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.