Section 5-E3006. ELIGIBILITY DETERMINATION

 

3006.1Reports of assessment procedures administered to a child in each area related to the suspected disability shall be available to the IEP team at the time of the eligibility determination meeting.

 

3006.2Each assessment report shall include the following:

 

(a)the date of assessment and the date of the report;

 

(b)a description of the child's performance in each area assessed, including specific strengths and weaknesses;

 

(c)information relevant to determinations under § 3005.4(b);

 

(d)instructional implications for the child's participation in the general curriculum;

 

(e)if an assessment is not conducted under standard conditions, a description of the extent to which it varied from standard conditions (e.g., the qualifications of the person administering the test, or the method of test administration); and

 

(f)the signature and title of the qualified examiner(s) who administered the assessment procedure and who wrote the report.

 

3006.3The IEP team shall consider all assessment reports in completing any evaluation of a child suspected of having a disability, or, in the case of reevaluation, any child identified as having a disability under this section. As the result of its consideration, the IEP team will determine whether the child:

 

(a)is a child with a disability under this Chapter (or, in the case of reevaluation, whether the child continues to be a child with a disability); and

 

(b)whether the child needs special education and related services (or, in the case of reevaluation, whether the child continues to need special education and related services).

 

3006.4The IEP team shall determine that a child has an SLD if:

 

(a)a disorder is manifested in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.

 

(b)Disorder includes such conditions as:

 

(1)perceptual disabilities;

 

(2)brain injury;

 

(3)minimal brain dysfunction;

 

(4)dyslexia and;

 

(5)developmental aphasia.

 

(c)Disorder does not include a learning problem that is primarily the result of:

 

(1)a visual, hearing or motor disability;

 

(2)mental retardation;

 

(3)emotional disturbance; or

 

(4)environmental, cultural or economic disadvantage.

 

(d)In determining whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures.

 

3006.5As the result of any evaluation or reevaluation, whether or not procedures in addition to those already available are conducted, the IEP team will prepare a written evaluation (reevaluation) report, including the following:

 

(a)information provided by the parent(s);

 

(b)results of assessment procedures considered and used as a basis for making an eligibility determination;

 

(c)a statement whether the assessment procedures were valid for the purposes intended and valid for the child;

 

(d)whether the child is a child with a disability;

 

(e)whether the child needs special education and related services; and

 

(f)the signatures of team members participating in the determinations.

 

(g)if the child was suspected of having SLD, in addition to (a)-(f):

 

(1)a statement of whether the child has SLD;

 

(2)the basis for making the determination;

 

(3)the relevant behaviors noted during the observation of the child;

 

(4)the relationship of the behaviors to the child's educational performance;

 

(5)educationally relevant medical findings, if any;

 

(6)a statement whether there is a severe discrepancy between achievement and ability that is not correctable without special education and related services;

 

(7)the determination of the IEP team concerning the effects of environmental, economic, or cultural disadvantage; and

 

(8)the written certification of each IEP team member as to whether the written report reflects the member's conclusions. If the written report does not reflect a member's conclusion, the team member shall submit a separate statement presenting the team member's conclusion. This separate statement will be included as part of the evaluation report.

 

3006.6The IEP team may not determine that a child is a child with a disability if it determines that the determinant factor for the child's eligibility determination is:

 

(a)lack of instruction in reading or mathematics; or limited English proficiency; and

 

(b)the child does not otherwise meet the eligibility criteria.

 

3006.7The LEA shall provide the parent with a copy of the evaluation report and each assessment report, at no cost to the parent.

 

source

Final Rulemaking published at 30 DCR 2972, 2975 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final rulemaking published at 52 DCR 10561 (December 2, 2005).