7 Miss. Code. R. 34-D-300.306

Current through January 14, 2025
Section 7-34-D-300.306 - Determination of eligibility
(a)General. Within fourteen (14) calendar days, upon completion of the administration of assessments and other evaluation measures
(1) A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined by §300.8 in accordance with paragraph (b) of this section and the educational needs of the child; and
(2) The public agency provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent. LEAs must provide the parent(s) a copy of the evaluation report at least seven (7) calendar days prior to the eligibility determination meeting, unless the parent elects to waive the seven (7) day timeline in writing.
(b)Special rule for eligibility determination. A child must not be determined to be a child with a disability under Part B of IDEA
(1) If the determinant factor for that determination is
(i) Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in §1208[3] of the ESEA [See Reference Guide]);
(ii) Lack of appropriate instruction in math; or
(iii) Limited English proficiency; and
(2) If the child does not otherwise meet the eligibility criteria under §300.8(a). (c)Procedures for determining eligibility and educational need.
(1) In interpreting evaluation data for the purposes of determining if a child is a child with a disability under §300.8 and the educational needs of the child, each public agency must
(i) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior; and
(ii) Ensure that information obtained from all these sources is documented and carefully considered.
(2) If a determination is made that a child has a disability and needs special education and related services, an IEP (Individualized Education Program) must be developed for the child in accordance with §§300.320 through 300.324.

7 Miss. Code. R. 34-D-300.306