La. Admin. Code tit. 28 § CI-515

Current through Register Vol. 50, No. 9, September 20, 2024

Section CI-515 - Determination of Eligibility

A. Special Rule for Eligibility Determination

1. A student shall not be determined to be a student with a disability if the determinant factor for that eligibility determination is:

a. lack of appropriate explicit and systematic instruction in reading, including the essential components of reading instruction: phonics, phonemic awareness, fluency, comprehension and vocabulary;

b. lack of appropriate instruction in math; or

c. limited English proficiency.

2. A student shall not be determined to be a student with an exceptionality if the student does not otherwise meet the eligibility criteria as a student with an exceptionality as defined in this handbook.

B. Upon completion of the administration of assessments and other evaluation components:

1. the evaluation team members and the parents of the student shall determine whether the student is a student with an exceptionality, and the educational needs of the student; and

2. the LEA shall provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent. If a parent disagrees with the results of the evaluation report, the LEA shall provide to the parent a copy of the procedural safeguards, including the right to an Independent Educational Evaluation.

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 an exceptionality as defined in this handbook, and the educational needs of the student, the evaluation team members 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. ensure that information obtained from all of these sources is documented and carefully considered.

2. If a determination is made that a student has an exceptionality and needs special education and related services, an IEP shall be developed for the student.

La. Admin. Code tit. 28, § CI-515

Promulgated by the Board of Elementary and Secondary Education, LR 35:903 (May 2009), effective July 1, 2009.

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