1. (1) Definition of Visual Impairment: For early intervention, early childhood special education, and school age special education, “Visual Impairment” means an impairment in vision that, even with correction, adversely affects an infant or toddler’s development or a child’s educational performance. The term visual impairment includes low vision, total blindness, limited visual acuity after correction, restricted visual field, and progressive eye conditions.

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

   1. (a) Documentation of a vision examination as defined in OAR 581-015-2000. The vision examination should indicate whether:

      1. (A) The child has a vision impairment that is uncorrectable by medical treatment, therapy or lenses; or
      2. (B) The vision examination results are inconclusive, and the child demonstrates inadequate use of residual vision;
   2. (b) A functional vision assessment conducted by a teacher of the visually impaired to identify the child's educational and compensatory needs, including a functional assessment of the child's residual visual acuity or field of vision; and

   3. (c) Any additional assessments determined by the evaluation team to be necessary to determine the impact of the suspected disability:

      1. (A) On the child's educational performance for a child age 5 to 21; or
      2. (B) On the child's developmental progress for a child age birth to 5.

3. (3) Eligibility Criteria & Determination: For a child to be eligible for services as a child with a visual impairment, the eligibility team must determine that:

   1. (a) The child has a visual impairment 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 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 13-2019, amend filed 05/17/2019, effective 07/01/2019
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