Frameworks

DETERMINATION OF ELIGIBILITY

Authorities: 20 USC §§ 1021, 7801; 34 CFR Part 300; 19 TAC Chapter 89

Additional Resources

DOCUMENT/
PRACTICE

FEDERAL AND STATE REQUIREMENTS

CITATIONS

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)

The child has a disability; and

300.306(a)(1)
300.8(a)(1)

By reason of the disability, the child needs special education and related services.

300.306(a)(1)
300.8(a)(1)

If it is determined, through an appropriate evaluation under the FULL INDIVIDUAL AND INITIAL EVALUATION frameworks, that the 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

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)

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)

Phonemic awareness;

20 USC 1021(7)

Phonics;

20 USC 1021(7)

Vocabulary development;

20 USC 1021(7)

Reading fluency, including oral reading skills; and

20 USC 1021(7)

Reading comprehension strategies;

20 USC 1021(7)

Lack of appropriate instruction in math; or

300.306(b)(1)(ii)

English learner language skills.

300.306(b)(1)(iii)
300.27
20 USC 7801(20)

EVALUATION REPORT AND DOCUMENTATION OF DETERMINATION OF ELIGIBILITY

The local education 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: Monday, May 16, 2022