511 IAC 7-40-6 - Determination of eligibility
Current through March 30, 2022
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 6.
(a) Upon
completion of the educational evaluation, the CCC must be convened to determine
the following:
(1) Whether the student is
eligible for special education and related services.
(2) If eligible, the special education and
related services necessary to meet the educational needs of the
student.
(b) The CCC
must not determine that a student is eligible for special education and related
services under this article if:
(1) the
determinant factor is:
(A) lack of
appropriate instruction in reading, including the essential components of
reading instruction, which means explicit and systematic instruction in:
(i) phonemic awareness;
(ii) phonics;
(iii) vocabulary development;
(iv) reading fluency, including oral reading
skills; and
(v) reading
comprehension strategies;
(B) lack of appropriate instruction in math;
or
(C) limited English proficiency;
and
(c) When
determining eligibility for special education and related services, the CCC
must:
(1) consider all of the information
contained in the educational evaluation report; and
(2) not rely on any single measure or
assessment as the sole criterion for determining eligibility or appropriate
educational services.
(d) If the CCC determines that the student
only needs a related service, but not special education, the CCC must not
determine that the student is eligible for services under this
article.
Notes
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