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Determination of Eligibility

Authorities: 20 U.S.C. §§ 1401, 1414, 6368; 34 C.F.R. Part 300; 19 T.A.C. Chapter 89 20 USC §1401(3)(A), 1414(b)(4)(A), 1414(b)(4)(B), 1414(b)(5), 6368(3), 300 CFR part 300. 8(a)(1), 300.8 (a)(2), 300.306(a)(1), 300.306(a)(2), 300.306(b), 300.306(b)(1)(i), 300.306(b)(1)(ii), 300.306(b)(1)(iii), 19 TAC §89.1050(a)

Upon completion of the full and individual evaluation, the ARD committee must determine whether:

  • The child has a disability; and
  • Who, by reason thereof, needs special education and related services. If it is determined, through an appropriate evaluation under the full and individual evaluation guidelines, 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 IDEA.

Analysis of Determinant Factors

34 CFR 300.306(b)(1)(i-ii); 20 USC 6368(3); 20 USC 1414(b)(5)

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:

  • Lack of appropriate instruction in reading, including in the essential components of reading instruction as defined in the Elementary and Secondary Education Act (ESEA) which means explicit and systematic instruction in:
  • Phonemic awareness;
  • Phonics;
  • Vocabulary development;
  • Reading fluency, including oral reading skills, and
  • Reading comprehension strategies;
  • Lack of appropriate instruction in math; or
  • Limited English proficiency.

Evaluation Report and Documentation of Determination of Eligibility

34 CFR 300.306(a)(2); 20 USC 1414(b)(4)(B)

The LEA must provide a copy of the evaluation report and the documentation of determination of eligibility to the parent.

Ore City High School
100 Rebel Rd.
Ore City, TX 75683
Phone: 903-968-3300 ext. 1221
Fax: +19037086495
Ore City Middle School
100 Rebel Rd.
Ore City, TX 75683
Phone: 903-968-3300 ext. 2252
Fax: +19037086486
Ore City Elementary School
1000 US Hwy 259 S.
Ore City, TX 75683
Phone: 903-968-3300 ext. 1237
Fax: +19037086201
Ore City Special Education Department
100 Rebel Rd.
Ore City, TX 75683
Phone: 903-968-3300 ext. 1207
Fax: +19037086499

PIA Requests from this governmental body can be made by:

mail: Ore City ISD, Attn: Rachel Evers, 100 Rebel Rd., Ore City, TX 75683
email: .(JavaScript must be enabled to view this email address)
efax: +1 903-708-6485


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