Eligibility

What are the Differences Between Special Education and Section 504 Eligibility?

Special Education

Special education eligibility rules were established by the the Individuals with Disabilities Education Act (IDEA); some state rules expand on and provide even more protections than IDEA. The Oregon Administrative Rules related to Special Education (see current OARS here) set criteria for 11 disabilities. Students determined eligible for special education services must meet all three of the following criteria: 1. the student has one or more of the disabilities identified in regulation, 2. the identified disability or disabilities cause a lack of effective educational progress, and 3. the student requires specially designed instruction related to their disability to access the general curriculum.

Special education eligibility decisions are made by Individualized Education Program (IEP) teams. These teams must include someone who is knowledgeable of and experienced in the education of students with the suspected disability and the student’s regular teacher, or if the student does not have one, a regular classroom teacher qualified to teach a student of the same age.

Special education eligibility determinations are based on data obtained through comprehensive evaluations. Evaluation information includes the existing data gathered about the student through the referral process and any additional assessments needed to determine whether a student is eligible for special education.

Section 504

504 plans originated in the Rehabilitation Act of 1973 (i.e., Section 504), a civil rights law aimed to protect people with disabilities by eliminating disability-related barriers that could prevent them from full participation in areas of their life (e.g., education, workplace). Section 504 plans are for students who have a disability, a record of a disability, or a history of being treated as having a disability but do not qualify for special education services under IDEA. These students typically meet two of the three prongs of special education eligibility (see below) but do not require specially designed instruction; the relatively more flexible eligibility criteria of Section 504 compared to IDEA is due to the law only requiring evidence that the disability substantially limits one or more basic life activities . Note: Students who are ineligible for services or are no longer entitled to services under IDEA (e.g. students with specific learning disability who make significant academic improvements) may be entitled to accommodations under Section 504 (see Section 504 for more information).

Disability Categories Identified in OARS (click for current Oregon legal info about specific eligibilities)

Three Prongs of Special Education Eligibility

What does an Eligibility Meeting Look Like?

At eligibility meetings, the school team and parent come together to review all available information, including information collected during evaluations, to determine whether a student meets or continues to meet disability eligibility criteria in all areas of suspected disability. When new evaluations have been conducted, each evaluator provides a summary of their results. Parent input is then elicited and documented. Next, the team determines eligibility by completing eligibility forms for each disability considered and the eligibility summary form. Finally, all team members sign the eligibility summary form.

Eligibility Meeting Notes (fillable)

What Happens When There is not consensus Among Team Members Regarding Eligibility?

This will be updated.

What Happens When Parent(s) Disagree with the Determination(s)?

This will be updated.

Disability-Specific Information

What is a Specific Learning Disability?

OAR 581-015-2000 Definitions (i) "Specific Learning Disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations. Specific learning disability includes conditions such as perceptual disabilities, brain injury, dyslexia, minimal brain dysfunction, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, intellectual disability, emotional disturbance, or environmental, cultural, or economic disadvantage.

Four questions guide the IEP Team in determining SLD eligibility.

1. Is the student achieving adequately for his or her age or to meet Oregon grade-level standards in one or more of the following areas when provided with learning experiences and instruction appropriate for his or her age or Oregon grade-level standards: (A) Basic reading skills: (B) Reading fluency skills; (C) Reading comprehension; (D) Mathematics calculation; (E) Mathematics problem-solving; (F) Written Expression; (G) Oral expression; or (H) Listening comprehension.

2. Does the student exhibit a pattern of cognitive strengths and weaknesses relevant to the identification of a specific learning disability?

An SLD profile should reflect a pattern of average or better general cognitive functioning (i.e., standard scores generally at or above 90) as well as strengths in areas not as highly correlated with the presenting problem.
An SLD profile should also reflect significant weakness (i.e., standard scores generally below 80 on cognitive testing; at-risk or clinically elevated scores on relevant scales of behavior rating measures) in one or more of the basic psychological processes involved in understanding or in using language, spoken or written.

***Exclusionary factors – The IEP team must determine that identified weaknesses are not primarily the result of visual, hearing, or motor disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency; and not due to lack of appropriate instruction in reading and mathematics (see Appendix A for additional information regarding exclusionary factors).

3. Is there a relationship between the cognitive deficits and academic deficits?

To determine a relationship between cognitive processing weaknesses and academic deficits, the evaluator is referred to the LINKING CHC TO INTERVENTION worksheet (see Appendix B for the basic process grid). The evaluator should also carefully review secondary data (e.g., observations, parent and teacher reports), as standardized score differences by themselves typically provide only partial explanations for academic deficits and offer limited assistance in selecting or developing educational strategies and interventions.

4. Is there evidence of functional impairment (educational need)?

The final team consideration is whether any identified disability demonstrates some negative or adverse impact on educational performance and functioning. Evidence the IEP team considers when determining functional impairment (i.e., educational need) includes, but is not limited to, failing grades, performance on state and local assessments, and grade retention.

MRSD SLD Determination 8.9.2016.docx

SLD Determination Worksheet.docx

What is a Communication Disorder?

Students with “Communication Disorder” may display a variety of speech and language problems, such as stuttering, impaired articulation, phonological disorder, language impairment, or voice impairment that adversely affects their educational performance. A language impairment may manifest in one or more of the following components of language: morphology, syntax, semantics, or pragmatics. The impairment may NOT be related primarily to limited exposure to communication-building experiences, the normal process of acquiring English as a second language, or dialect use.

Articulation Disorder

An articulation disorder refers to difficulties with productions of speech sounds later than the typical age of acquisition.

Phonological Process Disorder

A phonological process disorder exists when the student consistently uses phonological process errors to the extent that listeners do understand what is being said or may pay more attention to the way words are pronounced than to their meaning.

Fluency Disorder

A fluency disorder exists when an abnormal rate of speaking and/or involuntary repetitions, prolongations or blocks interfere with effective communication. These dysfluencies may be accompanied by secondary behaviors. To be eligible for specially designed instruction in speech fluency, a fluency disorder must adversely affect the student’s educational performance.

Voice Disorder

A voice disorder exists when vocal characteristics of pitch, intensity, quality or resonance interfere with communication, draw unfavorable attention, adversely affect the speaker or listener, and/or are inappropriate to the age or gender of the students; these impairments may be organic or functional in nature. “All students with voice disorders must be examined by a physician. The physician’s examination may occur before or after the voice evaluation by the Speech Language Pathologist”, but MUST be completed before eligibility can be established.

Language Disorder

A language disorder exists when comprehension and/or oral expression is impaired. To be eligible for specially designed instruction in language, the language impairment must adversely affect the student’s educational performance in at least one of the following areas:

Morphology: the system of language rules that govern structure of words and the construction of work forms.
Syntax: the system of language rules that govern the order and combination of words to form sentences and the relationships of the elements within a sentence.
Semantics: the system of language rules that govern the meaning of words in sentences.
Pragmatics: the system of language rules that combine language components in functional, socially appropriate communication.

MRSD Speech-Lang Eligibility Guidelines 2017.doc.docx

What is Other Health Impairment (OHI)?

OAR 581-015-2000 Definitions (i) "Other Health Impairment" means limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, that:

(i) Is due to chronic or acute health problems (e.g. a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, attention deficit disorder, attention deficit hyperactivity disorder, leukemia, Tourette's syndrome or diabetes); and

(ii) Adversely affects a child's educational performance.

*Note a medical statement is required for OHI eligibility. Once written parent permission and release of information for a physician is obtained, a medical statement can be generated in Ad Hoc documents in Synergy and faxed to the physician. There is not a specific list of disorders that may qualify for OHI. Instead, MRSD staff must ensure the condition meets the following conditions:

1. is chronic (expected to last 60 or more days; the physician indicates this on the Medical Statement)

2. causes limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment

3. requires specially designed instruction

Release of Information/Authorization Forms

(the forms below are required to use and/or disclose educational and/or protected health information regarding students with an outside agency or individual).

What Should the School Team do if a Medical Statement is not Obtained Prior to an Eligibility Meeting?

If the student may qualify for other eligibilities that do not require a medical statement, those eligibilities may be determined and the team can indicate in the meeting notes insufficient information (i.e., medical statement) was available to determine the student qualified in the areas requiring medical statement(s) (e.g., OHI, emotional disturbance, intellectual disability, etc.).

If the only suspected disability is OHI, then the student does not qualify until the OHI form is in hand to present to the eligibility team. This is also true for Orthopedic Impairment, Traumatic Brain Injury, and any other eligibility requiring a signed medical statement from a physician.

What is Autism Spectrum Disorder (ASD)?

The Oregon Department of Education has recently notified districts of revisions in the Oregon Administrative Rules regarding autism eligibility that will become effective January 1, 2019:

To be eligible as a child with an autism spectrum disorder, the child must meet all of the following minimum criteria:

The team must have documented evidence that the child demonstrates a pattern of characteristics defined as all three social communication deficits, and at least two of the four restricted, repetitive patterns of behavior, interests, or activities contained in this section:
Child demonstrates persistent deficits in social communication and social interaction across multiple contexts, as evidenced by all of the following, currently or by history (must exhibit all three; examples are illustrative, not exhaustive):
- Deficits in social-emotional reciprocity, ranging, for example, from abnormal social approach and failure of normal back-and-forth conversation; to reduced sharing of interests, emotions, or affect; to failure to initiate or respond to social interactions;
- Deficits in nonverbal communicative behaviors used for social interaction, ranging, for example, from poorly integrated verbal and nonverbal communication; to abnormalities in eye contact and body language or deficits in understanding and use of gestures; to a total lack of facial expressions and nonverbal communication;
- Deficits in developing, maintaining, and understanding relationships, ranging, for example, from difficulties adjusting behavior to suit various social contexts; to difficulties in sharing imaginative play or in making friends; to absence of interest in peers.
Restricted, repetitive patterns of behavior, interests, or activities, as evidenced by at least two of the following, currently or by history (must exhibit at least two of four; examples are illustrative, not exhaustive):
- Stereotyped or repetitive motor movements, use of objects, or speech (e.g., simple motor stereotypes, lining up toys or flipping objects, echolalia, idiosyncratic phrases);
- Insistence on sameness, inflexible adherence to routines, or ritualized patterns of verbal or nonverbal behavior (e.g., extreme distress at small changes, difficulties with transitions, rigid thinking patterns, greeting rituals, need to take the same route or eat the same food every day);
- Highly restricted, fixated interests that are abnormal in intensity or focus (e.g., strong attachment to or preoccupation with unusual objects, excessively circumscribed or perseverative interests); or
- Hyper- or hypo-reactivity to sensory input or unusual interest in sensory aspects of the environment (e.g., apparent indifference to pain/temperature, adverse response to specific sounds or textures, excessive smelling or touching of objects, visual fascination with lights or movement).
Characteristics are generally evident before age three, but may not have become fully evident until social demands exceed limited capacities, or may be masked by learned strategies.
The characteristics of autism spectrum disorder are not better described by another established or suspected eligibility for special education services.
- A child may not be eligible for special education services on the basis of an autism spectrum disorder if the child's primary disability is an emotional disturbance under OAR 581-015-2145. However, a child with autism spectrum disorder as a primary disability may also have an emotional disturbance as a secondary disability.
To be eligible for special education services as a child with an autism spectrum disorder, the eligibility team must also determine that:
- For a child age 3 to 5, the child’s disability has an adverse impact on the child’s developmental progress; or
- For a child age 5 to 21, the student's disability has an adverse impact on the student's educational performance.
- The child needs special education services as a result of the disability.
- 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.

Students with ASD demonstrate all three social communication deficits and at least two of the four restricted, repetitive patterns of behavior, interests, or activities

Where Can I Find More Guidance and Support Documents Regarding Autism Eligibility in Oregon?

“I heard that the new educational criteria more closely align with the medical DSM-5 diagnostic criteria. Does this mean that having a medical diagnosis is the same as having as an educational eligibility?”

No. An educational eligibility remains distinct from a medical diagnosis. Although the educational criteria is now aligned with the medical model, an education evaluation must go further to establish the need for specially designed instruction (SDI) and related services.

“We have documentation of a medical/clinical evaluation diagnosing ASD. May we use components from this evaluation to meet certain procedural requirements?”

Yes. For example, if the team obtains a clinical report completed by a clinician that includes results from an Autism Spectrum Rating Scales (ASRS), the team may use the results to meet the requirement for a Standardized Autism Identification Tool. Take care to ensure the evaluation was completed recently enough to reflect the child’s current performance.

“What is the speech-language pathologist’s role on the evaluation team?”

The SLP is responsible for completing the social communication assessment (SCA), alongside team members who are responsible for completing other components. The other evaluation team members play an important role in evaluating core social communication deficits associated with ASD. Each team member contributes their insights in determining eligibility across all seven domains. The SLPs view regarding the presence or absence of social communication deficits associated with ASD holds neither more or less sway than the other evaluation team member.

“When a child comes up for re-evaluation and was made eligible under the previous criteria, can we re-establish eligibility using only previously completed assessments (i.e. “rollover” components from the previous eligibility to the new)?”

No. Due to additions to the required components, the team will have to convene an evaluation planning meeting and obtain consent for the components needed to meet the new criteria in effect as of January 1, 2019. Remember that the team may carry forward previously completed evaluation components that align with the new criteria.

“How is the new criteria likely to change the number of children found eligible with ASD?”

ODE presented information to the state board indicating a significant change is not anticipated.

“A student is transitioning from ECSE to kindergarten. Do we have to re-evaluate using the new criteria?”

No. A re-evaluation will be done using the new criteria at the next triennial review. For example, if the student was made eligible at age 3 years, the re-eligibility will be conducted when he is 6 years old, but may be conducted earlier if the team so decides.

ASD OAR Presentation

ASD Technical Assistance Paper 1-29-19.pdf

What are Low Incidence Disabilities (e.g., Blind and Visually Impaired and Deaf and Hard of Hearing)

MRSD is supported by the Columbia Regional program (CRP) for low incidence disabilities, including deaf, hard of hearing, blind, and low vision. Hearing impaired (HI) refers to a hearing condition, whether permanent or fluctuating, that adversely affects a child's educational performance (The American Speech and Hearing Association has a wonderfully concise introduction to hearing loss: here. The term includes those children who are hard-of-hearing or deaf. Visual Impairment (VI) is a condition that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.

**Effective July 1, 2019 there is a revised OAR for Vision Impairment Eligibility. Acuity and field restriction requirements have been removed, and this change has the potential to increase the number of evaluations for functional vision assessments by regional teachers of the visually impaired. Columbia Regional Program Teachers of the Visually Impaired are familiar with the changes and will be able to work with our evaluation teams to understand and apply the new eligibility requirements.

How do I Assist Eligible Students in Accessing Columbia Regional services?

ln order to access CRP services, MRSD must complete a referral to Columbia Regional Program including documentation of the student's disability that warrants eligibility. Please follow the referral procedure from Columbia Regional detailed here.

Blind and Visually Impaired Referral Information

If you suspect that a student will be eligible for special education under the category of Visual Impairment (VI):
1. Obtain a medical eye report completed by an optometrist or ophthalmologist. This report should include diagnosis and acuities, and should be included with the referral. CRP's eye report form is recommended.
2. Complete a Student Referral Form
3. For a student moving in with an existing VI eligibility, please include the move-in eligibility form and IEP.
4. Fax or mail the completed referral and eye report to CRP.
  - Fax: 503-916-5576
  - Mail: Columbia Regional Program - 833 NE 74th Ave. - Portland, OR 97213
When CRP receives the referral:
1. CRP contacts the person who submitted the referral.
2. The referring district or agency convenes the evaluation planning meeting to obtain parent consent to evaluate. A teacher of the visually impaired (TVI) is available upon request to assist with evaluation planning.
3. Under procedures/tests, the consent to evaluate should list:
  - Functional Vision Assessment: To determine how a child uses vision in functional, everyday tasks. Used to determine educational impact and guide IEP planning.
  - Learning Media Assessment (for children age 3 and up): To determine the student's primary learning/literacy medium.
4. The TVI conducts the assessment(s).
5. The referring district convenes a meeting to review evaluation results, determine eligibility, and write/amend the eligible student’s IEP.

FREQUENTLY ASKED QUESTIONS REGARDING REFERRALS FOR BVI SERVICES

Q. What are the requirements to establish eligibility under Vision Impairment and receive regional BVI services?
- A. There are three conditions that must be met to establish eligibility under VI.
  1. One or more of the following medical criteria:

- - The student’s residual acuity is 20/70 or less in the better eye with correction.
  - The student’s visual field is restricted to 20 degrees or less in the better eye.
  - The student has an eye pathology or a progressive eye disease which is expected to reduce acuity to 20/70 in the better eye or reduce visual field to 20 degrees or less in the better eye.
  - The assessment results of a licensed ophthalmologist or optometrist are inconclusive, and the student demonstrates inadequate use of residual vision

2. The team determines that the child's disability has an adverse impact on the child's educational performance.*

3. The team determines that the student needs special education services including specially designed instruction to address the educational impact of the visual impairment.

- - - *"Adverse impact" is determined differently depending upon the age of the student. For students in kindergarten through age 21, the student’s disability has an adverse impact on the student’s educational performance. For children age three up to kindergarten, the student's disability has an adverse impact on the child’s developmental progress.

Q. Who is responsible for obtaining the medical eye report?
- A. The referring district, program or ESD is responsible for obtaining and submitting the medical eye report along with the CRP referral. The eye report is necessary to complete the VI eligibility determination.
Q. Can the standard Medical or Health Assessment Statement or Medical Condition Statement be used for VI evaluations and to establish eligibility?
- A. Not by itself. The Medical or Health Assessment Statement or Medical Condition Statement provides very limited information and lacks the details necessary (e.g.: diagnosis, acuity) for determining eligibility.
Q. What can I do to ensure that we obtain the eye report in a timely manner?
- A. Here are some tips:
  - Obtain a signed release of information from the parents as soon as possible between the medical eye care provider and Columbia Regional Program. Some providers (like Casey Eye/OHSU and Kaiser) require that you use their own release of information form.
  - Call first and ask if clinic has specific process for requesting reports.
  - Consent form should include the name of the clinic and/or specific doctor who is releasing this information.
  - Fill out the form carefully; requests are likely to be denied if parts of the request are incomplete.
  - Consent form should include releasing information to the district or program and Columbia Regional Program.
  - Include the child’s date of birth.
  - Submit the request for the medical eye report right away. Turn-around times vary by clinic.
Q. Do you have a list of contacts for eye health care professionals in the community?
- A. We don’t maintain a provider list. EI/ECSE agencies have lists of providers, and families can check with the primary care provider, insurance provider, or do an online search.
Q. What kind of evaluations do we need to do an eligibility for a vision impairment?
- A. The Teacher of the Visually Impaired (TVI) will conduct a Functional Vision Assessment for children of all ages. The Teacher of the Visually Impaired (TVI) will additionally conduct a Learning Media Assessment for children age three and older.
If you have additional questions, contact Kate Dilworth kdilwort@pps.net or call 503.916.5570 ext. 78243

Deaf and Hard of Hearing Referral Information

CRP has a new Student Referral Form
When referring students to request an evaluation to determine eligibility under Hearing Impairment (HI), you must include a copy of a current audiogram with the referral.
When requesting an audiological evaluation (only available to children aged birth-to-five), you must provide documentation of two failed hearing screenings.
To initiate services from a teacher of the deaf/hard of hearing for a student with an existing HI eligibility, you must submit a copy of the current HI eligibility statement with the referral, a copy of the current IEP or IFSP, and (if available) a copy of a current audiogram and medical or health assessment statement.
Fax or mail the completed Student Referral Form and required documents to:
- Fax: 503-916-5576
- Mail: Columbia Regional Program - 833 NE 74th Ave. Portland, OR 97213
If you have additional questions, contact Stephanie Corvi scorvi@pps.net or call 503.916.5570 ext. 78317

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