DETERMINATION OF ELIGIBILITY

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DETERMINATION OF ELIGIBILITY

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

	FEDERAL AND STATE REQUIREMENTS
Practice Citations	Upon completion of the FULL INDIVIDUAL AND INITIAL EVALUATION, the admission, review, and dismissal (ARD) committee must determine whether:
Document Citations	The child has a disability; and
Document Citations	By reason of the disability, the child needs special education and related services.
Practice Citations	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
Document Citations	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:
Document Citations	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:
Document Citations	Phonemic awareness;
Document Citations	Phonics;
Document Citations	Vocabulary development;
Document Citations	Reading fluency, including oral reading skills; and
Document Citations	Reading comprehension strategies;
Document Citations	Lack of appropriate instruction in math; or
Document Citations	English learner language skills.
	EVALUATION REPORT AND DOCUMENTATION OF DETERMINATION OF ELIGIBILITY
Practice Citations	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

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following:
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs);
(2)  34 CFR, §§300.145-300.147 (relating to placement of eligible students in private schools by a school district);
(3)  34 CFR, §§300.132, 300.138, and 300.139 (relating to the development and implementation of service plans for eligible students placed by parents in private school who have been designated to receive special education and related services);
(4)  34 CFR, §300.530 and §300.531, and TEC, §37.004 (disciplinary placement of students with disabilities);
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility);
(6)  34 CFR, §§300.114-300.117 (relating to least restrictive environment);
(7)  TEC, §28.006 (Reading Diagnosis);
(8)  TEC, §28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction);
(9)  TEC, §28.0212 (Junior High or Middle School Personal Graduation Plan);
(10)  TEC, §28.0213 (Intensive Program of Instruction);
(11)  TEC, Chapter 29, Subchapter I (Programs for Students Who Are Deaf or Hard of Hearing);
(12)  TEC, §30.002 (Education for Children with Visual Impairments);
(13)  TEC, §30.003 (Support of Students Enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf);
(14)  TEC, §33.081 (Extracurricular Activities);
(15)  TEC, Chapter 39, Subchapter B (Assessment of Academic Skills); and
(16)  TEC, §42.102 (Special Education).
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022