STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY
Title/OAR #: Emotional Disturbance/581-015-2145
Date: October 21, 2011
Staff/Office: Steve Woodcock/Office of Student Learning & Partnerships
New Rule
Amend Existing Rule
Repeal Rule
Hearings Officer Report Attached
Prompted by:
State law changes
Federal law changes
Action Requested:
Written Item/First Reading
Adoption
Other
Adoption/Consent Agenda
PROPOSED/AMENDED RULE SUMMARY: Clarify and amend state administrative rules to conform with
changes in federal IDEA law.
BACKGROUND:
It was discovered during the process of updating the OARs to comply with Senate Bill 3 (2011) that the
administrative rule which addresses special education eligibility requirements for emotional disturbance was
incomplete. This proposed change in OAR 581-015-2145 brings this rule in alignment with the federal defintion
of a child with an emotional disturbance disablity (34 CFR 300.8(c)(4)(i)(A)).
The 2004 Amendments to the IDEA, effective July 2005, and corresponding regulations, effective October
2006, required changes to state regulations. Regulations were updated to reflect more current language, and
some regulations have been amended for clarity or to align more closely with the federal statutes and
regulations. The enormous task to make changes in state regulations included amendments to rules in all
sections, including: definitions, general supervision, free appropriate public education, child find, consent,
evaluation and eligibility, parent participation, IEP, placement and least restrictive environment, children in
public schools placed by a private agency, procedural safeguards, Section 504 hearings, discipline for children
with disabilities, children in private schools enrolled by their parents, use of public or private insurance, regional
programs, special programs, and early intervention/early childhood special education.
ISSUES/CONCERNS THAT SURFACED DURING RULE WORK:
No issues or concerns have surfaced to date.
CHANGED SINCE LAST BOARD MEETING?
N/A; first read—hasn’t been before board
No; same as last month
Yes – As follows:
STAFF RECOMMENDATION:
Adopt administrative rule as prepared this month
Adopt next month administrative rule as prepared
No recommendation at this time (rarely used)
1
Created by CH on 8/4/11
OAR 581-015-2145 Emotional Disturbance Eligibility Criteria
(1) If a child is suspected of having an emotional disturbance, the following evaluation must be conducted:
(a) Social-emotional evaluation. An evaluation of the child's emotional and behavioral status, including a
developmental or social history, when appropriate.
(b) 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;
(c) Behavior rating scales. The completion of at least two behavior-rating scales, at least one of which is a
standardized behavior measurement instrument;
(d) Observation. An observation in the classroom and in at least one other setting by someone other than the child's
regular teacher;
(e) 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
(B) Any additional evaluations or assessments necessary to identify the child's educational needs.
(2) To be eligible as a child with an emotional disturbance, the child must meet the following minimum criteria:
(a) The child exhibits one or more of the following characteristics over a long period of time and to a marked degree:
(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors;
(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
(C) Inappropriate types of behavior or feelings under normal circumstances;
(D) A general pervasive mood of unhappiness or depression; or
(E) A tendency to develop physical symptoms, or fears associated with personal, or school problems.
(3) For a child to be eligible for special education services as a child with an emotional disturbance, 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 who is socially maladjusted may not be identified as having an emotional disturbance unless the child also
meets the minimum criteria under this rule.
Stat. Auth.: ORS 343.035(1), ORS 343.045, ORS 343.146, ORS 343.157
Stats. Implemented: ORS 343.035(1), ORS 343.045, ORS 343.146, ORS 343.157, 34 CFR 300.8; 34 CFR 300.306
2