2011 ORS § 343.146¹
Determination of eligibility for special education services
  • evaluation
  • reevaluation
  • medical or vision examination
  • health assessment

(1) To receive special education, children with disabilities shall be determined eligible for special education services under a school district program approved under ORS 343.045 (Criteria for development and operation of special programs) and as provided under ORS 343.221 (Special education required).

(2) Before initially providing special education, the school district shall ensure that a full and individual evaluation is conducted to determine the childs eligibility for special education and the childs special educational needs.

(3) Eligibility for special education shall be determined pursuant to rules adopted by the State Board of Education.

(4) Each school district shall conduct a reevaluation of each child with a disability in accordance with rules adopted by the State Board of Education.

(5) If a medical or vision examination or health assessment is required as part of an initial evaluation or reevaluation, the evaluation shall be given:

(a) In the case of a medical examination, by a physician licensed to practice by a state board of medical examiners or a state medical board;

(b) In the case of a health assessment, by a nurse licensed by a state board of nursing and specially certified as a nurse practitioner or by a licensed physician assistant; and

(c) In the case of a vision examination, by an ophthalmologist or optometrist licensed by a state board. [1999 c.989 §12; 2005 c.662 §2; 2007 c.86 §4]