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Special Education Eligibility Requirements Portland Public Schools Special Education Procedures Manual Section 4 Special Education Eligibility Requirements I. General Information about Eligibility A. Disability Categories--The Oregon Administrative Rules (OARs) specify minimum eligibility criteria for eleven disabilities: autism, communication disorder, deafblindness, hearing impairment, specific learning disability, mental retardation, orthopedic impairment, other health impairment, serious emotional disturbance, traumatic brain injury, and vision impairment. For each disability, the OARs specify the definition of the disability, who may make the eligibility decision, what information must be considered, and what criteria must be met. B. Eligibility Determination-- Eligibility decisions Eligibility Codes List must be made by a special education team 10 Intellectual Disability with the membership of an IEP team. The 20 Hearing Impairment special education team must always include 40 Vision Impairment someone who is knowledgeable of and 43 Deafblindness experienced in the education of students with 50 Communication Disorder the suspected disability. The team must 60 Emotional Disturbance include the student’s regular teacher, or if the 70 Orthopedic Impairment student does not have a regular teacher, a 74 Traumatic Brain Injury regular classroom teacher qualified to teach a 80 Other Health Impairment student of his or her age. 82 Autism Spectrum Disorder 90 Specific Learning Disability C. Primary/Secondary Disabilities--A student must be evaluated in all areas related to the suspected disability, and the IEP must address all of the student’s special education needs. If the special education team determines that a student is eligible in more than one category, the team must decide which disability is the primary disability. The primary disability should be the one that most adversely affects educational performance. A secondary disability should not be the result of another disability. Oregon rules do not require more than one eligibility for a student. II. Eligibility Procedures A. Schedule a Special Education Eligibility Meeting-- An evaluation team member is responsible for scheduling the eligibility meeting. The eligibility meeting must be scheduled within sixty (60) school days of the date that parents gave written consent for the evaluation. Parents are invited to this meeting. Use Notice of Team Meeting. If staff anticipate that the eligibility meeting will also include writing an IEP, check the box on the meeting notice for developing an IEP/placement as well as considering eligibility. Sec. 4 Special Education Eligibility Requirements – Page 1 Updated 8/2014 Portland Public Schools Special Education Procedures Manual B. Hold Eligibility Meeting: 1. Meeting facilitator--The special education team determines who will facilitate this meeting and who will take meeting minutes. 2. Review Evaluation Results-- Each evaluator contributes to a comprehensive written Evaluation Report. Using this report, each evaluator presents a brief overview of test results using standard test scores as well as curriculum based measures, emphasizing strengths and weaknesses, reviewing the implications of the evaluation for the student in the classroom, and responding to questions or concerns. 3. Consider and document parent input into evaluation and eligibility—Be sure evaluation reports and meeting minutes include parent observations about the student’s developmental and educational abilities and needs. 4. Determine eligibility and complete eligibility forms-- Those present at the meeting must determine whether all of the eligibility requirements for each suspected disability have been met. The eligibility forms for each disability include the required components. This can be done by referring to the numbered items of the eligibility checklist for the specific disability. The team should look at the student’s total performance considering teacher reports, observation data, inspection of student work, achievement and ability test scores, speech and language test scores, the parent interview, and behavior and personality testing. The eligibility forms are completed and signed by all team members present. 5. Notice of Special Education Action – If this is an initial eligibility, a change in eligibility, or a termination of eligibility, give parents Notice of Special Education Action. 6. Parent copies of eligibility documents—Give parents a copy of the evaluation reports, eligibility statements and meeting minutes. 7. Continue to IEP or Schedule IEP Meeting— The IEP meeting can be held right after eligibility determination. If the IEP is not developed at the eligibility meeting, then the IEP meeting should be scheduled. The IEP meeting must be held within 30 calendar days of determining eligibility. Since staff must give parents every opportunity to participate in the IEP meeting, schedule the IEP meeting as soon as possible after the eligibility to allow time for rescheduling if necessary. III. Columbia Regional Program Referral Process A. Low-incidence Disabilities: Students with low-incidence disabilities are eligible for supports through Columbia Regional Program. Low incidence disabilities include: autism Sec. 4 Special Education Eligibility Requirements – Page 2 Updated 8/2014 Portland Public Schools Special Education Procedures Manual spectrum disorder; deafblindness; hearing impairment; traumatic brain injury; vision impairment. B. To access Regional Services, complete the following steps: 1. Complete online referral form and print out. 2. Get referral form signed by the special education program administrator. 3. Fax referral and supporting information to the Columbia Regional Program. Fax: (503) 916-5576 Questions & Answers 1. Who determines eligibility? The determination of eligibility must be made by a team including persons knowledgeable about the student, the meaning of the evaluation data, the special education and related services options, and the parents. All special education staff who evaluated the student and the student’s classroom teacher must be present. If the occupational therapist or physical therapist evaluated the student, they must be invited to the meeting. In PPS, the IEP team functions as the eligibility team for the student. (See Sec. 7 IEP) 2. What happens if the team does not agree about the student’s eligibility? The meeting facilitator should try to reach consensus among team members. If consensus is not possible, then the staff person acting as district representative must decide and individual team members may indicate their agreement or disagreement when they sign the eligibility form. Individuals who disagree may attach a written statement explaining why they disagree. If the parent disagrees with the outcome, and the Special Education Program Administrator (PA) is not at the meeting, the PA must be informed. If the PA is not present and the team does not reach consensus, the team may agree to hold a second meeting with the PA present to facilitate this discussion. 3. May an eligibility meeting proceed without the parent in attendance? Yes. Parents must be invited and be given an opportunity to attend an eligibility meeting, but if parents refuse to attend or do not respond, the meeting may proceed without the parents. However, for initial eligibility, parents still must give written consent before special education services may begin. If parents do not attend the eligibility meeting, it is better to schedule a separate meeting to develop the IEP to give parents another opportunity to attend and participate in development of the student’s IEP. Sec. 4 Special Education Eligibility Requirements – Page 3 Updated 8/2014 Portland Public Schools Special Education Procedures Manual 4. What if the student is not eligible? The Statement of Eligibility is completed and signed. The parent may disagree with the eligibility decision and may put this in writing. The parents will be informed of the decision if they were not present, and be invited to a meeting to review evaluation results. The parent must be informed of his/her right to an independent evaluation. This should be done by reviewing the Procedural Safeguards booklet with the parents. If the student has a mental or physical impairment but does not need specially designed instruction to access their education, the student should be referred for consideration of a Section 504 plan. If so, this should be listed under “other factors” on the Notice of Special Education Action. 5. What is the district’s responsibility if a student who is eligible for special education moves into PPS? From another state: The school must provide comparable services while the special education team determines Oregon eligibility. See Sec. 23 Move in Students. From another Oregon school district: Current eligibility is valid, unless the special education team has reason to disagree with eligibility. Student must be served until team reevaluates and determines student is not eligible. See Sec. 23 Move in Students. 6. Must every evaluator be present and share results at the eligibility meeting? While it is best practice for the evaluator to be present and share results, another member of the team who is knowledgeable about the content area may share this information if the evaluator is unable to be present. Specific Information about Eligibility Categories The next section provides information specific to each eligibility category. The categories are presented in alphabetical order as follows: Autism Spectrum Disorder (82)
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