ORS 343.146: Determination of eligibility for special education services; evaluation; reevaluation; examinations and assessments.

(1) To receive special education, children with disabilities shall be determined eligible for special education services under a school district program approved under ORS 343.045 and as provided under ORS 343.221. (2) Before initially providing special education, the school district shall ensure that a full and individual evaluation is conducted to determine the child’s eligibility for special education and the child’s special educational needs. (3) Eligibility for special education shall be determined pursuant to rules adopted by the State Board of Education. (4) Each school district shall conduct a reevaluation of each child with a disability in accordance with rules adopted by the State Board of Education. (5) If a medical examination is required as part of an initial evaluation or reevaluation, the examination must be given by: (a) A physician licensed under ORS chapter 677 or by the appropriate authority in another state; (b) A naturopathic physician licensed under ORS chapter 685 or by the appropriate authority in another state; (c) A nurse practitioner licensed under ORS 678.375 to 678.390 or by the appropriate authority in another state; or (d) A physician associate licensed under ORS 677.505 to 677.525 or by the appropriate authority in another state. (6) If a vision examination is required as part of an initial evaluation or reevaluation, the examination must be given by: (a) A person licensed to practice optometry under ORS chapter 683 or by the appropriate authority in another state; or (b) A physician who specializes in ophthalmology and who is licensed under ORS chapter 677 or by the appropriate authority in another state. (7) If an audiological assessment is required as part of an initial evaluation or reevaluation, the assessment must be given by an audiologist licensed under ORS chapter 681 or by the appropriate authority in another state. (8) The information obtained in an examination or assessment performed under subsection (5), (6) or (7) of this section must be reported by the practitioner who performed the examination or assessment to the school district in which the child is or will be enrolled. [1999 c.989 §12; 2005 c.662 §2; 2007 c.86 §4; 2017 c.356 §30; 2019 c.171 §1; 2024 c.73 §51]