Current through September 18, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 3.
(a) An
intellectual disability:
(1) is manifested
during the developmental period;
(2) is characterized by significant
limitations in intellectual functioning;
(3) is demonstrated through limitations in
adaptive behavior; and
(4)
adversely affects educational performance.
(b) A student with a mild intellectual
disability has intellectual functioning that generally:
(1) falls two (2) standard deviations below
the mean; and
(2) manifests delays
in adaptive behavior consistent with the mild intellectual
disability.
(c) A
student with a moderate intellectual disability has intellectual functioning
that generally:
(1) falls three (3) standard
deviations below the mean; and
(2)
manifests delays in adaptive behavior consistent with the moderate intellectual
disability.
(d) A
student with a severe intellectual disability has intellectual functioning and
adaptive behavior skills that generally:
(1)
falls four (4) or more standard deviations below the mean; and
(2) manifests delays in adaptive behavior
consistent with the severe intellectual disability.
(e) Eligibility for special education as a
student with an intellectual disability shall be determined by the student's
CCC. This determination shall be based on the multidisciplinary team's
educational evaluation report described in
511 IAC
7-40-5(e), which includes the
following:
(1) An assessment of the following:
(A) Intellectual ability and functioning that
must include at least one (1) of the following:
(i) An individually administered
norm-referenced assessment.
(ii) If
adequate information cannot be obtained via an individually administered
norm-referenced assessment, a criterion-referenced assessment that:
(AA) has been designed or may be adapted or
modified for use with students who have an intellectual disability;
and
(BB) is administered by a
professional or team of professionals with knowledge of assessment strategies
appropriate for the student.
(B) Current academic achievement as defined
at
511 IAC
7-32-2.
(C) Functional skills or adaptive behavior
across various environments from multiple sources.
(2) A social and developmental history that
may include, but is not limited to, the following:
(A) Communication skills.
(B) Social interaction skills.
(C) Motor skills.
(D) Responses to sensory
experiences.
(E) Relevant family
and environmental information.
(3) Any other assessments and information,
collected prior to referral or during the educational evaluation, necessary to:
(A) determine eligibility for special
education and related services; and
(B) inform the student's CCC of the student's
special education and related services needs.