La. Admin. Code tit. 28 § XLIII-307

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIII-307 - Determination of Eligibility

A. General. Upon completion of the administration of assessments and other evaluation measures:

1. a group of qualified professionals and the parent of the student shall determine whether the student is a student with a disability, as defined in §905, in accordance with Subsection B of this Section and the educational needs of the student; and

2. the public agency shall provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.

B. Special Rule for Eligibility Determination. A student shall not be determined to be a student with a disability under these regulations:

1. if the determinant factor for that eligibility determination is:

a. lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in Section 1208(3) of the ESEA);

b. lack of appropriate instruction in math; or

c. limited English proficiency; and

2. if the student does not otherwise meet the eligibility criteria as a student with a disability as defined under §905

C. Procedures for Determining Eligibility and Educational Need

1. In interpreting evaluation data for the purpose of determining if a student is a student with a disability as defined in §905, and the educational needs of the student, each public agency shall:

a. draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the student's physical condition, social or cultural background, and adaptive behavior; and

b. ensures that information obtained from all of these sources is documented and carefully considered.

2. If a determination is made that a student has a disability and needs special education and related services, an IEP shall be developed for the student in accordance with §320

La. Admin. Code tit. 28, § XLIII-307

Promulgated by the Board of Elementary and Secondary Education, LR 34:2060 (October 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.