Alaska Administrative Code
Title 4 - Education and Early Development
Chapter 52 - Education for Children with Disabilities and Gifted Children
Article 2 - Program Administration: Children with Disabilities
4 AAC 52.130 - Criteria for determination of eligibility
Universal Citation: 4 AK Admin Code 4 AAC 52.130
Current through August 30, 2024
(a) Repealed 8/22/2001.
(b) To be eligible for special education and related services as a child with cognitive impairment, a child must
(1) score two or more standard
deviations below the national norm on an individual standardized test of
intelligence, and exhibit deficits in adaptive behavior manifested during the
developmental period which adversely affect the child's educational
performance;
(2) require special
facilities, equipment, or methods to make the child's educational program
effective;
(3) be diagnosed as
cognitively impaired by a psychiatrist, or by a psychologist who is licensed
under AS 08.86, certified under
4
AAC 12.355, or endorsed under
4
AAC 12.395; and
(4) be certified by the group established
under 4 AAC 52.125(a)
(2) as qualifying for and needing special
education services.
(c) To be eligible for special education and related services as a child with a learning disability, a child must
(1) exhibit
a specific learning disability as defined in
(A)
34 C.F.R.
300.8(c)(10), as revised as
of October 13, 2006, and adopted by reference; and
(B)
34 C.F.R.
300.309, adopted by reference in
4
AAC 52.120;
(2) require special facilities, equipment, or
methods to make the child's education program effective; and
(3) be certified by the group established
under 4 AAC 52.125(a)
(2) in the manner set out in
34 C.F.R.
300.308, adopted by reference in
4
AAC 52.120, as qualifying for and needing special
education services.
(d) To be eligible for special education and related services as a child with an emotional disturbance, a child must
(1) be
emotionally disturbed as defined in
34 C.F.R.
300.8(c)(4), as revised as
of October 13, 2006, and adopted by reference;
(2) require special facilities, equipment, or
methods to make the child's educational program effective;
(3) be diagnosed as emotionally disturbed by
a psychiatrist, or by a psychologist who is licensed under AS 08.86, certified
under 4 AAC 12.355, or endorsed under
4
AAC 12.395; and
(4) be certified by the group established
under 4 AAC 52.125(a)
(2) as qualifying for and needing special
education services.
(e) To be eligible for special education and related services as a child who is deaf, a child must
(1) exhibit a hearing
impairment that hinders the child's ability to process linguistic information
through hearing, with or without amplification, and that adversely affects
educational performance;
(2)
require special facilities, equipment, or methods to make the child's
educational program effective;
(3)
be diagnosed by a physician or audiologist as deaf; and
(4) be certified by the group established
under 4 AAC 52.125(a)
(2) as qualifying for and needing special
education services.
(f) To be eligible for special education and related services as a child with a hearing impairment, a child must
(1) exhibit a
hearing impairment, whether permanent or fluctuating, that adversely affects
educational performance, but is not within the meaning of (e) of this
section;
(2) require special
facilities, equipment, or methods to make the child's educational program
effective;
(3) be diagnosed by a
physician or audiologist as hard of hearing; and
(4) be certified by the group established
under 4 AAC 52.125(a)
(2) as qualifying for and needing special
education services.
(g) To be eligible for special education and related services as a child who is deaf and blind, a child must
(1) exhibit
concomitant hearing and visual impairments, the combination of which causes
such severe communication and other developmental and educational problems that
the child cannot be accommodated in a special education program solely for deaf
or blind children;
(2) require
special facilities, equipment, or methods to make the child's educational
program effective;
(3) be diagnosed
by an optometrist or ophthalmologist and by a physician or audiologist, as
appropriate, as deaf-blind; and
(4)
be certified by the group established under
4
AAC 52.125(a) (2) as qualifying for
and needing special education services.
(h) To be eligible for special education and related services as a child with an orthopedic impairment, a child must
(1) exhibit a severe orthopedic impairment,
including impairments caused by congenital anomaly, disease, or other causes,
that adversely affects educational performance;
(2) require special facilities, equipment, or
methods to make the child's educational program effective;
(3) be diagnosed by a physician as
orthopedically impaired; and
(4) be
certified by the group established under
4
AAC 52.125(a) (2) as qualifying for
and needing special education services.
(i) To be eligible for special education and related services as a child with a visual impairment, a child must
(1) exhibit a
(A) visual impairment, not primarily
perceptual in nature, resulting in measured acuity of 20/70 or poorer in the
better eye with correction, or a visual field restriction of 20 degrees as
determined by an optometrist or ophthalmologist, that, even with correction,
adversely affects educational performance; or
(B) physical eye condition that affects
visual functioning to the extent that specially designed instruction is
needed;
(2) require
special facilities, equipment, materials, or methods to make the child's
educational program effective as determined by a teacher of children with
visual impairment; and
(3) be
certified by the group established under
4
AAC 52.125(a) (2), that includes a
certified teacher of children with visual impairment, as qualifying for and
needing special education services.
(j) To be eligible for special education and related services as a child with a speech or language impairment, a child must
(1) exhibit a communication disorder such as
stuttering, impaired articulation, a language impairment, or a voice
impairment, that adversely affects educational performance;
(2) require special facilities, equipment, or
methods to make the child's educational program effective;
(3) be diagnosed by a physician, a
speech-language pathologist, or a speech-language therapist as speech or
language impaired; and
(4) be
certified by the group established under
4
AAC 52.125(a) (2) as qualifying for
and needing special education services;
(5) repealed 11/28/92.
(k) To be eligible for special education and related services as a child with other health impairments, a child must
(1) exhibit limited strength, vitality, or
alertness due to chronic or acute health problems such as a heart condition,
tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia,
hemophilia, epilepsy, lead poisoning, leukemia, fetal alcohol spectrum
disorder, diabetes, or a heightened alertness to environmental stimuli, due to
attention deficit disorder or attention deficit hyperactivity disorder; for a
child to be eligible, a health impairment must adversely affect that child's
educational performance;
(2)
require special facilities, equipment, or methods to make the child's
educational program effective;
(3)
be diagnosed by a physician advanced practice registered nurse as having a
health impairment described in (1) of this subsection; and
(4) be certified by the group established
under 4 AAC 52.125(a)(2)
as qualifying for and needing special education services.
(l) To be eligible for special education and related services as a child with multiple disabilities, a child must
(1) exhibit two or more of the impairments
set out in (b) - (i), (k), (o), and (p) of this section, the
combination of which causes such severe educational problems that the child
cannot be accommodated in a special education program that is appropriate for
only one of the conditions;
(2)
require special facilities, equipment, or methods to make the child's
educational program effective;
(3)
be diagnosed as set out in (b) - (i), (k), (o), and (p) of
this section for each condition; and
(4) be certified by the group established
under 4 AAC 52.125(a)
(2) as requiring special education services
that cannot be provided in a program for a single condition set out in (b) -
(i), (k), (o), and (p) of this section.
(m) Repealed 8/22/2001.
(n) Except as provided in (q) of this section, to be eligible for special education and related services as a child with early childhood developmental delay, a child who is not less than three nor more than eight years of age must
(1)
either
(A) function at least two standard
deviations below the national norm, or 25 percent delayed in age equivalency,
in at least one of the following five areas:
(i) cognitive development;
(ii) physical development, which includes
fine and gross motor;
(iii) speech
or language development, which includes expressive and receptive language,
articulation, and fluency;
(iv)
social or emotional development;
(v) adaptive-functioning, self-help skills;
or
(B) function at least
1.7 standard deviations below the mean, or 20 percent delayed in age
equivalency, in two or more of the five areas in (A)(i) - (v) of this
paragraph;
(2) be
certified by the group established under
4
AAC 52.125(a) (2) as qualifying for
and needing special education and related services as a child with early
childhood developmental delay, as follows:
(A) the group must find that the child has
learning problems that are not primarily the result of bilingualism, cultural
difference, environmental disadvantage, or economic disadvantage;
(B) in evaluating the child, if it is clearly
not appropriate to use a norm-referenced instrument, the group shall use
another instrument, such as a criterion-referenced measure, to document the
delay;
(C) the group shall base its
determination of the delay and its detrimental effect on the child's daily life
and educational performance on qualitative and quantitative measures, including
developmental history, basic health history, observation of the child in
multiple environments, and supportive evidence of how the disability adversely
affects educational performance; and
(3) need special facilities, equipment or
methods to make the child's educational program effective.
(o) To be eligible for special education and related services as a child with autism, a child must
(1) exhibit
(A) a developmental disability significantly
affecting verbal and non-verbal communication and social interaction that
adversely affects educational performance; this type of developmental
disability is generally evident before the child reaches three years of age;
or
(B) other characteristics often
associated with autism such as engagement in repetitive activities and
stereotyped movements, resistance to environmental change or change in daily
routines, or unusual responses to sensory experiences that adversely affect
educational performance;
(2) not have educational performance
adversely affected primarily by an emotional disturbance, as defined in
34 C.F.R.
300.8(c)(4), adopted by
reference in (d)(1) of this section;
(3) require special facilities, equipment, or
methods to make that child's educational program effective;
(4) be diagnosed as autistic by a
psychiatrist or other physician, an advanced nurse practitioner authorized to
practice under
12 AAC 44.380 in pediatrics,
family health, or family psychiatric/mental health, and who has in effect a
written plan that includes pediatric neurodevelopment in the clinical scope of
practice, as required under
12 AAC 44.400, or a psychologist
licensed under AS 08.86, certified under
4
AAC 12.355, or endorsed under
4
AAC 12.395; and
(5) be certified by the group established
under 4 AAC 52.125(a)
(2) as qualifying for and needing special
education services.
(p) To be eligible for special education and related services as a child with traumatic brain injury, a child must
(1)
exhibit an acquired injury to the brain caused by an external physical force,
resulting in total or partial functional disability or psychosocial impairment
or both, that adversely affects educational performance;
(2) exhibit impairments in one or more areas,
including cognition; language; memory; attention; reasoning; abstract thinking;
judgment; problem-solving; sensory, perceptual, and motor abilities;
psychosocial behavior; physical functions; information processing; and speech
caused by open or closed head injuries;
(3) not have brain injuries that are
congenital or degenerative, or induced by birth trauma;
(4) require special facilities, equipment, or
methods to make the child's educational program effective;
(5) be diagnosed by a physician as having a
traumatic brain injury; and
(6) be
certified by the group established under
4
AAC 52.125(a) (2) as qualifying for
and needing special education services.
(q) If a district does not use the criteria in (n) of this section to determine a child's eligibility for special education and related services, with regard to a child with early childhood developmental delay, the district shall apply the criteria of (b) - (l), (o), or (p) of this section.
Authority:AS 14.07.020
AS 14.07.060
AS 14.30.180
AS 14.30.274
AS 14.30.335
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