Iowa Admin. Code r. 281-41.306 - Determination of eligibility
(1)
General. Upon completion of the administration of assessments
and other evaluation measures:
a. A group of
qualified professionals and the parent of the child determine whether the child
is a child with a disability, as defined in this chapter, in accordance with
subrule 41.306(3) and the educational needs of the child; and
b. The public agency provides a copy of the
evaluation report and the documentation of determination of eligibility at no
cost to the parent.
(2)
Special rule for eligibility determination. A child must not
be determined to be a child with a disability under this chapter:
a. If the determinant factor for that
determination is:
(1) Lack of appropriate
instruction in reading, including the essential components of reading
instruction, as defined in Section 1208(3) of the ESEA, as such section was in
effect on the day before the date of enactment of the Every Student Succeeds
Act (December 9, 2015);
(2) Lack of
appropriate instruction in math; or
(3) Limited English proficiency;
and
b. If the child does
not otherwise meet the eligibility criteria under this chapter.
(3)
Procedures
for determining eligibility and educational need.
a. In interpreting evaluation data for the
purpose of determining if a child is a child with a disability under this
chapter, and the educational needs of the child, each public agency must:
(1) 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
(2) Ensure that information obtained from all
of these sources is documented and carefully considered.
b. If a determination is made that a child
has a disability and needs special education and related services, an IEP must
be developed for the child in accordance with these rules.
c. All determinations of eligibility must be
based on the individual's disability (progress and discrepancy) and need for
special education.
(4)
Director 's certification. If a child is determined to be an
eligible individual pursuant to these rules, the AEA director of special
education will certify the individual's entitlement for special education. A
confidential record, subject to audit by the department , registering the name
and required special education and related services of each eligible individual
will be maintained by the AEA, and provision will be made for its periodic
revision.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.