511 Ind. Admin. Code 7-40-5

Current through December 4, 2024

Section 511 IAC 7-40-5 - Conducting an initial educational evaluation

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 5.

(a) After a parent has provided consent, as defined in 511 IAC 7-32-17, for an initial educational evaluation, the public agency must conduct a comprehensive and individual educational evaluation in accordance with the requirements of this rule and 511 IAC 7-41. The educational evaluation must be conducted by a multidisciplinary team that prepares an educational evaluation report addressing the necessary components of evaluation specific to each suspected disability set forth in 511 IAC 7-41. The report is utilized:

(1) by the student's CCC to determine eligibility for special education and related services; and

(2) if a student is found to be eligible, to inform the student's CCC of the student's special education and related service needs.

(b) The educational evaluation must be conducted by a multidisciplinary team, which is a group of qualified professionals who conduct a student's educational evaluation with input from the student's parent. The qualified professionals include, but are not limited to, the following:

(1) At least one (1) teacher licensed in, or other specialist with knowledge in, the area of suspected disability.

(2) A school psychologist, except for a student with a suspected:

(A) developmental delay, in which case the multidisciplinary team shall be at least two (2) qualified professionals from different disciplines based upon the needs of the student;

(B) language impairment, a speech-language pathologist and at least one (1) qualified professional from a different discipline based upon the needs of the student; or

(C) speech impairment only, a speech-language pathologist may serve as the sole qualified professional on the multidisciplinary team.

(3) For a student with a suspected specific learning disability, the following:

(A) The student's general education teacher or, if the student does not have a general education teacher, a general education teacher qualified to teach students of the same age.

(B) For early childhood students, an individual who holds an appropriate license to teach early childhood special education.

(4) For a student who:

(A) is blind or has low vision;

(B) is deaf or hard of hearing; or

(C) has suspected multiple disabilities;

the public agency may request that representatives of the state operated schools serve as part of the multidisciplinary team only if the parent has provided written consent, in addition to the written consent to conduct the initial educational evaluation, for the representative's participation in the educational evaluation.

(c) As part of the educational evaluation, the multidisciplinary team must, with or without a meeting, do the following:

(1) Review existing evaluation data on the student, including the following:

(A) Evaluations and information provided by the parents of the student.

(B) Current classroom, local, and state assessments.

(C) Classroom based observations and observations by teachers and related services providers.

(2) On the basis of that review, and input from the student's parents, identify the following:

(A) The suspected disability or disabilities.

(B) Any additional data, as described in 511 IAC 7-41, that is required for the student's CCC to determine:

(i) eligibility for special education; and

(ii) the special education and related service needs of the student.

(3) Obtain information for the CCC to use in making determinations under section 6(b)(1) of this rule.

(d) The initial educational evaluation must be conducted and the CCC convened within fifty (50) instructional days of the date the written parental consent is received by licensed personnel in accordance with section 4(h) of this rule. The time frame does not apply in the following situations:

(1) When a child is transitioning from early intervention (Part C) to early childhood special education (Part B), in which case the evaluation must be completed and the CCC convened to ensure that the child receives special education services by his or her third birthday.

(2) When the parent of a student repeatedly fails or refuses to produce the student for the evaluation.

(3) When a student enrolls in a school of another public agency after the relevant time frame in subsection (a) has begun, and prior to completion of the evaluation, if the:

(A) subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation; and

(B) parent and subsequent public agency agree to a specific time when the evaluation will be completed.

(e) After an educational evaluation has been completed, the multidisciplinary team must compile the findings of the multidisciplinary team into an educational evaluation report.

(f) For a student with the suspected disability of autism spectrum disorder, the educational evaluation report must include the results of the multidisciplinary team's assessments, observations, and collection of information as aligned to the characteristics of autism spectrum disorder.

(g) For a student with a suspected learning disability, the educational evaluation report must include the following:

(1) For a student who has participated in a process that assesses the student's response to scientific, research based interventions:

(A) documentation of previous parent notification about:

(i) the:

(AA) amount and nature of the student performance data that would be collected; and

(BB) general education services that would be provided;

(ii) strategies for increasing the student's rate of learning; and

(iii) the parent's right to request an educational evaluation to determine eligibility for special education and related services; and

(B) the:

(i) instructional strategies used; and

(ii) student centered data collected.

(2) A synthesis of the required educational evaluation components in 511 IAC 7-41-12 in relationship to the following:

(A) Whether the student:

(i) does not achieve adequately for the student's age or to meet state grade level standards in one (1) or more of the areas identified in 511 IAC 7-41-12(a)(1) when provided with learning experiences and instruction appropriate for the student's age or state grade level standards; and

(ii) meets either of the following criteria:

(AA) The student does not make sufficient progress to meet age or state grade level standards in one (1) or more of the areas identified in 511 IAC 7-41-12(a)(1) when using a process based on the student's response to scientific, research based intervention.

(BB) The student exhibits a pattern of strengths and weaknesses in performance or achievement, or both, relative to age, state grade level standards, or intellectual development, that is determined by the multidisciplinary team to be relevant to the identification of a specific learning disability. The multidisciplinary team is prohibited from using a severe discrepancy between intellectual ability and achievement to meet this requirement.

(B) The effects of any of the following factors on the student's achievement:

(i) Visual, hearing, or motor disability.

(ii) Intellectual disability.

(iii) Emotional disturbance.

(iv) Cultural factors.

(v) Environmental or economic disadvantage.

(vi) Limited English proficiency.

(C) Whether the multidisciplinary team believes the student has a specific learning disability and the basis for having that opinion. The opinion of the multidisciplinary team is utilized by the CCC to determine whether the student is eligible for special education. Each member of the multidisciplinary team must certify in writing whether the educational evaluation report reflects the member's opinion. If the report does not reflect the member's opinion, the member must submit a separate statement presenting the member's opinion.

(h) If a parent requests, under section 4(h)(1) of this rule, a copy of the educational evaluation report prior to the CCC meeting, the public agency must ensure that a copy of the educational evaluation report is made available at no cost to the parent not less than five (5) instructional days prior to the scheduled CCC meeting.

(i) If a parent requests, under section 4(h)(2) of this rule, a meeting to have the results of the educational evaluation explained prior to the scheduled CCC meeting, the public agency must arrange a meeting with the parent and an individual who can explain the evaluation results within five (5) instructional days prior to the scheduled CCC meeting. The meeting shall be scheduled at a mutually agreed upon date, time, and place. A copy of the educational evaluation report must be provided at no cost to and reviewed with the parent at this meeting.

(j) If the parent does not request a:

(1) copy of the educational evaluation report; or

(2) meeting to explain the evaluation; prior to the initial CCC meeting, the public agency must provide a copy of the educational evaluation report at no cost to the parent at the CCC meeting. If the student is parentally-placed in a nonpublic school, the public agency shall also provide a copy of the educational evaluation report at no cost to the nonpublic school representative.

511 IAC 7-40-5

Indiana State Board of Education; 511 IAC 7-40-5; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA

Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA

Filed 3/18/2019, 2:33 p.m.: 20190417-IR-511180153FRA

Filed 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA