Current through January 14, 2025
Section 7-34-D-300.311 - Specific documentation for the eligibility determination(a) For a child suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in §300.306(a)(2)(Determination of Eligibility), must contain a statement of (1) Whether the child has a specific learning disability;(2) The basis for making the determination, including an assurance that the determination has been made in accordance with §300.306(c)(1)(Procedures for Determining Eligibility and Educational Needs);(3) The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning;(4) The educationally relevant medical findings, if any;(5) Whether (i) The child does not achieve adequately for the child's age or to meet State-approved grade-level standards consistent with §300.309(a)(1)(Determining the Existence of a Specific Learning Disability); and(ii)(A) The child does not make sufficient progress to meet age or State-approved grade-level standards consistent with §300.309(a)(2)(i) (Determining the Existence of a SpecificLearning Disability); or(B) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development consistent with §300.309(a)(2)(ii);(6) The determination of the group concerning the effects of a visual, hearing, or motor disability, intellectual disability, emotional disturbance, environmental or economic disadvantage, or limited English proficiency on the child's achievement level; and(7) If the child has participated in a process that assesses the child's response to scientific, research-based intervention (i) The instructional strategies used and the student-centered data collected; and(ii) The documentation that the child's parents were notified about (A)MDE's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;(B) Strategies for increasing the child's rate of learning; and(C) The parents' right to request an evaluation.(b) Each group member must certify in writing whether the report reflects the member's conclusions. If it does not reflect the member's conclusions, the group member must submit a separate statement presenting the member's conclusions.7 Miss. Code. R. 34-D-300.311