Oregon Revised Statutes Chapter 343 § 343.035 — Definitions for chapter

Definitions for chapter. As used in this chapter unless the context requires otherwise: (1) “Child with a disability” means a school-age child who is entitled to a free appropriate public education as specified by ORS 339.115 and who requires special education because the child has been evaluated as having one of the following conditions as defined by rules established by the State Board of Education: (a) Intellectual disability; (b) Deafness or being hard of hearing; (c) Speech or language impairment; (d) Visual impairment, including blindness; (e) Deafblindness; (f) Emotional behavior disability; (g) Orthopedic impairment; (h) Other health impairment; (i) Autism spectrum disorder; (j) Traumatic brain injury; (k) Specific learning disabilities; or (L) Developmental delay, if the child is three through nine years of age. (2) “Decision” means the decision of the hearing officer. (3) “Determination” means the determination by the school district concerning the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education to the child in a program paid for by the district. (4) “Developmental delay” means: (a) Delay, at a level of functioning and in accordance with criteria established by rules of the State Board of Education, in one or more of the following developmental areas: (A) Cognitive development; (B) Physical development, including vision and hearing; (C) Communication development; (D) Social or emotional development; or (E) Adaptive development; or (b) A disability, in accordance with criteria established by rules of the State Board of Education, that can be expected to continue indefinitely and is likely to cause a substantial delay in a child’s development and ability to function independently in society. (5) “Early childhood special education” means instruction that is: (a) Free, appropriate and specially designed to meet the unique needs of a preschool child with a disability; (b) Provided from three years of age until the age of eligibility for kindergarten; and (c) Provided in any of the following settings: (A) The home, a hospital, an institution, a special school, a classroom or a community child care setting; (B) A preschool; or (C) A combination of a setting described in subparagraph (A) of this paragraph and a preschool. (6) “Early intervention services” means services for preschool children with disabilities from birth until three years of age that are: (a) Designed to meet the developmental needs of children with disabilities and the needs of the family related to enhancing the child’s development; (b) Selected in collaboration with the parents; and (c) Provided: (A) Under public supervision; (B) By personnel qualified in accordance with criteria established by rules of the State Board of Education; and (C) In conformity with an individualized family service plan. (7) “Individualized education program” means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter. (8) “Individualized family service plan” means a written plan of early childhood special education, related services, early intervention services and other services developed in accordance with criteria established by rules of the State Board of Education for each child eligible for services under this chapter. (9) “Instruction” means providing children and families with information and skills that support the achievement of the goals and outcomes in the child’s individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas: (a) Communication development; (b) Social or emotional development; (c) Physical development, including vision and hearing; (d) Adaptive development; and (e) Cognitive development. (10) “Mediation” means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated. (11) “Order” has the meaning given that term in ORS chapter 183. (12) “Other services” means those services that may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds. (13) “Parent” means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate pare