200 R.I. Code R. 200-RICR-20-30-6.7

Current through December 3, 2024

Section 200-RICR-20-30-6.7 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

6.7.1 Parental Consent

Parental consent shall be obtained in accordance with 34 C.F.R. § 300.300, incorporated by reference above.

6.7.2 Evaluations and Reevaluations

A. Initial evaluations shall be conducted in accordance with 34 C.F.R. § 300.301, incorporated by reference above; provided, however:

1. Procedures and timeframe for initial evaluation shall be conducted pursuant to 34 C.F.R. § 300.301(c); provided, however:

a. Each public agency must ensure that:

(1) Within ten (10) school days of the receipt of a referral for special education services a team of qualified professionals and the parent that includes the individuals described in §6.7.4(B) of this Part and other qualified professionals, as appropriate, known as the Evaluation Team, meet to determine if a special education evaluation is needed.

(2) The initial evaluation shall commence no later than ten (10) school days after the receipt of parental consent to conduct such an evaluation. If the parent does not notify the public agency within five (5) school days of their consent to evaluate, the team must document its efforts to obtain consent. If the public agency has not obtained parental consent to evaluate within fifteen (15) school days of the request to evaluate, the Evaluation Team must reconvene to consider what action the public agency will take including, (as appropriate) the requirements described in § 6.7.1 of this Part (34 C.F.R. § 300.300(a)).

(3) A full individual initial evaluation is conducted before the initial provision of special education and related services

b. Within sixty (60) calendar days of receipt of parental consent to an initial evaluation:

(1) The child is evaluated; and

(2) A written report of the Evaluation Team is made available to the public agency and the parent(s); and a team of qualified professionals and the parent(s) of the child meet as an eligibility team to determine whether the child is a child with a disability and in need of special education and related services.

c. If determined eligible under this part, an IEP meeting is conducted and an IEP is developed and special education and related services are made available to the child in accordance with an IEP within fifteen (15) school days of the eligibility determination.

d. If it is determined that an initial evaluation is not needed, the evaluation team shall consider referring the student's case back to general education for appropriate action.

B. A screening for instructional purposes is not an evaluation in accordance with 34 C.F.R. § 300.302, incorporated by reference above.

C. Reevaluations shall be conducted in accordance with 34 C.F.R. § 300.303, incorporated by reference above. In addition:

1. Procedures and timeframe for reevaluation.

a. Each public agency must ensure that:

(1) The reevaluation shall commence no later than ten (10) school days after the receipt of parental consent to conduct such an evaluation. If the parent does not notify the public agency within five (5) school days of their consent to evaluate, the IEP Team must document its efforts to obtain consent. If the public agency has not obtained parental consent to evaluate within fifteen (15) school days of the request to evaluate, the IEP Team must reconvene to consider what action the public agency will take including, (as appropriate) the requirements described in § 6.7.1 of this Part (34 C.F.R. § 300.300(c) and (d)).

b. Within sixty (60) calendar days of receipt of parental consent to conduct a reevaluation:

(1) The child is reevaluated; and

(2) A written report of the IEP Team is made available to the public agency and the parent(s); and the IEP Team meets to determine continued eligibility for special education and related services.

c. If determined eligible under this part, the public agency must ensure that continued special education and related services are made available to the child.

D. Evaluation procedures shall be in accordance with 34 C.F.R. § 300.304, incorporated by reference above, provided however:

1. Other evaluation procedures shall be the same as 34 C.F.R. § 300.304(c) (1) with the following addition:

a. Assessments are selected and administered so as best to ensure that if an assessment is administered to a child who is learning English as a second language, the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's linguistic difference, in accordance with §6.5.10(A) of this Part.

E. Additional requirements for evaluations and reevaluations shall be in accordance with 34 C.F.R. § 300.305, incorporated by reference above.

F. Determination of eligibility shall be in accordance with 34 C.F.R. § 300.306, incorporated by reference above.

6.7.3Additional Procedures for Identifying Children with Specific Learning Disabilities

A. The procedure for identifying children with specific learning disabilities shall be in accordance with 34 C.F.R. § 300.307, incorporated by reference above. The State criteria for determining whether a student has a specific learning disability is as follows:

1. Response to Intervention Process Basis

a. In one or more of the eight (8) areas below the student's performance meets the description under Achievement Gap and Educational Progress.

(1) Achievement Gap: evidence from multiple reliable and valid sources indicate that the student's current achievement of State-approved Grade Level/Span Expectations and English Language Proficiency Standards is significantly different than his/her peers relative to national normative data with consideration of state and local data when provided with learning experiences and instruction appropriate for the child's age or state approved grade level/span expectations. The student's current achievement shall be determined after the provision of appropriate general education learning experiences including at least two periods of intensive interventions implemented with fidelity. English Language Learners shall additionally be provided with instruction appropriate for their English language proficiency.

(2) Educational Progress. The student does not make sufficient progress to meet age or State-approved Grade Level/Span Expectations and English Language Proficiency Standards, based on child's limited responsiveness to intensive scientific, research-based interventions which have been implemented with fidelity. Insufficient progress is determined using multiple reliable and valid measures. The process of determining insufficient progress considers the student's rate of improvement towards meeting age or State-approved Grade Level/Span Expectations and English Language Proficiency Standards during intensive intervention, student's past rate of improvement, and a normative rate based on the response of his/her local age peers with consideration of national data.

(AA) Oral expression.

(BB) Listening comprehension.

(CC) Written expression.

(DD) Basic reading skill.

(EE) Reading fluency skills.

(FF) Reading comprehension.

(GG) Mathematics calculation.

(HH) Mathematics problem solving.

b. Other considerations.

(1) Student performance in areas indicated above is not primarily the result of:

(AA) A visual, hearing, or motor disability;

(BB) Intellectual disability;

(CC) Emotional disturbance;

(DD) Cultural factors;

(EE) Environmental or economic disadvantage; or

(FF) Limited English Proficiency

(2) The determinant factor of the findings is not any of the following:

(AA) Student has lacked appropriate instruction in literacy.

(BB) Student has lacked appropriate instruction in math.

(CC) Student has had extended absences.

(DD) Student has had repeated change of schools.

(EE) Student has had an inconsistent or inappropriate educational program.

B. Additional group members shall be in accordance with 34 C.F.R. § 300.308, incorporated by reference above.

C. Determining the existence of a specific learning disability shall be in accordance with 34 C.F.R. § 300.309, incorporated by reference above.

D. Observation shall be in accordance with 34 C.F.R. § 300.310, incorporated by reference above.

E. Specific documentation for the eligibility determination shall be in accordance with 34 C.F.R. § 300.311, incorporated by reference above. In addition to the requirements of 34 C.F.R. § 300.311(a), the documentation must also contain:

1. If the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, recommendations for tailoring instruction and interventions to support the child's progress;

6.7.4 Individualized Education Programs

A. "Individualized education program" means the same as used in 34 C.F.R. § 300.320, incorporated by reference above; provided, however:

1. Under 34 C.F.R. § 300.320(a), as used in this Part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§6.7.4(A) through 6.7.5(A) of this Part and must also include:

a. A statement of measurable annual goals, including academic and functional goals and short- term objectives, aligned, where applicable, to the child's personal literacy and/or individual learning plan, designed to:

(1) Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and

(2) Meet each of the child's other educational needs that result from the child's disability;

2. Transition services shall be in accordance with 34 C.F.R § 300.320(b), provided, however, this section shall apply to a child with a disability beginning at age fourteen (14), or younger, if determined appropriate by the IEP Team.

B. IEP Team shall be in accordance with 34 C.F.R. § 300.321, incorporated by reference above; provided, however, the representative of the public agency referenced in 34 C.F.R 300.321(a)(4)(iii) must also have the authority to commit the resources of the public agency.

C. Parent participation shall be in accordance with 34 C.F.R. § 300.322, incorporated by reference above; provided, however:

1. Pursuant to 34 C.F.R § 300.322(a), the public agency shall:

a. Schedule the IEP meeting within ten (10) school days of a request by the parent or the LEA to meet to review the child's IEP,

b. Schedule the meeting at a mutually agreed on time and place, and

c. Notify parents of the meeting ten (10) school days prior to the meeting to ensure that they will have an opportunity to attend (the parent may agree to waive the ten (10) day notice requirement in order to expedite the IEP Team meeting).

2. The notice required under 34 C.F.R § 300.322(b)(2) must be provided for a child with a disability beginning at age fourteen (14) or younger, if determined appropriate by the IEP Team. The notice must:

(1) Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with §6.7.4(A)(2) of this Part; and

(2) Indicate that the agency will invite the student; and

(3) Identify any other agency that will be invited to send a representative.

3. Under 34 C.F.R § 300.322(f), the public agency must give the parent a copy of the child's IEP at no cost to the parent and not later than ten (10) calendar days after:

a. An IEP has been developed for the child; and

b. After the receipt of a request for a copy of the IEP.

D. When IEPs must be in effect shall be in accordance with 34 C.F.R. § 300.323, incorporated by reference above; provided, however:

1. Initial IEPs; provision of services shall be pursuant to 34 C.F.R. § 300.323(c); provided, however, each public agency shall ensure that:

a. A meeting to develop an IEP for a child is conducted within fifteen (15) school days of a determination that the child needs special education and related services; and

b. As soon as possible following development of the IEP, but not later than ten (10) school days, special education and related services are made available to the child in accordance with the child's IEP.

2. IEPs for children who transfer public agencies in the same State, under 34 C.F.R. § 300.323(e), shall remain in effect pursuant to R.I. Gen. Laws § 16-4-21(e).

6.7.5 Development of IEP

A. The development, review, and revision of IEPs shall be in accordance with 34 C.F.R. § 300.324, incorporated by reference above.

B. Private school placements by public agencies shall be in accordance with 34 C.F.R. § 300.325, incorporated by reference above.

C. Educational placements shall be in accordance with 34 C.F.R. § 300.327, incorporated by reference above.

D. Alternative means of meeting participation shall be in accordance with 34 C.F.R. § 300.328, incorporated by reference above.

200 R.I. Code R. 200-RICR-20-30-6.7

Adopted effective 1/9/2019