Background Information for Respondents to Be Aware of

Background information for respondents to be aware of:

OAR 581-015-2000 is the OAR that defines the terms used in special education. OAR 581-015-2130 is the OAR that defines the criteria used to establish autism spectrum disorder special education eligibility. The administrative rules that govern special education reflect the governance established by the Individuals with Disabilities Education Act (IDEA). Any Board decision made regarding OARs must be in compliance with the Individuals with Disabilities Education Act-2004 (IDEA) regulation. The purpose of these rules and regulations is to define the process used to establish special education eligibility in Oregon and define the special education terms school district use. OAR 581-015-2000 was last revised in 2015. OAR 581-015-2130 was revised in 2007.

In 2013, the Oregon Commission on Autism Spectrum Disorders (OCASD) put forward to the Oregon Department of Education (ODE) a recommendation for potential changes to the autism spectrum disorder (ASD) definition and ASD special education eligibility criteria, OARs 581-015-2000 and 581-015-2130. This proposal sought to better align special education eligibility criteria with medical criteria for ASD in an effort to relieve confusion for parents/guardians receiving conflicting eligibility determinations from educational teams and medical teams. A recommendation was made by OCASD to establish the criteria in the Diagnostic and Statistical Manual of Mental Disorders 5th version (DSM-V) as the primary criteria to establish special education eligibility in the area of ASD.

DSM-V is the handbook developed by medical clinicians/researchers used by health care professionals in the United States as the authoritative guide to diagnose a mental disorder. DSM-V contains the descriptions, symptoms, and other criteria needed to establish a medical diagnosis of a mental disorder.

IDEA Federal Regulations:

Section 300.306 of the federal regulations for the Individuals with Disabilities Education Act reauthorized in 2004 (IDEA ’04 require the following to determine eligibility:

(a) General. Upon completion of the administration of assessments and other evaluation measures-(1) A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined in Section 300.8 in accordance with paragraph (c) of this section and the educational needs of the child; and (2) The public agency provides a copy of the evalution report and the documentation of determination of eligibility at no cost to the parent. (b) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part-(1) If the determinant factor for that determination is –(i)Lack of approipriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA); (ii)Lack of appropriate instruction in math; or (iii) Limited English proficiency; and (2) If the child does not otherwise meet the eligibility criteria under Section 300.8(a). (c)Procedures for determining eligibility and educational need. (1)In interpreting evaluation data for the purpose of determining if a child is a child with a disability under Section 300.8, and the educational needs of the child, each public agency must-(i)Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child’s physical condition, social or cultural background, and adaptive behavior,; and (ii)Ensure that information obtained from all of these sources is documented and carefully considered. (2) If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with Sections 300.320 through 300.324.

Section 300.8 of the federal regulations for the Individuals with Disabilities Education Act reauthorized in 2004 (IDEA ’04) define autism:

(1)

(i)Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

(ii)Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section.

(iii)A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied.

OAR 581-015-2000 (in part)- Only the portions of this OAR that are being considered for revision are provided here. Proposed changes are underlined. Current OAR language that would be removed is shown using a strikeout:

Definitions

(4) "Children with disabilities" or "students with disabilities" means children or studentswho require special education because of:evaluated in accordance with OAR 581-015-2100 through 581-015-2180 as havingautism; communication disorders; deafblindness; emotional disturbances; hearing impairment, including deafness; intellectual disability; orthopedic impairments; other health impairments; specific learning disabilities; traumatic brain injuries; or visual impairments, including blindness, and who, by reason thereof, need special education and related services.

If it is determined through an appropriate evaluation in accordance with OAR 581-015-2100 through 581-015-2180, that a child has one of the disabilities identified in section (4) above, but only needs a related service and not special education, the student is not a student with a disability under this OAR.

If, consistent with OAR 581-015-2000 (28), the related service required by the child is considered special education rather than a related service, the child would be determined to be a child with a disability under this OAR.

The terms used in the definition of a child with a disability are defined as follows:

(a) "Autism" means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three that adversely affects a child's educational performance. Other characteristics that may be associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Essential features are typically but not necessarily manifested before age three. Autism may include autism spectrum disorders such as but not limited to autistic disorder, pervasive developmental disorder, not otherwise specified, and Asperger's syndrome. The term does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance. However, a child who qualifies for special education under the category of autism may also have an emotional disturbance as a secondary disability if the child meets the criteria under emotional disturbance.Autism eligibility does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined by OAR 581-015-2145. A child who manifests the characteristic of autism after age three could be identified as having autism if the criteria in OAR 581-015-2130 are satisfied.

(8) “Developmental history” means an account of how and when a child/student met developmental milestones.

(38) “Standardized behavior rating tool” means an assessment instrument designed to obtain the perceptions or judgments of a subject’s behavior in a standardized format. Rater’s may be the subject (self-rating) or others with the opportunity to observe and describe aspects of the subject’s behavior (i.e., parents, teachers, etc.)

OAR 581-015-2130 Proposed changes are underlined. Current OAR language that would be removed is shown using a strikeout:

Autism Spectrum Disorder

(1) If a child is suspected of having an autism spectrum disorder, the following evaluation must be conducted:

(a) Developmental profile Developmental History. A developmental profiledevelopmental history that describes the child's historical and current characteristics that are associated with an autism spectrum disorder, including:

(A) Impairments in communication;

(B) Impairments in social interaction;

(D) Unusual responses to sensory experiences.

(b) Observations. At least three observations of the child's behavior, at least one of which involves direct interactions with the child. The observations must occur in multiple environments, on at least two different days, and be completed by one or more licensed professionals knowledgeable about the behavioral characteristics of autism spectrum disorder.

(c) Communication assessment. An assessment of communication to address the communication characteristics of autism spectrum disorder, including measures of language semantics and pragmatics completed by a speech and language pathologist licensed by the State Board of Examiners for Speech-Language Pathology and Audiology or the Teacher Standards and Practices Commission;

(d) Medical or health assessment statement. A medical statement or a health assessment statement indicating whether there are any physical factors that may be affecting the child's educational performance;

(e) Behavior rating tool Standardized behavior rating tool. An assessment using an appropriatea standardized behavior rating toolor an alternative assessment instrument that identifies characteristics associated with an autism spectrum disorder.

(f) Other.

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

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

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

(iii) A vision and/or hearing screening, if none has been done in the past 12 months.

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

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

(a) The team must have documented evidence that the child demonstrates all of the characteristics listed under subsection (1)(a). Each of these characteristics must be:

(A) Characteristic of an autism spectrum disorder;

(B) Inconsistent or discrepant with the child's development in other areas; and

(3) For a child to be eligible for special education services as a child with an autism spectrum disorder, the eligibility team must also determine that:

(a) The child's disability has an adverse impact on the child's educational performance; and

(b) The child needs special education services as a result of the disability.

(4) 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.

DSM-5 criteria:

(A) Persistent deficits in social communication and social interaction across multiple contexts, as manifested by the following, currently or by history (examples are illustrative, not exhaustive):

(i)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 interactions,

(ii)Deficits in nonverbal communication 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 total lack of facial expressions and nonverbal communication, and

(iii)Deficits in developing, maintaining, and understanding relationships, ranging, for example, from difficulties adjusting behavior to suit various social contexts, difficulties in sharing imaginative play or making friends; to absence of interest in peers; and

(B)Restricted, repetitive patterns behaviors, interests, or activities, as manifested by at least two of the following currently or by history (examples are illustrative, not exhaustive):

(i) Stereotyped or repetitive motor movements, use of objects, or speech (e.g., motor stereotypes, lining up toys or flipping objects, echolalia, idiosyncratic phrases).

(ii) 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 same route or eat same food every day).

(iii)Highly restricted, fixated interests that are abnormal in intensity or focus (e.g. strong attachment to or preoccupation with unusual object, excessively circumscribed or perseverative interests).

(iv)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)

(C) Symptoms must be present in the early developmental period (but may not become fully manifest until social demands exceed limited capacities, or may be masked by learned strategies later in life).

(D) Symptoms cause significant impairment in social or other important areas of current functioning.

(E) these disturbances are not better explained by intellectual disability or global developmental delay. Intellectual disability and autism spectrum disorder frequently co-occur: to determine that a child has both autism and intellectual disability, social communication should below that expected for the child’s general developmental level.