Developmental Delay

581-015-2127 OAR

Developmental Delay

(1) If a child is suspected of having a developmental delay, the following evaluation must be conducted:

(a) Developmental History (English) (Spanish) as defined in OAR 581-015-2000(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;

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

(A) On the child's educational performance for a school-age child; or

(B) On the child's developmental progress for a preschool child; and

(g) Other evaluative information as necessary to determine eligibility.

(2) To be eligible for special education services as a child with a developmental delay, the child must meet all of the following minimum criteria. 1.5 or more standard deviations below the mean in two or more of the developmental areas:

(a) Cognitive development;

(b) Physical development;

(c) Communication development;

(d) Social or emotional development;

(e) Adaptive development.

(3) To be eligible for special education services as a child with a developmental delay, the eligibility team must also determine that:

(a) For a child age 3 to 5, the child’s disability has an adverse impact on the child’s developmental progress; or

(b) For a child age 5 through 9, the student's disability has an adverse impact on the student's educational performance.

(c) The child needs special education services as a result of the delay.

(d) The team has considered the child’s special education eligibility, and determined that the eligibility is not due to a lack of appropriate instruction in reading, including the essential components of reading instruction (phonemic awareness, phonics, vocabulary development; reading fluency/oral reading skills; and reading comprehension strategies); and is not due to a lack of appropriate instruction in math; and is not due to limited English proficiency; and is not due to another disability.

Statutory/Other Authority: ORS 326.051

Statutes/Other Implemented: ORS 326.051