Representative McIntyre introduces bill for internal brain injury recognition in Oregon schools

May 05, 2025 | Education, Senate, Committees, Legislative, Oregon


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Representative McIntyre introduces bill for internal brain injury recognition in Oregon schools
The Senate Committee on Education convened on May 5, 2025, to discuss a proposed bill aimed at redefining eligibility criteria for special education services in Oregon. The meeting, chaired by Senator Frederick, featured testimony from State Representative Emily McIntyre, who introduced the bill based on concerns raised by a teacher in Eagle Point regarding students with internal brain injuries.

McIntyre explained that many students with acquired brain injuries—resulting from conditions such as tumors, infections, or accidents—struggle to qualify for Individualized Education Programs (IEPs) or 504 plans due to the Oregon Department of Education's (ODE) current definitions. She emphasized that these students often face unnecessary hurdles in accessing the support they need, as ODE does not recognize internal brain injuries in the same way that the Department of Human Services (DHS) does.

The proposed legislation seeks to align ODE's definitions with those of DHS, thereby allowing students with internal brain injuries to qualify for special education services without having to seek alternative diagnoses. McIntyre argued that this change would streamline the process for families, reducing the burden on parents who must currently navigate complex eligibility criteria.

Senator Gelser Blue raised concerns about whether the bill would ensure that students still undergo necessary assessments to determine their specific needs. McIntyre clarified that while assessments would still be required, the bill would simplify the process by allowing internal brain injuries to be recognized as valid grounds for accessing services.

David Kracke, Oregon's brain injury advocate coordinator, further supported the bill, highlighting the historical oversight in the Individuals with Disabilities Education Act (IDEA) that failed to account for internally caused brain injuries. He noted that the bill aims to rectify this gap, ensuring that students with such injuries are not unfairly categorized under other health impairments.

The committee's discussions underscored the importance of providing equitable access to education for all students, particularly those facing significant health challenges. The proposed bill is seen as a crucial step toward improving support for students with brain injuries, allowing them to receive the necessary educational resources without additional barriers.

As the meeting concluded, the committee members expressed a shared commitment to advancing the bill, recognizing the need for a more inclusive approach to special education in Oregon. Further discussions and potential amendments are expected as the legislative process continues.

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