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DETERMINATION OF ELIGIBILITY

DETERMINATION OF ELIGIBILITY

Authorities: 20 USC §§ 1021, 7801; 34 CFR Part 300; 19 TAC Chapter 89
 
 
 
  FEDERAL AND STATE REQUIREMENTS
Upon completion of the FULL INDIVIDUAL AND INITIAL EVALUATION, the admission, review, and dismissal (ARD) committee must determine whether:
  • The child has a disability; and
  • By reason of the disability, the child needs special education and related services.
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.
 

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:
  • 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:
    • Phonemic awareness;
    • Phonics;
    • Vocabulary development;
    • Reading fluency, including oral reading skills; and 
    • Reading comprehension strategies;
  • Lack of appropriate instruction in math; or
  • English learner language skills.
 

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.
  Last Updated : Mon, May 16, 2022