedural Safeguards — EI/ECSE Program) that describes any evaluation procedures the agency proposes to conduct as a result of the evaluation planning process.

(b)

Before conducting any evaluation or reevaluation, the public agency must obtain written consent for evaluation in accordance with OAR 581-015-2735 (Parent Consent for ECSE) and 581-015-2740 (Exceptions to Parental Consent — EI/ECSE Program).

(c)

If the public agency refuses an evaluation or reevaluation requested by the parent, the public agency must provide the parent with prior written notice under OAR 581-015-2745 (Prior Written Notice and Notice of Procedural Safeguards — EI/ECSE Program).

(d)

Parents may challenge the public agency’s refusal to conduct an evaluation or reevaluation under OAR 581-015-2870 (Due Process Hearings).

(6)

ECSE evaluation requirements: For a child suspected of being eligible for ECSE services, the following evaluation must be conducted:

(a)

For a child suspected of having any of the following disabilities, an evaluation in all areas of the suspected disability following OAR 581-015-2130 (Autism Spectrum Disorder) through 581-015-2180 (Visual Impairment), respectively:

(A)

Autism spectrum disorder;

(B)

Communication disorder;

(C)

Deafblindness;

(D)

Emotional disturbance;

(E)

Hearing impairment;

(F)

Intellectual Disability;

(G)

Orthopedic impairment;

(H)

Other health impaired;

(I)

Specific learning disability;

(J)

Traumatic brain injury;

(K)

Visual impairment; or

(b)

For a child suspected of having a developmental delay, an evaluation that includes:

(A)

Developmental History as defined in OAR 581-015-2000 (Definitions)(8);

(B)

At least one norm referenced, standardized test in each area of suspected delay;

(C)

At least one additional procedure to confirm the child’s level of functioning in each area of suspected delay;

(D)

At least one 20-minute observation of the child;

(E)

Review of previous testing, medical data, and parent reports; and

(F)

Other evaluative information as necessary to determine eligibility.

(7)

Reevaluation.

(a)

Public agencies 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 (5) and (7)(b) in this rule:

(A)

If the public agency determines that the ECSE needs of the child warrant a reevaluation; or

(B)

If the child’s parent or ECSE specialist 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.

(8)

Conduct of evaluation. In conducting the evaluation, the public agency must:

(a)

Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent that may assist in determining:

(A)

Whether the child is eligible for EI/ECSE services; and

(B)

The content of the child’s IFSP, including information related to enabling the child to be involved in and progress in appropriate activities;

(b)

Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child; and

(c)

Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(9)

Other evaluation procedures. Each public agency must ensure that:

(a)

The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;

(b)

Assessments and other evaluation materials used to assess a child under this part:

(A)

Are selected and administered so as not to be discriminatory on a racial or cultural basis;

(B)

Are provided and administered in the child’s native language or other mode of communication as determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment, and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so;

(C)

Are used for the purposes for which the assessments or measures are valid and reliable;

(D)

Are administered by trained and knowledgeable personnel; and

(E)

Are administered in accordance with any instructions provided by the producer of the assessments.

(c)

Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

(d)

Assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

(e)

The evaluation is sufficiently comprehensive to identify all of the child’s EI/ECSE and related services needs, whether or not commonly linked to the disability category in which the child has been classified; and

(f)

The evaluation includes assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child.

(10)

Evaluation timelines:

(a)

Initial. An initial evaluation must be completed within 60 school days from written parent consent to the date of the meeting to consider eligibility.

(b)

Reevaluation. A reevaluation must be completed within 60 school days from written parent consent (or from the date the evaluation is initiated under OAR 581-015-2740 (Exceptions to Parental Consent — EI/ECSE Program)(3)) to the date of the meeting to consider eligibility, continuing eligibility or the student’s educational needs.

(c)

Exceptions. An evaluation may be completed in more than 60 school days under the following circumstances documented in the child’s educational record:

(A)

The parents of a child repeatedly fail or refuse to produce the child for an evaluation, or for other circumstances outside the school district’s control;

(B)

The student is a transfer student in the process of reevaluation and the public agency and the parents agree to a different length of time to complete the evaluation in accordance with subsection (d); or

(C)

The public agency and parent agree to extend the timeline for an evaluation to determine eligibility for specific learning disabilities in accordance with OAR 581-015-2170 (Specific Learning Disability).

(d)

Transfer students.

(A)

When a child with disabilities transfers from one EI/ECSE program to another EI/ECSE program in the same school year, the previous and current EI/ECSE programs must coordinate any pending assessments as necessary and as expeditiously as possible to ensure prompt completion of the evaluation.

(B)

The exception under subsection (10)(c) only applies if the current EI/ECSE program is making sufficient progress to ensure a prompt completion of the evaluation and the parent and current EI/ECSE program agree to a specific time for completion of the evaluation.

Source: Rule 581-015-2790 — ECSE Evaluation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-015-2790.

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 581-015-2790’s source at or​.us