DETERMINATION OF ELIGIBILITY  
 
Authorities: 20 U.S.C. § 1021; 34 C.F.R. Part 300; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P Upon completion of the FULL INDIVIDUAL AND INITIAL EVALUATION, the admission, review, and dismissal (ARD) committee must determine whether: 300.306(a)(1)
89.1050(a)

D
  • The child has a disability; and
300.8(a)(1)
300.306(a)(1)

D
  • By reason of the disability, the child needs special education and related services.
300.8(a)(1)
300.306(a)(1)

P If it is determined, through an appropriate evaluation under the FULL INDIVIDUAL AND INITIAL EVALUATION frameworks, that a child has one of the disabilities but only needs a related service and not special education, the child is not a child with a disability under the Individuals with Disabilities Education Act. 300.8(a)(2)

ANALYSIS OF DETERMINANT FACTORS



D A child must not be determined by the ARD committee to be a child with a disability if the determinant factor for such determination is: 300.306(b)

D
  • Lack of appropriate instruction in reading, including in the essential components of reading instruction as defined in the Elementary and Secondary Education Act which means explicit and systematic instruction in:
300.306(b)(1)(i)
20 USC 1021(7)

D
    • Phonemic awareness;
20 USC 1021(7)

D
    • Phonics;
20 USC 1021(7)

D
    • Vocabulary development;
20 USC 1021(7)

D
    • Reading fluency, including oral reading skills; and 
20 USC 1021(7)

D
    • Reading comprehension strategies;
20 USC 1021(7)

D
  • Lack of appropriate instruction in math; or
300.306(b)(1)(ii)

D
  • Limited English proficiency.
300.306(b)(1)(iii)

EVALUATION REPORT AND DOCUMENTATION OF DETERMINATION OF ELIGIBILITY



P The local educational agency must provide a copy of the evaluation report and the documentation of determination of eligibility to the parent. 300.306(a)(2)

 
 
Last Updated: Thursday, March 09, 2017