Delaware Administrative Code
Title 14 - Education
900 - Special Populations
925 - Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs
Section 925-6.0 - Determination of Eligibility

Universal Citation: 14 DE Admin Code 925-6.0

Current through Register Vol. 28, No. 3, September 1, 2024

6.1 General: Upon completion of the administration of assessments and other evaluation measures, the child's IEP team shall determine whether the child is a child with a disability, as defined in 14 DE Admin. Code 922.3.0, in accordance with subsection 6.3, and shall determine the educational needs of the child. The IEP team shall document its eligibility determination in an evaluation summary report. The public agency shall provide a copy of the evaluation summary report and other reports created to determine eligibility at no cost to the parent.

6.2 Special rule for eligibility determination: A child shall not be determined to be a child with a disability under 14 DE Admin. Code 922.3.0 if the determinant factor for that determination is:

6.2.1 Lack of appropriate instruction in reading, meaning lack of instruction in the essential components of reading instruction which are phonemic awareness, phonics, vocabulary development, reading fluency (including oral reading skills), and reading comprehension strategies; or

6.2.2 Lack of appropriate instruction in math; or

6.2.3 Limited English proficiency; and

6.2.4 If the child does not otherwise meet the eligibility criteria to be determined a child with a disability as defined in 14 DE Admin. Code 922.3.0.

6.3 Procedures for determining eligibility and educational need: Eligibility decisions may include historical information to the extent relevant to the child's current needs. In interpreting evaluation data for the purpose of determining if a child is a child with a disability under 14 DE Admin. Code 922.3.0, and the educational needs of the child, each public agency shall:

6.3.1 Draw upon information from a variety of sources, including, as appropriate, aptitude and achievement tests, information acquired from proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)) processes, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior; and ensure that information obtained from all of these sources is documented and carefully considered.

6.4 If a determination is made that a child has a disability and needs special education and related services, an IEP shall be developed for the child in accordance with Sections 7.0 through 11.0.

6.5 Educational Classifications in General and Exit Criteria

6.5.1 There are twelve (12) distinct educational classifications: Autism, Developmental Delay, Deaf-Blind (also referred to as "Dual Sensory Impairment"), Emotional Disability, Hearing Impairment (also referred to as "deaf" or "hard of hearing"), Specific Learning Disability, Intellectual Disability, Orthopedic Impairment, Other Health Impairment, Speech/Language Impairment, Traumatic Brain Injury, and Visual Impairment Including Blindness. Eligibility criteria, disability-specific evaluation procedures, re-evaluation procedures, documentation and additional IEP team members necessary for each educational classification are delineated in subsections 6.6 through 6.18.

6.5.2 A child shall be entitled to receive special education and related services, and shall be eligible to be counted as a special education student for purposes of the unit funding system established under 14 Del.C. Ch. 17, when the child's IEP team has determined that the child meets the eligibility criteria of at least one (1) of the educational classifications in this section, and by reason thereof, needs special education and related services.

6.5.3 A child's IEP team may determine that a child is eligible for special education and related services under more than one (1) educational classification. The educational classification selected by the IEP team shall not be a relevant factor in determining whether the child received FAPE, provided that the child's IEP is based on the child's educational needs.

6.5.4 When an IEP team determines that a child is eligible for special education and related services under more than one (1) educational classification, the child's primary disability classification shall be recorded first on the IEP.

6.5.5 Exit Criteria: A child's eligibility for special education and related services shall terminate when:
6.5.5.1 The child reaches their 21st birthdate. A child with a disability who reaches their 21st birthdate after August 31 may continue to receive special education and related services until the end of the school year, including appropriate summer services through August 31; or

6.5.5.2 The child graduates from high school with a regular high school diploma. As used in this subsection, regular high school diploma does not include a GED; or

6.5.5.3 The IEP team determines the child is no longer a child with a disability in need of special education and related services. In making such determination, the team shall consider: eligibility criteria; data based and documented measures of educational progress; and other relevant information.

6.6 Autism

6.6.1 Eligibility Criteria: Autism is a developmental disability significantly affecting verbal and nonverbal communication and social interaction. It is generally, but may not be, evident before the age of 3. A child is eligible for special education and related services under the Autism educational classification when the child's IEP team finds that the child displays, or displayed by history:
6.6.1.1 Persistent impairments in social communication and social interaction, across multiple contexts, which manifest as:]
6.6.1.1.1 Deficits in social-emotional reciprocity;

6.6.1.1.2 Deficits in non-verbal communicative behaviors used for social interaction; or

6.6.1.1.3 Deficits in developing, maintaining, and understanding relationships; and

6.6.1.2 Restricted, repetitive patterns of behavior, characteristics, interests, or activities, that are not age or developmentally appropriate, which manifest as:
6.6.1.2.1 Stereotyped or repetitive motor movements, use of objects or speech;

6.6.1.2.2 Insistence on sameness, inflexible adherence to routines, or ritualized patterns of verbal or nonverbal behavior;

6.6.1.2.3 Highly restricted, fixated interests that are abnormal in intensity or focus; or

6.6.1.2.4 Hyper- or hypo-reactivity to sensory input or unusual interests in sensory aspects of the environment; and

6.6.1.2.5 The displayed impairments or patterns must result in a significant impairment in important areas of functioning and be persistent across multiple contexts, including a variety of people, tasks and settings; and

6.6.1.2.6 One (1) or more of the displayed impairments or patterns must have an adverse effect on the child's educational performance as that term is defined in 14 DE Admin. Code 922.3.0.

6.6.2 Age of Eligibility: A child is eligible for special education and related services under the Autism educational classification from birth until the student's receipt of a regular high school diploma or the end of the school year in which the student attains the age of 21, whichever occurs first.

6.6.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Autism if the child meets the criteria in subsection 6.6.1 and the adverse effects on the child's educational performance cannot primarily be explained by an emotional disability, intellectual disability, developmental delay, or factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2.

6.6.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, in order to determine a child's eligibility for special education and related services under the Autism educational classification, the child's IEP team shall obtain data from the following sources:
6.6.4.1 Specialized, validated assessment tools that provide specific evidence of the features of the educational classification of Autism described above; and

6.6.4.2 Observations of the child across structured and unstructured contexts.

6.6.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP team shall follow the procedures in 14 DE Admin. Code 925.3.0 through 925.5.0 and 925.6.6.

6.6.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation required for eligibility under an Autism educational classification shall be provided by individuals who have specific training in the assessment of students with the educational classification of Autism. This means individuals with training in the administration of the assessment procedures referenced in subsection 6.6.4 and interpretation of the data obtained from procedures used such as, a licensed psychologist, certified school psychologist, or licensed and certified speech-language pathologist.

6.6.7 Additional IEP team Members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a certified school psychologist and a licensed and certified speech-language pathologist are required to be members of the IEP team for the purpose of determining eligibility.

6.7 Developmental Delay

6.7.1 Eligibility Criteria: A child is eligible for special education and related services under the Developmental Delay classification if the child's IEP team finds that the child exhibits a significant delay or, in the alternative, atypical development in one (1) or more of the following developmental domains: cognition, communication (expressive or receptive), physical (gross motor or fine motor), social, emotional, or adaptive behavior; and that the presence of one (1) or more documented characteristics of the significant delay or atypical development has an adverse effect on educational performance as defined in 14 DE Admin. Code 922.3.0 .
6.7.1.1 A significant delay shall be shown by:
6.7.1.1.1 Standardized composite test scores of 1.5 or more standard deviations below the mean in two (2) or more of the following developmental domains: cognition, communication (expressive or receptive), physical (gross motor or fine motor), social or emotional, and adaptive behavior; or

6.7.1.1.2 Standardized composite test scores of 2.0 or more standard deviations below the mean in any one (1) of the developmental domains: cognition, communication/expressive or receptive; physical (gross motor or fine motor); social or emotional, and adaptive behaviors.

6.7.1.2 If a child does not exhibit a significant delay, atypical development may be determined by the professional judgment of the IEP team and documented in the evaluation summary report. This judgment is based on multiple sources of information, showing a significant atypical quality or pattern of development or behavior occurring in multiple settings over an extended period of time.

6.7.2 Age of Eligibility: A child is eligible for special education and related services under the Developmental Delay educational classification from the child's 3rd birthdate until the child's 9th birthdate.

6.7.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Developmental Delay if the child meets the criteria in subsection 6.7.1 and the adverse effects on the child's educational performance cannot primarily be explained by a significant visual or hearing impairment, cultural factors, or factors listed under the special rule for eligibility in 14 DE Admin. Code 925.6.2.

6.7.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, in order to determine a child's eligibility for special education and related services under the Developmental Delay educational classification,the child's IEP team shall obtain the following data:
6.7.4.1 Developmental history;

6.7.4.2 Medical history;

6.7.4.3 Interview with the child's parent or guardian;

6.7.4.4 Behavioral observations of the child in their daily environment, which may include the child's home with a parent or caregiver, or an education or care setting, which includes peers who are typically developing;

6.7.4.5 Standardized norm-referenced instruments or other instruments, such as criterion referenced measures; and

6.7.4.6 Other assessments, which could be used for intervention planning, such as dynamic assessments, behavior rating scales, or language samples.

6.7.5 Re-evaluation procedures: For purposes of continued eligibility determination, the IEP team shall follow the procedures in 14 DE Admin. Code 925.3.0 through 925.5.0, and 925.6.7.

6.7.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation required to determine eligibility under a Developmental Delay educational classification shall be provided by a qualified professional such as, a licensed psychologist or certified school psychologist.

6.7.7 Additional IEP team members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a certified school psychologist is required to be a member of the IEP team for the purpose of determining eligibility.

6.8 Deaf-Blind also be referred to as "Dual Sensory Impairment"

6.8.1 Eligibility Criteria: A child is eligible for special education and related services under the Deaf-Blind educational classification when the child's IEP team finds that the child has concomitant hearing and visual impairments, the combination of which has an adverse effect on educational performance as defined in 14 DE Admin. Code 922.3.0 such that the concomitant impairments cause such severe communication and other developmental and educational needs that the child cannot be accommodated in special education programs or related services solely for children with deafness or children with blindness.
6.8.1.1 Applicable hearing impairments include:
6.8.1.1.1 A permanent conductive, sensorineural, or mixed hearing loss of 20 dB HL or greater at two (2) or more frequencies between 500-6000 Hz, either unilaterally or bilaterally; or

6.8.1.1.2 A fluctuating hearing loss greater than 20 dB HL at two (2) or more frequencies between 500-6000 Hz, either unilaterally or bilaterally and persists for more than 6 months; or

6.8.1.1.3 Auditory Neuropathy Spectrum Disorder (ANSD), which is defined as the presence of at least partial outer hair cell function and an absent or grossly abnormal ABR (Auditory Brainstem Response). A behavioral audiogram cannot be used to diagnose ANSD; or

6.8.1.1.4 A hearing impairment that does not meet the criteria in subsections 6.8.1.1.1 through 6.8.1.1.3.

6.8.1.2 Applicable visual impairments include:
6.8.1.2.1 Partial sight, including but not limited to macular holes, oscillopsia, and central vision loss; or blindness; or neurological conditions (not perceptual impairments); or a progressive loss of vision; and corrected visual acuity of 20/50 or less in the better eye, or a peripheral field so contracted that the widest lateral field of vision subtends less than 40 degrees; or

6.8.1.2.2 A cortical vision impairment; or

6.8.1.2.3 A functional vision loss where field and acuity deficits alone do not meet the criteria in subsections 6.8.1.2.1 or 6.8.1.2.2.

6.8.2 Age of Eligibility: A child is eligible for special education and related services under the Deaf-Blind educational classification from birth until the child's receipt of a regular high school diploma or the end of the school year in which the student attains the age of 21, whichever occurs first.

6.8.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Deaf-Blind if the child meets the criteria in subsection 6.8.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2.

6.8.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, in order to determine a child's eligibility for special education and related services under the Deaf-Blind educational classification, the child's IEP team shall obtain the following:
6.8.4.1 Documentation of the visual and hearing impairments by a qualified medical professional as defined in 14 DE Admin. Code 925.6.8.6; and

6.8.4.2 An audiological evaluation that is no more than six (6) months old, unless otherwise specified by the licensed audiologist.

6.8.5 Re-evaluation Procedures
6.8.5.1 For purposes of continued eligibility determination, the IEP team shall follow the procedures in 14 DE Admin. Code 925.3.0 through 925.5.0 and 925.6.8; and

6.8.5.2 Make every effort to obtain updated documentation related to the student's visual impairment; and

6.8.5.3 Obtain an audiological evaluation that is no more than one (1) year old, unless otherwise specified by the licensed audiologist.

6.8.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation required for eligibility under a Deaf-Blind educational classification shall be provided as follows:
6.8.6.1 Documentation of the child's hearing impairment shall be provided by a qualified medical professional who can certify the existence of a hearing impairment with or without amplification such as, a licensed audiologist.

6.8.6.2 Documentation of the child's visual impairment shall be provided by a qualified medical professional, such as a licensed ophthalmologist, optometrist, or neurologist, who can certify the existence of a visual impairment. If visual acuity is unable to be determined by a licensed optometrist or ophthalmologist, a functional vision evaluation can be completed by a teacher of the visually impaired or deaf-blind teacher and used to document functional vision loss to qualify for services.

6.8.7 Additional IEP team Members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a licensed audiologist or a teacher of students who are deaf or hard of hearing, a certified school psychologist, a team member from the statewide programs for Deaf-Blind, and a licensed and certified speech-language pathologist are required to be members of the IEP Team for the purpose of determining eligibility.

6.9 Emotional Disability

6.9.1 Eligibility Criteria: A child is eligible for special education and related services under the Emotional Disability educational classification if the child's IEP team finds that the child exhibits an identified pattern of behavior that has existed over a long period of time and to a marked degree as defined in subsection 6.9.1.1 or has a psychiatric disorder, such as schizophrenia; and that pattern of behavior or psychiatric disorder adversely affects the child's educational performance as defined in 14 DE Admin. Code 922.3.0 .
6.9.1.1 Patterns of behavior in subsection 6.9.1 shall be characterized by one (1) or more of the following:
6.9.1.1.1 Situationally inappropriate behavior for the child's age. This refers to recurrent behaviors that clearly deviate from behaviors normally expected of other children of similar age under similar circumstances. That is, the child's characteristic behaviors are sufficiently distinct from those of the child's peer groups; or

6.9.1.1.2 A general pervasive mood of unhappiness or depression; or

6.9.1.1.3 A tendency to develop physical symptoms or fears associated with personal or school problems; or

6.9.1.1.4 An inability to build or maintain satisfactory interpersonal relationships with peers, teachers and others.

6.9.1.2 If applicable, prior to or as part of the eligibility process, the IEP team must find that the student demonstrates insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)).

6.9.2 Age of Eligibility: A child is eligible for special education and related services under the Emotional Disability educational classification from the child's 3rd birthdate until the child's receipt of a regular high school diploma or the end of the school year in which the child attains the age of 21, whichever occurs first.

6.9.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Emotional Disability if the child meets the criteria in subsection 6.9.1 and the adverse effect on educational performance cannot primarily be explained by intellectual, sensory, cultural, health factors, or factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2.

6.9.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, in order to determine a child's eligibility for special education and related services under the Emotional Disability educational classification, the child's IEP team shall obtain data from the following:
6.9.4.1 A review of educational records;

6.9.4.2 A social/developmental history with input from the parent or guardian that addresses developmental, familial, medical/health, and environmental factors impacting learning and behavior;

6.9.4.3 Standardized rating scales;

6.9.4.4 A child interview;

6.9.4.5 Behavioral observations by teachers and at least one (1) other member of the IEP team; and

6.9.4.6 If applicable, evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)).

6.9.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP team shall follow the procedures in 14 DE Admin. Code 925.3.0 through 925.5.0, and 925.6.9.

6.9.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation required for eligibility under an Emotional Disability educational classification shall be provided by a qualified professional such as a licensed psychologist or certified school psychologist.

6.9.7 Additional IEP team members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a certified school psychologist is required to be a member of the IEP team for the purpose of determining eligibility.

6.10 Hearing Impairment Classification also referred to as "deaf" or "hard of hearing"

6.10.1 Eligibility Criteria: A child is eligible for special education and related services under the Hearing Impairment educational classification if the child has a hearing impairment under subsection 6.10.1.1 and that the hearing impairment adversely affects the child's educational performance as defined in 14 DE Admin. Code 922.3.0. Adverse effects of hearing impairments may be exhibited by one (1) or more of the examples listed in subsection 6.10.1.2.
6.10.1.1 Applicable hearing impairment shall be:
6.10.1.1.1 A permanent conductive, sensorineural or mixed hearing loss of 20 dB HL or greater at two (2) or more frequencies between 500-6000 Hz, either unilaterally or bilaterally; or

6.10.1.1.2 A fluctuating hearing loss greater than 20 dB HL at two (2) or more frequencies between 500-6000 Hz, either unilaterally or bilaterally, and persists for more than six (6) months; or

6.10.1.1.3 Auditory Neuropathy Spectrum Disorder (ANSD), which is defined as the presence of at least partial outer hair cell function and an absent or grossly abnormal ABR (Auditory Brainstem Response). A behavioral audiogram cannot be used to diagnose ANSD.

6.10.1.2 Examples of adverse effects on educational performance for a hearing impairment:
6.10.1.2.1 Impairment in receptive or expressive language (spoken or signed) including a delay in syntax, pragmatics, semantics, or if there is a significant discrepancy between the receptive and expressive language scores or function;

6.10.1.2.2 Impairment in auditory skills or functional auditory performance including speech perception scores (in quiet or noise), which demonstrate the need for specialized instruction in auditory skill development or assistive technology use;

6.10.1.2.3 Impairment of speech articulation, voice or fluency;

6.10.1.2.4 Lack of adequate academic achievement or sufficient progress to meet age or state-approved grade-level standards in reading, writing, or math;

6.10.1.2.5 Inconsistent performance in social and learning environments compared to typically developing peers;

6.10.1.2.6 Inconsistent performance of self-advocacy skills or use of specialized technology/resources to access instruction.

6.10.2 Age of Eligibility: A child is eligible for special education and related services under the Hearing Impairment educational classification from the child's birth until the child's receipt of a regular high school diploma or the end of the school year in which the child attains the age of 21, whichever occurs first.

6.10.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Hearing Impairment if the child meets the criteria in subsection 6.10.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2.

6.10.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, in order to determine a child's eligibility for special education and related services under the Hearing Impairment educational classification, the child's IEP team shall obtain the following:
6.10.4.1 Documentation of the hearing impairment by a qualified medical professional as defined in 14 DE Admin. Code 925.6.10.6, and

6.10.4.2 An audiological evaluation that is no more than six (6) months old, unless otherwise specified by a licensed audiologist.

6.10.5 Re-evaluation Procedures
6.10.5.1 For purposes of continued eligibility determination, the IEP team shall follow the procedures in 14 DE Admin. Code 925.3.0 through 925.5.0, as well as 925.6.10; and

6.10.5.2 Obtain an audiological evaluation that is no more than one (1) year old, unless otherwise specified by a licensed audiologist.

6.10.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation of the child's hearing impairment shall be provided by a qualified medical professional who can certify the existence of a hearing impairment with or without amplification, such as a licensed audiologist.

6.10.7 Additional IEP team members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a licensed audiologist or a teacher of students who are deaf or hard of hearing, a certified school psychologist, and a licensed and certified speech-language pathologist are required to be members of the IEP team for the purpose of determining eligibility.

6.11 Specific Learning Disability

6.11.1 Eligibility Criteria: A child is eligible for special education and related services under the Specific Learning Disability educational classification if the child exhibits a disorder in one (1) or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations that adversely affects the child's educational performance as defined in 14 DE Admin. Code 922.3.0 , as evidenced by:
6.11.1.1 Lack of achievement: If, when provided with learning experiences and instruction appropriate for the child's age or State approved grade level standard, the child does not achieve adequately for the child's age or to meet State approved grade level standards in one (1) or more of the following areas:
6.11.1.1.1 Oral expression;

6.11.1.1.2 Listening comprehension;

6.11.1.1.3 Written expression;

6.11.1.1.4 Basic reading skill;

6.11.1.1.5 Reading fluency skills;

6.11.1.1.6 Reading comprehension;

6.11.1.1.7 Mathematics calculation;

6.11.1.1.8 Mathematics problem solving; and

6.11.1.2 Insufficient progress: The child does not make sufficient progress to meet age or State approved grade level standards in one (1) or more of the areas identified in subsection 6.11.1.1 of this regulation, when using a process based on scientific, evidence-based interventionswithin a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg.613 (02/01/20)); or

6.11.1.3 Pattern of strengths and weaknesses: 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, that is determined by the child's IEP team to be relevant to the identification of a Specific Learning Disability, using appropriate assessments, consistent with 14 DE Admin. Code 925.4.0 and 925.5.0.

6.11.1.4 Elimination of Discrepancy Model: Public agencies shall not use discrepancy between achievement and intellectual ability to determine eligibility for special education and related services under the Specific Learning Disability classification.

(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6))

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31912, July 11, 2017]

34 CFR 300.307

34 CFR 300.309

6.11.2 Age of Eligibility: A child is eligible for special education and related services under the Specific Learning Disability educational classification from the child's 5th birthdate until the child's receipt of a regular high school diploma or the end of the school year in which the child attains the age of 21, whichever occurs first.

6.11.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Specific Learning Disability if the child meets the criteria in subsection 6.8.1, and the adverse effect on educational performance cannot primarily be explained by:
6.11.3.1 A visual, hearing or motor disability;

6.11.3.2 Intellectual Disability;

6.11.3.3 Emotional Disability;

6.11.3.4 Cultural factors;

6.11.3.5 Environmental or economic disadvantage;

6.11.3.6 Limited English proficiency; or

6.11.3.7 Any of the other factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2.
6.11.3.7.1 To ensure that underachievement in a child suspected of having a Specific Learning Disability is not due to lack of appropriate instruction in reading or math, the child's IEP team shall consider, as part of the evaluation described in 34 CFR 300.304 through 300.306:

6.11.3.7.2 Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and

6.11.3.7.3 Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child's parents.

6.11.3.8 The public agency shall promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and shall adhere to the timeframes described in 34 CFR 300.301 and 300.303, unless extended by mutual written agreement of the child's parents and a group of qualified professionals, as described in 34 CFR 300.306(a)(1).
6.11.3.8.1 If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in subsection 6.11.3.7; and

6.11.3.8.2 Whenever a child is referred for an evaluation.

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31912, July 11, 2017]

34 CFR 300.309

6.11.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, in order to determine a child's eligibility for special education and related services under the Specific Learning Disability educational classification, the child's IEP team shall obtain data from the following:
6.11.4.1 Data that demonstrate that prior to, or as part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg.613 (02/01/20));

6.11.4.2 Observation of the child in the child's learning environment (including the regular classroom setting) to document the child's academic performance and behavior in the areas of difficulty, including:
6.11.4.2.1 Observation in routine classroom instruction and monitoring of the child's performance done before the child was referred for an evaluation or at least one (1) member of the IEP team may conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent is obtained; or

6.11.4.2.2 In the case of a child less than school age or out of school, an IEP team member shall observe the child in an environment appropriate for a child of that age.

(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6); 14 Del.C. § 3110) 34 CFR 300.310

6.11.4.3 Evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg.613 (02/01/20)) or evidence of a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development (see subsection 6.11.1.3);

6.11.4.4 Assessments of intellectual functioning are not required to determine eligibility for special education and related services under the Specific Learning Disability educational classification, but may be used for students suspected of having an intellectual disability or where a problem-solving team as defined in proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)) or the child's IEP team and the parent determine such tests are relevant in selecting appropriate instructional or behavioral interventions.

(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6); 14 Del.C. § 3110)

6.11.5 Re-evaluation procedures: For purposes of continued eligibility determination, the IEP team shall follow the procedures in 14 DE Admin. Code 925.3.0 through 925.5.0, as well as 925.6.11.

6.11.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation required to determine eligibility under a Specific Learning Disability classification shall be provided by a qualified professional such as a certified school psychologist, and in cases in which a child may be eligible in the areas of oral expression or listening comprehension, a licensed and certified speech-language pathologist. For a child suspected of having a Specific Learning Disability, the documentation of the determination of eligibility, as required in 34 CFR 300.306(a)(2), shall contain a statement of:
6.11.6.1 Whether the child has a Specific Learning Disability;

6.11.6.2 The basis for making the determination, including an assurance that the determination has been made in accordance with 34 CFR 300.306(c)(1);

6.11.6.3 The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning;

6.11.6.4 The educationally relevant medical findings, if any;

6.11.6.5 Whether:
6.11.6.5.1 The child does not achieve adequately for the child's age or to meet State-approved grade-level standards consistent with 34 CFR 300.309(a)(1); and

6.11.6.5.2 The child does not make sufficient progress to meet age or State-approved grade-level standards consistent with 34 CFR 300.309(a)(2)(i); or

6.11.6.5.3 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 34 CFR 300.309(a)(2)(ii);

6.11.6.6 The determination of the child's IEP team concerning the effects of a visual, hearing, motor disability, or an intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child's achievement level; and

6.11.6.7 If the child has participated in a process that assesses the child's response to scientific, research-based intervention within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg.613 (02/01/20));
6.11.6.7.1 The instructional strategies used and the student-centered data collected; and

6.11.6.7.2 The documentation that the child's parents were notified about:
6.11.6.7.2.1 The State's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

6.11.6.7.2.2 Strategies for increasing the child's rate of learning; and

6.11.6.7.2.3 The parents' right to request an evaluation.

6.11.6.8 Each IEP team member shall certify in writing whether the report reflects the member's conclusion. If it does not reflect the member's conclusion, the IEP team member shall submit a separate statement presenting the member's conclusions.

(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6); 14 Del.C. § 3110)

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31913, July 11, 2017]

34 CFR 300.311

6.11.7 Additional IEP team members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a general education teacher and a certified school psychologist are required to be members of the IEP team for the purpose of determining eligibility. In cases in which a child may be eligible in the areas of oral expression or listening comprehension, a licensed and certified speech-language pathologist shall also be a member of the IEP team.

(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6))

34 CFR 300.308

6.12 Intellectual Disability

6.12.1 Eligibility Criteria: A child is eligible for special education and related services under the Intellectual Disability educational classification if the child has significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects the child's educational performance as referred to in 14 DE Admin. Code 922.3.0. A child may be eligible under the Intellectual Disability educational classification in one (1) of the following subcategories: mild, moderate or severe.
6.12.1.1 Mild Intellectual Disability. The child exhibits a level of cognitive development and adaptive behavior in home, school, and community settings that is mildly below age expectations with respect to the following:
6.12.1.1.1 Performance on an individually administered test of intelligence that falls within a range of IQ 50 to 70 +/- 5 points; and

6.12.1.1.2 Significant adaptive behavior limitations, commensurate with cognitive functioning, in at least 1 of the following areas:
6.12.1.1.2.1 Conceptual skills;

6.12.1.1.2.2 Social adaptive skills;

6.12.1.1.2.3 Practical adaptive skills, or

6.12.1.1.3 An overall composite score on a standardized measure of adaptive behavior, and

6.12.1.1.4 Insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)).

6.12.1.2 Moderate Intellectual Disability. The child exhibits a level of cognitive development and adaptive behavior in home, school, and community settings that is moderately below age expectations with respect to the following:
6.12.1.2.1 Performance on an individually administered test of intelligence that falls within a range of IQ 35 to 50 +/- 5 points; and

6.12.1.2.2 Significant adaptive behavior limitations, commensurate with cognitive functioning, in at least one (1) of the following areas:
6.12.1.2.2.1 Conceptual skills,

6.12.1.2.2.2 Social adaptive skills,

6.12.1.2.2.3 Practical adaptive skills, or

6.12.1.2.3 An overall composite score on a standardized measure of adaptive behavior.

6.12.1.3 Severe Intellectual Disability. The child exhibits a level of cognitive development and adaptive behavior in home, school, and community settings that is severely below age expectations with respect to the following:
6.12.1.3.1 Performance on an individually administered test of intelligence that falls within a range of IQ below 35; and

6.12.1.3.2 Significant adaptive behavior limitations, commensurate with cognitive functioning, in at least 1 of the following areas:
6.12.1.3.2.1 Conceptual skills,

6.12.1.3.2.2 Social adaptive skills,

6.12.1.3.2.3 Practical adaptive skills, or

6.12.1.3.3 An overall composite score on a standardized measure of adaptive behavior.

6.12.2 Age of Eligibility: A child is eligible for special education and related services under the Intellectual Disability educational classification from the child's 3rd birthdate until the child's receipt of a regular high school diploma or the end of the school year in which the child attains the age of 21, whichever occurs first.

6.12.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Intellectual Disability if the child meets the criteria in subsection 6.12.1, and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2.

6.12.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, in order to determine a child's eligibility for special education and related services under the Intellectual Disability educational classification, the child's IEP team shall obtain data from the following:
6.12.4.1 Observations of the child including adaptive behaviors relevant to the child's age, and

6.12.4.2 For a mild intellectual disability, evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)).

6.12.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP team shall follow procedures in 14 DE Admin. Code 925.3.0 through 925.5.0, as well as 925.6.12.

6.12.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation required for eligibility under an Intellectual Disability educational classification shall be provided by a licensed psychologist or certified school psychologist.

6.12.7 Additional IEP team members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a certified school psychologist is required to be a member of the IEP team for the purpose of determining eligibility.

6.13 Orthopedic Impairment

6.13.1 Eligibility Criteria: A child is eligible for special education and related services under the educational classification of Orthopedic Impairment if the child has an orthopedic impairment caused by a congenital anomaly (e.g., skeletal deformities), or disease (e.g., juvenile rheumatoid arthritis, osteogenesis imperfecta), or other causes (e.g., muscular or neuromuscular disabilities, cerebral palsy, amputations, and fractures or burns that cause contractures) that adversely affects the child's educational performance as defined in 14 DE Admin. Code 922.3.0 .

6.13.2 Age of Eligibility: A child is eligible for special education and related services under the Orthopedic Impairment education classification from the child's 3rd birthdate until the child's receipt of a regular high school diploma or the end of the school year in which the child attains the age of 21, whichever occurs first.

6.13.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Orthopedic Impairment if the child meets the criteria in subsection 6.13.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2.

6.13.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, in order to determine a child's eligibility for special education and related services under the Orthopedic Impairment educational classification, the child's IEP team shall obtain the following:
6.13.4.1 Documentation of the orthopedic impairment. by a qualified professional as described in 14 DE Admin. Code 925.6.13.6, and

6.13.4.2 Results from physical or occupational therapy evaluations using appropriate measures, which identify educational and related service needs, as well as environmental adjustments necessary.

6.13.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP team shall follow procedures in 14 DE Admin. Code 925.3.0 through 925.5.0 and 925.6.13; and should make every effort to obtain updated documentation related to the student's orthopedic impairment.

6.13.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation of the child's orthopedic impairment shall be provided by a qualified medical professional who can certify the existence of an orthopedic impairment.

6.13.7 Additional IEP team members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a certified school psychologist and at least one (1) of the following shall be members of the IEP team for the purpose of determining eligibility: a physical therapist, occupational therapist, or nurse.

6.14 Other Health Impairment

6.14.1 Eligibility Criteria: A child is eligible for special education and related services under the educational classification of Other Health Impairment if the child has a chronic or acute health condition such as, asthma, attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, or Tourette syndrome, that adversely affects the child's educational performance as defined in 14 DE Admin. Code 922.3.0.
6.14.1.1 If applicable, prior to or as part of the eligibility process, the IEP team must find that the student demonstrates insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)).

6.14.1.2 For attention deficit hyperactivity disorder (ADHD), the child shall also exhibit:
6.14.1.2.1 Six (6) or more of the following symptoms of inattention for children up to the age of 16, or five (5) or more for adolescents 17 years or older and adults; symptoms of inattention have been present for at least six (6) months, and inappropriate for developmental level:
6.14.1.2.1.1 Often fails to give close attention to details or makes careless mistakes in schoolwork, work, or other activities;

6.14.1.2.1.2 Often has difficulty sustaining attention in tasks or play activities;

6.14.1.2.1.3 Often does not seem to listen when spoken to directly;

6.14.1.2.1.4 Often does not follow through on instructions and fails to finish schoolwork, chores, or duties in the workplace (e.g. loses focus, side-tracked);

6.14.1.2.1.5 Often has difficulty organizing tasks and activities;

6.14.1.2.1.6 Often avoids, dislikes, or is reluctant to engage in tasks that require mental effort over a long period of time (such as school work or homework);

6.14.1.2.1.7 Often loses things necessary for tasks or activities (e.g., school materials, pencils, books, or tools, etc.);

6.14.1.2.1.8 Often easily distracted;

6.14.1.2.1.9 Often forgetful in daily activities; or

6.14.1.2.2 Six (6) or more of the following symptoms of hyperactivity impulsivity for children up to age 16, or five (5) or more for adolescents 17 and older and adults; symptoms have been present for at least six (6) months to an extent that is disruptive and inappropriate for the student's developmental level:
6.14.1.2.2.1 Often fidgets with hands or feet, or squirms in seat;

6.14.1.2.2.2 Often leaves seat in situations when remaining seated is expected;

6.14.1.2.2.3 Often runs about or climbs in situations in where it is not inappropriate (adolescents or adults, may be limited to feeling of restlessness);

6.14.1.2.2.4 Often unable to play or take part in leisure activities quietly;

6.14.1.2.2.5 Often "on the go" or often acts as if "driven by a motor";

6.14.1.2.2.6 Often talks excessively;

6.14.1.2.2.7 Often blurts out an answer before a question has been completed;

6.14.1.2.2.8 Often has trouble waiting his turn;

6.14.1.2.2.9 Often interrupts or intrudes on others (butts into conversations or games); and

6.14.1.2.3 Several of the inattentive or hyperactive impulsive symptoms exhibited were present before 12 years of age;

6.14.1.2.4 Several symptoms are present in two (2) or more settings (such as home, school or work, with friends or relatives, in other activities); and

6.14.1.2.5 Clear evidence that the symptoms interfere with, or reduce the quality of social, school or work functioning.

6.14.2 Age of Eligibility: A child is eligible for special education and related services under the Other Health Impairment educational classification from the child's 3rd birthdate until the child's receipt of a regular high school diploma or the end of the school year in which the child attains the age of 21, whichever occurs first.

6.14.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Other Health Impairment if the child meets the criteria in subsection 6.14.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2, and additionally in the case of ADHD, such adverse effect on educational performance cannot primarily be explained by another mental disorder (such as mood disorder, anxiety disorder, dissociative disorder, or personality disorder), and the symptoms do not happen only during the course of schizophrenia or another psychotic disorder.

6.14.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, the child's IEP team shall obtain the following:
6.14.4.1 Documentation of the health impairment by a qualified professional as described in 14 DE Admin. Code 925.6.14.6; and

6.14.4.2 If applicable, evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)).

6.14.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP team shall follow procedures in 14 DE Admin. Code 925.3.0 through 925.5.0 and 925.6.14; and the IEP team should make every effort to obtain updated documentation related to the student's health impairment.

6.14.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation of the child's underlying health impairment shall be provided by a qualified medical professional such as a medical doctor, licensed nurse practitioner, or licensed physician's assistant. In cases in which a child displays behaviors consistent with ADHD, a certified school psychologist or licensed psychologist may also provide the documentation required for eligibility consideration.

6.14.7 Additional IEP team members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a certified school psychologist and a school nurse shall be members of the IEP team for the purpose of determining eligibility.

6.15 Speech or Language Impairment

6.15.1 Eligibility Criteria: A child is eligible for special education and related services under the educational classification of Speech or Language Impairment if the child has a moderate to severe impairment in communication, and that the impairment adversely affects the child's educational performance as defined in 14 DE Admin. Code 922.3.0.
6.15.1.1 If applicable, prior to or as part of the eligibility process, the IEP team must find that the student demonstrates insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508 Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)).

6.15.1.2 Applicable communication impairments:
6.15.1.2.1 Speech fluency as exhibited by disfluencies such as stuttering, which includes: prolongations, repetitions, or pauses, or avoidance behaviors, or reduced perception of naturalness or secondary concomitant behaviors, such as distracting sounds, facial grimaces or other body movements; or cluttering, which includes: rapid or irregular speech rate, often with deletion or collapsing of syllables, deletion of word endings, increased frequency of revisions or interjections, pauses in communication that occur at unexpected junctures with respect to grammatical production;

6.15.1.2.2 Articulation/Connected speech intelligibility as exhibited by impairment in the production of speech sounds (including substitutions, omissions, distortions or additions of speech sounds) that are considered to be developmentally appropriate for the child's age or cultural linguistic background;

6.15.1.2.3 Receptive or expressive language as exhibited by: impairment in the form of language (phonology, morphology, syntax), content of language (vocabulary, semantics), comprehension or functional use of language (pragmatics) of a spoken, written, or other symbol system; or

6.15.1.2.4 Voice quality as exhibited by: voice impairment in one (1) or more processes of pitch, quality, intensity or resonance.

6.15.2 Age of Eligibility: A child is eligible for special education and related services under the Speech or Language Impairment educational classification from the child's 3rd birthdate until the child's receipt of a regular high school diploma or the end of the school year in which the student attains the age of 21, whichever occurs first, except where speech and language therapy is provided as a related service. In the latter instance, the age of eligibility shall correspond with that of the identified primary educational classification.

6.15.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Speech or Language Impairment if the child meets the criteria in subsection 6.15.1, and the adverse effect on educational performance cannot primarily be explained by:
6.15.3.1 Sociocultural dialect;

6.15.3.2 Differences associated with acquisition of English as a new language;

6.15.3.3 Anxiety disorders (e.g. selective mutism);

6.15.3.4 Limited exposure to communication-building experiences;

6.15.3.5 Differences related to medical issues not directly related to the vocal mechanism; or

6.15.3.6 Other factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2.

6.15.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, the child's IEP team shall obtain data from:
6.15.4.1 Language samples and communication skills assessments and additional criterion-referenced measures that assess form, content and use, as needed.

6.15.4.2 An oral peripheral examination; and

6.15.4.3 If applicable, evidence of insufficient progress when using a process based on scientific, evidence-based interventions within a multi-tiered system of support in accordance with proposed regulation 14 DE Admin. Code 508Multi-Tiered System of Support (MTSS) (23 DE Reg. 613 (02/01/20)).

6.15.5 Re-evaluation Procedures:
6.15.5.1 For purposes of continued eligibility determination, the IEP team shall follow procedures in 14 DE Admin. Code 925.3.0 through 925.5.0 and 925.6.15; and

6.15.5.2 For impairments in voice or swallowing, the IEP team should make every effort to obtain updated documentation by a qualified medical professional related to the student's impairment.

6.15.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation of the child's communication disorder shall be provided by a licensed and certified speech-language pathologist. For impairments in voice or swallowing, an evaluation by a qualified medical professional is also required.

6.15.7 Additional IEP team members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a licensed and certified speech-language pathologist shall be a member of the IEP team for the purpose of determining eligibility. When the child's primary educational classification is Speech or Language Impairment a special education teacher or provider is not required to be a member of the IEP team.

6.16 Traumatic Brain Injury

6.16.1 Eligibility Criteria: A child is eligible for special education and related services under the educational classification of Traumatic Brain Injury if the child has an acquired injury to the brain caused by an external physical force, or by certain medical conditions such as stroke, encephalitis, aneurysm, anoxia or brain tumors resulting in total or partial functional disability or psychosocial impairment, or both, and that the traumatic brain injury adversely affects the child's educational performance as defined in 14 DE Admin. Code 922.3.0.

6.16.2 Age of Eligibility: A child is eligible for special education and related services under the Traumatic Brain Injury educational classification from the child's 3rd birthdate until the child's receipt of a regular high school diploma whichever occurs first.

6.16.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Traumatic Brain Injury if the child meets the criteria in subsection 6.16.1, and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination in 14 DE Admin. Code 925.6.2.

6.16.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, the child's IEP Team shall obtain documentation of the traumatic brain injury by a qualified medical professional as described in 14 DE Admin. Code 925.6.16.6.

6.16.5 Re-evaluation Procedures
6.16.5.1 For purposes of continued eligibility determination, the IEP team shall follow procedures in 14 DE Admin. Code 925.3.0 through 925.5.0 and 925.6.16.1; and

6.16.5.2 The IEP team should make every effort to obtain updated documentation related to the student's traumatic brain injury.

6.16.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation of the child's traumatic brain injury shall be provided by a qualified medical professional who can certify the existence of a traumatic brain injury.

6.16.7 Additional IEP team Members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, a certified school psychologist and a school nurse shall be members of the IEP team for the purpose of determining eligibility.

6.17 Visual Impairment Including Blindness

6.17.1 Eligibility Criteria: A child is eligible for special education and related services under the Visual Impairment including Blindness educational classification if the child has an impairment in vision that, even with correction, adversely affects the child's educational performance as defined in 14 DE Admin. Code 922.3.0.
6.17.1.1 Applicable visual impairments are:
6.17.1.1.1 Partial sight, including macular holes, oscillopsia, and central vision loss; or blindness; or neurological conditions (not perceptual impairments); or a progressive loss of vision; and corrected visual acuity of 20/50 or less in the better eye, or a peripheral field so contracted that the widest lateral field of vision subtends less than 40 degrees; or

6.17.1.1.2 Cortical vision impairment, or

6.17.1.1.3 A functional vision loss where field and acuity deficits alone may not meet the criteria in subsections 6.17.1.1.1 or 6.17.1.1.2.

6.17.2 Age of Eligibility: A child is eligible for special education and related services under the Visual Impairment including Blindness educational classification from birth until the child's receipt of a regular high school diploma or the end of the school year in which the student attains the age of 21, whichever occurs first.

6.17.3 Additional Criteria for Eligibility: While a child with a disability may be eligible for multiple educational classifications, the child's primary educational classification shall be Visual Impairment including Blindness if the child meets the criteria in subsection 6.17.1 and the adverse effect on educational performance cannot primarily be explained by factors listed under the special rule for eligibility determination consistent with 14 DE Admin. Code 925.6.2.

6.17.4 Disability-Specific Evaluation Procedures: In addition to the evaluation procedures required by 14 DE Admin. Code 925.4.0 through 925.5.0, in order to determine a child's eligibility for special education and related services under the Visual Impairment including Blindness educational classification, the child's IEP team shall obtain documentation of the visual impairment by a qualified medical professional as defined in 14 DE Admin. Code 925.6.17.6.

6.17.5 Re-evaluation Procedures
6.17.5.1 For purposes of continued eligibility determination, the IEP team shall follow procedures in 14 DE Admin. Code 925.3.0 through 925.5.0 and 925.6.17; and

6.17.5.2 The IEP team should make every effort to obtain updated documentation related to the student's visual impairment.

6.17.6 Documentation: The IEP team shall document its eligibility determination in an evaluation summary report. Documentation of the child's visual impairment shall be provided by a qualified medical professional such as a licensed ophthalmologist, optometrist, or neurologist.

6.17.7 Additional IEP team members: In addition to the IEP team members required by 14 DE Admin. Code 925.8.0, an orientation and mobility specialist, teacher of students with visual Impairments, and a certified school psychologist are required to be members of the IEP team for the purpose of determining eligibility.

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