OAR 581-015-2205: IEP Team Considerations and Special Factors

(1) In developing, reviewing and revising the child's IEP, the IEP team must consider: (a) The strengths of the child; (b) The concerns of the parents for enhancing the education of their child; (c) The results of the initial or most recent evaluation of the child; and (d) The academic, developmental, and functional needs of the child. (2) In developing, reviewing and revising the child's IEP, the IEP team must consider the following special factors: (a) The communication needs of the child; and (b) Whether the child needs assistive technology devices and services. (3) In developing, reviewing and revising the IEP of children described below, the IEP team must consider the following additional special factors: (a) For a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies to address that behavior; (b) For a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP; (c) For a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child; and (d) For a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communication with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode. (4) If, in considering these special factors, the IEP team determines that a child needs a particular device or service (including an intervention, accommodation, or other program modification) for the child to receive free appropriate public education, the IEP team must include a statement to that effect in the child's IEP. (5) Nothing in OAR 581-015-2200 or this rule may be construed to require the IEP team to include information under one component of a child's IEP that is already contained under another component of the child's IEP.