Or. Admin. R. 581-015-2160

Current through Register Vol. 63, No. 5, May 1, 2024

Section 581-015-2160 - Orthopedic Impairment

(1) Definition of "Orthopedic Impairment": For early intervention, early childhood special education, and school age special education, "Orthopedic Impairment" means a motor disability that adversely affects an infant or toddler's development or a child's educational performance. The term includes impairments caused by an anomaly, disease or other conditions (e.g., cerebral palsy, spina bifida, muscular dystrophy or traumatic injury).

(2) Comprehensive Evaluation: If a child is suspected of having an orthopedic impairment, a comprehensive evaluation must be conducted for early intervention, early childhood special education, or school age special education services, including the following:

(a) Medical examination. Documentation of a medical examination as defined OAR 581-015-2000 indicating a diagnosis of an orthopedic or neuromotor impairment or a description of the motor impairment;

(b) Motor assessment. A standardized motor assessment, including the areas of fine motor, gross motor and self-help, when appropriate, by a specialist knowledgeable about orthopedic or neuromotor development;

(c) Other: Any additional assessments necessary to determine the impact of the suspected disability:

(A) On the child's educational performance for a child age 3 to 21; or

(B) On the child's developmental progress for a child age birth to 5; and

(d) Any additional evaluations or assessments necessary to identify the child's educational needs.

(3) Eligibility Criteria: To be eligible as a child with an orthopedic impairment for early intervention, early childhood special education, or school age special education services, the child must meet all of the following minimum criteria:

(a) The child has a motor impairment that results in deficits in the quality, speed or accuracy of movement. These deficits must be documented by a score of two or more standard deviations below the mean in fine motor skills, gross motor skills, or self-help skills, or functional deficits in at least two of these three motor areas; and

(b) The child's condition is permanent or is expected to last for more than 60 calendar days.

(4) Eligibility Determination: To be eligible for services as a child with an orthopedic impairment for early intervention, early childhood special education, or school age special education services, the eligibility team must also determine that:

(a) The child has an orthopedic impairment as defined in this rule; and

(b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

Or. Admin. R. 581-015-2160

1EB 29-1978, f. & ef. 7-20-78; 1EB 18-1983(Temp), f. & ef. 12-20-83; Reverted to 1EB 29-1978, f. & ef. 7-20-78; 1EB 7-1986, f. & ef. 2-24-86; EB 25-1991(Temp), f. & cert. ef. 11-29-91; EB 16-1992, f. & cert. ef. 5-13-92; EB 22-1995, f. & cert. ef. 9-15-95; ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00; ODE 8-2001, f. & cert. ef. 1-29-01; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0051(7), ODE 10-2007, f. & cert. ef. 4-25-07; ODE 10-2023, amend filed 03/29/2023, effective 3/29/2023

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;

Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306