OAR 581-015-2795: ECSE Eligibility

(1) Upon completing the administration of tests and other evaluation materials, the designated referral and evaluation agency must determine, through a team, whether a child is eligible for ECSE services by following the procedures in this rule. (2) The team must include the parents, in accordance with OAR 581-015-2750, and two or more professionals, at least one of whom is knowledgeable and experienced in the evaluation and education of children with the suspected disability. The team may be the child's IFSP team. (3) In determining eligibility for a child suspected of having a specific learning disability, the team must also include: (a) The child's preschool teacher or, if the child does not have a preschool teacher, a preschool teacher qualified to teach a child of his or her age; and (b) A person qualified to conduct individual diagnostic examinations of children, such as a psychologist, speech-language pathologist, or other qualified personnel. (4) To be eligible for ECSE services, the child must meet the following minimum criteria: (a) Categorical. The child meets the minimum criteria for one of the disability categories in OAR 581-015-2130 through 581-015-2180; or (b) Developmental delay. (A) The child has a developmental delay of 1.5 standard deviations or more below the mean in two or more of the developmental areas listed under OAR 581-015-2780(3)(c); (B) The child's disability has an adverse impact on the child's developmental progress; and (C) The child needs ECSE services. (5) The team must prepare an evaluation report and a written statement of eligibility. (a) The evaluation report(s) must describe and explain the results of the evaluation conducted. (b) The written statement of eligibility must include: (A) A list of the evaluation data considered in determining the child's eligibility; (B) A determination of whether the child meets the minimum criteria for ECSE as described in (4) of this part; (c) A determination of whether the primary basis for the suspected disability is: (A) Lack of instruction in reading or math; or (B) Limited English proficiency. (d) A determination of whether the child's disability has an adverse impact on the child's developmental progress; (e) A determination of whether, as a result of the disability the child needs ECSE services; and (f) The signature of each member of the team indicating agreement or disagreement with the eligibility determination. (6) When determining eligibility for a child suspected of having a specific learning disability, the team must prepare a written report following the procedures in OAR 581-015-2170. (7) The team may not determine that a child is eligible for ECSE services if: (a) The determinant factor for that eligibility determination is: (A) Lack of appropriate instruction in reading (including the essential components of reading) or math; or (B) Limited English proficiency; and (b) The child does not otherwise meet the eligibility criteria under this rule. (8) For a child who may have disabilities in more than one category, the team need only qualify the child for ECSE services under one disability category, however; (a) The child shall be evaluated in all areas of suspected disability; and (b) The child's IFSP shall address all of the child's special education needs. (9) The team must give the parents a copy of the eligibility statement and evaluation report. (10) The contractor or subcontractor must notify the child's resident school district upon determination of eligibility for ECSE services.