1. (1) Definition of “Deaf or Hard of Hearing”: "Deaf or hard of hearing" means an impairment in hearing, whether permanent or fluctuating, that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification.

   1. (a) For early intervention: this impairment in hearing must currently affect or have the potential to significantly affect an infant or toddler’s developmental progress. The infant or toddler's hearing level does not need to be presently affecting their development for the infant or toddler to be eligible for early intervention services.
   2. (b) For early childhood and school age special education: this impairment in hearing must adversely affect the child's developmental progress (age 3 to 5) or educational performance (age 5 to 21).

2. (2) Comprehensive Evaluation: If a child is suspected of being deaf or hard of hearing, a comprehensive evaluation for early intervention, early childhood special education, or school age special education services must be conducted, including the following:

   1. (a) Documentation of an audiological assessment as defined in OAR 581-015-2000;

      1. (A) The audiological assessment must indicate whether the hearing loss is conductive hearing loss or sensorineural hearing loss.
      2. (B) For conductive hearing loss, a medical examination as defined in OAR 581-015-2000 that documents whether the hearing loss is treatable.
   2. (b) For early intervention, any additional evaluations or assessments necessary to identify the infant or toddler’s needs.

   3. (c) For early childhood and school age special education: Any additional assessments necessary to determine the impact of the suspected disability:

      1. (A) On the child's developmental progress for a preschool child (age 3 through 5); or
      2. (B) On the child's educational performance for a school-age child (age 5 through 21); and
      3. (C) Any additional evaluations or assessments necessary to identify the child's developmental or educational needs.

3. (3) Eligibility Criteria: To be eligible as a child who is deaf or hard of hearing for early intervention, early childhood special education, or school age special education, the child must meet the following criteria

   1. (a) The child must have hearing thresholds in at least one ear of 25 dBHL or greater at two or more consecutive frequencies at 500 Hz, 1000 Hz, 2000 Hz, 4000 Hz, 6000 Hz and 8000 Hz; or
   2. (b) The hearing loss is due to auditory neuropathy spectrum disorder (ANSD) or aural microtia/atresia, as determined by documentation of an audiological assessment as defined by OAR 581-015-2000.

4. (4) Eligibility Determination: For a child to be eligible for early intervention, early childhood special education, or school age special education services as a child who is deaf or hard of hearing, the eligibility team must determine that:

   1. (a) The child is deaf or hard of hearing as defined in this rule; and
   2. (b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

Statutory/Other Authority

ORS 343.035(1), 343.045, 343.146 & 343.157

Statutes/Other Implemented

ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306

History

ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 10-2020, minor correction filed 04/21/2020, effective 04/21/2020
ODE 8-2020, amend filed 03/20/2020, effective 03/21/2020
ODE 14-2017, f. & cert. ef. 7-5-17
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78