Authority:  34 C.F.R. Part 300; Texas Education Code (TEC);  19 T.A.C. Chapter 89;

MENTAL RETARDATION

The evaluation is completed by a multidisciplinary team as part of a FULL  AND INDIVIDUAL EVALUATION. Document the members of the multidisciplinary team.  

89.1040(b)

The multidisciplinary team that collects or reviews evaluation data must include, but is not limited to:

89.1040(b)

• A licensed specialist in school psychology (LSSP).

89.1040(b)(1)

• OR, an educational diagnostician.

89.1040(b)(1)

• OR, other appropriately certified or licensed practitioner with experience and training in the area of the disability.

89.1040(b)(1)

Document whether the student meets the criteria for mental retardation: 

89.1040(c)(5)

• Significantly subaverage general intellectual functioning.

300.7(c)(6)

• At two or more standard deviations below the mean on individually administered scales of verbal ability, and either performance or nonverbal ability.

89.1040(c)(5)

• Existing concurrently with deficits in adaptive behavior.

300.7(c)(6)
89.1040(c)(5)

• Manifested during the developmental period.

300.7(c)(6)

• Adversely affects educational performance, creating a need for special education (i.e., specially designed instruction) and related services.

300.7(a)
300.7(c)(6)
300.26(a)(1)(i)

Determination of a student’s eligibility for Special Education services and development of the individualized education program is the function of the ARD Committee, including the parents. The district shall ensure that the ARD committee for each student with a disability includes the required members.  All special education and related service personnel shall be certified, endorsed, or licensed in the area(s) of assignments.

89.1040(b)
89.1131(a)