1.
Eligibility Criteria for Children
B-2
A. Developmental Delay
(1) Definition. An infant or toddler with a
disability means an individual under three years of age who needs early
intervention services because the individual is experiencing developmental
delays, as measured by appropriate diagnostic instruments and procedures in one
or more of the areas of cognitive development, physical development,
communication development, social or emotional development, and adaptive
development; or has a diagnosed physical or mental condition that has a high
probability of resulting in developmental delay, includes conditions such as
chromosomal abnormalities; genetic or congenital disorders; sensory
impairments; inborn errors of metabolism; disorders reflecting disturbance of
the development of the nervous system; congenital infections; severe attachment
disorders; and disorders secondary to exposure to toxic substances, including
fetal alcohol syndrome. [20
USC 1432(5)(A)]
For children B-2 with diagnosed physical or mental
conditions that are not included in the list in the definition above, each
child's diagnostic evaluation must include demonstration that the child has a
high probability to have a developmental delay resulting from that condition.
The diagnostic evaluation of that condition will demonstrate the severity and
chronicity of the condition which can then be discussed by the team to
determine its impact on eligibility.
The level of developmental delay required for
eligibility will be defined as any of the following (unless the measures used,
such as hearing and vision tests, have different criteria for establishing
abnormal development):
(a)
A delay of at least 2.0 or more standard deviations below the mean in
at least one of the five areas of development listed above;
or(b)
A delay of
at least 1.5 standard deviations below the mean in at least two of the five
areas of development listed in 1(A)(1), above. [20 USC
1435(a)(1)]
(2) Procedures
for Determination
(a) Evaluation and
assessment of each child age B-2 referred must include:
(i) Health: A review of pertinent records
related to the child's current health status and medical history.
[34 CFR
303.322(c)(3)(i)]
;
(ii) Multidisciplinary assessment
of the unique strengths and needs of the infant or toddler and the
identification of services appropriate to meet such needs. [20 USC
1436(a)(1)]
The
evaluation and assessment team must administer one of the Department-approved
instruments for determining eligibility; and(iii) Family: a family directed assessment of
the resources, priorities and concerns of the family and identification of the
supports and services necessary to enhance the family's capacity to meet the
developmental needs of the infant or toddler. [20 USC
1436(a)(2)]
The procedures for these assessments are set forth in
IV.1.E of this rule.
(b)
The level of developmental delay
required for eligibility will be defined as any of the following (unless the
measures used, such as hearing and vision tests, have different criteria for
establishing abnormal development):
(i)
A delay of at least 2.0 or more
standard deviations below the mean in at least one of the five areas of
development listed above; or(ii)
A delay of at least 1.5 standard
deviations below the mean in at least two of the five areas of development
listed in 1(A)(1), above. [Developed pursuant to
20 USC
1435(a)(1)]
(c)
Informed Clinical Opinion
Informed clinical opinion must be used by qualified
early intervention personnel when conducting an evaluation and assessment of
the child. Informed clinical opinion may be used as an independent basis to
establish a child's eligibility under Part C even when other instruments do not
establish eligibility, however in no event may informed clinical opinion be
used to negate the results of evaluation instruments used to establish
eligibility. Informed clinical opinion is the professional judgment of
qualified early intervention personnel.
When determining eligibility through the informed
clinical opinion of an IFSP Team, the Team must document the
following:
(i)
Explain why the evaluation standards and procedures, that are used with
the majority of children resulted in invalid findings for this
child.(ii)
Indicate what objective data was used to conclude that the child has a
developmental delay. Data may include test scores; parent input; childcare
provider comments; observations of the child in his/her daily routine; use of
behavior checklists or criteria- referenced measures; and other developmental
data including current health status and medical history.(iii)
Indicate which data had the
greatest relative importance for the eligibility decision.(iv)
Indicate agreement of the use of
informed clinical opinion. If one or more team members disagree with the
decision, the dissenting team members will develop a written statement of the
areas of disagreement, signed by those members and will be kept in the child's
education record.2.
Eligibility Criteria for
Children Three to Twenty-Two
The references to data from general education
interventions apply only to children age five to twenty-two. Parents may always
make a referral without waiting for the completion of the general education
interventions.
A child with a disability is an individual
who:
Has reached the age of 3 years;
Has neither graduated from a secondary school program
with a regular high school diploma and is under 22 years of age at the start of
the school year;
Has been observed in the learning
environment/classroom setting; and
Has been evaluated according to these rules and has
been determined to have a disability which requires the provision of special
education and supportive services.
A child with a disability shall have one or more of
the disabilities listed in this section.
A child must need special education. Although federal
regulations do not define "needs," the word commonly signifies something
necessary, something exigent or the "lack of something essential." A child
"needs" special education and related services when, because of the disability,
the child can neither progress effectively in a regular education program nor
receive reasonable benefit from such a program in spite of other services
available to the child.
The need is best established through evidence of a
distinctly measurable and persistent gap in the child's educational or
functional performance that cannot be addressed through services or
accommodations available through the general education program.
A. Autism
(1)
Definition. Autism means a
developmental disability significantly affecting verbal and non-verbal
communication and social interaction, generally evident before age three that
adversely affects educational performance. Other characteristics often
associated with autism are engagement in repetitive activities and stereotyped
movements, resistance to environmental change or change in daily routines, and
unusual responses to sensory experiences.
The term does not apply if a child's educational performance
is adversely affected primarily because the student has an emotional
disability, as defined in Section
VII of this rule.
A child who manifests the characteristics of autism after age
three could be identified as having autism if the criteria in paragraph one of
this section is satisfied. [34 CFR
300.8(c)(1) (i-iii)]
Autism is defined as one of the "pervasive
developmental disorders" which includes: PDD, PDDNOS, Asperger's Syndrome,
Autistic Disorder, Rett's Syndrome, and Childhood Disintegrative
Disorder.
(2)
Procedure for Determination. All steps below are required.
(a)
Data from general education
interventions, if appropriate, utilizing research based intervention techniques
indicate that the response to general education intervention is not
adequate.(b)
Diagnostic impressions will be based upon an evaluation undertaken by a
qualified professional who is qualified to make a diagnostic impression under
the DSM codes for pervasive developmental disorders.B. Deaf-Blindness
(1) Definition. Deaf-blindness means
concomitant visual and deafness, including hearing loss, the combination of
which causes such severe communication, and other developmental and educational
needs that cannot be accommodated in special education programs solely for
children with deafness or children with blindness. [34 CFR
300.8(c)(2)]
(2)
Procedure for Determination. All
steps below are required.
(a)
Deaf-blindness is a separate eligibility category. These children
should not be categorized or counted as multiply disabled, unless there is
another distinct disability and the team is unable to determine the primary
disability.(b)
Audiological and medical evaluations are utilized as part of the
multidisciplinary evaluation in determination of
eligibility.C. Deafness, including hearing loss
(1) Definition. Deafness, including hearing
loss means a hearing impairment that is so severe that the child is impaired in
processing linguistic information through hearing, with or without
amplification, that adversely affects the child's educational performance.
[34 CFR
300.8(c)(3)]
(2)
Procedure for Determination. All
steps below are required.
(a)
Audiological and medical evaluations will determine the diagnosis under
this criterion.(b)
Once deafness is diagnosed, further assessments by specialists in the
field of deaf education are needed for the IEP Team's determination of adverse
effect on educational performance and language acquisition. These additional
assessments may be conducted by a Teacher of the Deaf/Hearing Impaired, a
speech-language pathologist, or other qualified personnel, as deemed
appropriate by the IEP Team.D. Developmental Delay
(1) Definition. A child with a disability
aged 3-5, may, at the discretion of the local educational agency, include a
child experiencing developmental delays, as defined
below and
as measured by appropriate diagnostic instruments and procedures, in one or
more of the following areas: physical development; cognitive development;
communication development; social or emotional development; or adaptive
development; and who, by reason thereof, needs special education and related
services. [20 USC
1401(a)(3)(B) (i-ii)]
The measured delays must be so significant as to
adversely affect the child's educational performance or achievement in
age-relevant, developmentally, and individually appropriate activities such
that the child does not achieve or perform at a level commensurate with that of
typically developing children of the same age.
Every effort will be made to identify a child's
primary disability under one of the other Part B eligibility criteria,
reserving developmental delay for those situations in which a clear
determination cannot be made under any other category.
For a five-year-old who has transitioned from early
childhood special education to a public school, and who has been determined
eligible under developmental delay by CDS, and for whom the IEP Team cannot
achieve consensus on Part B criteria for the kindergarten year, the SAU may
continue the eligible child under the developmental delay criteria for that
year consistent with 34 CFR
300.111. During the kindergarten year, the
IEP Team will determine by means of further evaluation, assessments and
classroom observations., whether the child is eligible as a child with a
disability under Part B criteria.
(2)
Procedure for Determination. All
steps below are required.(a)
A developmental delay will be determined through the use of
standardized measures intended to examine all five areas of development, and
administered by a qualified individual with formal training in professional
standards of the assessment of young children.(b)
Criteria for identifying
significant delays are scores of at least 1.5 standard deviations below the
mean in at least two of the five listed domains or 2 standard deviations below
the mean in one of the five listed domains.(c)
The composite standard score of
the overall domain will be used to determine a standard deviation below the
mean in a developmental area.(d)
The identification of a young
child with a developmental delay will include consideration of an observation
of the child in the learning environment or an environment appropriate for a
child of that age, to document educational performance and behavior in the
areas of difficulty. The observation will be done by a certified special
education personnel, other than the child's current provider(e)
The IEP Team will determine if
the child's delay adversely affects the child's educational
performance.E.
Emotional Disability
(1) Definition.
Emotional
Disability means a condition which exhibits one or more of the following
characteristics over a long period of time and to a marked degree that
adversely affects the child's educational performance:
(a) An inability to learn that cannot be
explained by intellectual, sensory, or health factors;
(b) An inability to build or maintain
satisfactory interpersonal relationships with peers and teachers;
(c) Inappropriate types of behaviors or
feelings under normal circumstances;
(d) A general pervasive mood of unhappiness
or depression;
(e) A tendency to
develop physical symptoms or fears associated with personal or school problems.
The term includes schizophrenia. The term does not apply to
students who are "socially maladjusted," unless it is determined that they have
an emotional disability. [34
CFR 300.8(c)(4)]
(2)
Procedure
for Determination. All steps below are required.
(a)
Data from general education
interventions, if appropriate, utilizing research based intervention techniques
indicate that the response to general education intervention is not
adequate.(b)
Evaluation will be done by qualified personnel who is qualified to make
a diagnostic impression under the DSM codes.F. Hearing Loss
(1) Definition. Hearing Loss means an
impairment in hearing whether permanent or fluctuating, that adversely affects
the child's educational-performance but who is not included under the
definition of deafness
in Section
VII.(2)(C) of this
rule..[34 CFR
300.8(c)(5)]
(2)
Procedure for Determination. All
steps below are required.
(a)
An audiological and a medical evaluation are to be utilized as part of
the multidisciplinary determination of eligibility under this
criterion.(b)
The
IEP Team will determine if the impairment adversely affects the child's
educational performance.G. Intellectual Disability
(1) Definition. Intellectual disability means
significantly subaverage general intellectual functioning existing concurrently
with deficits in adaptive behaviors and manifested during the developmental
period that adversely affect the child's educational performance.
[34 CFR
300.8(c)(6)]
(2)
Procedure for Determination. All
steps below are required.
(a)
Diagnostic impression will be based upon an evaluation completed by a
professional who is qualified to make a diagnostic impression under current DSM
codes, as part of the multidisciplinary evaluation.(b)
The IEP Team will determine if
the impairment adversely affects the child's educational
performance.H. Multiple Disabilities
(1) Definition. Multiple disabilities means
concomitant impairments the combination of which causes such severe educational
needs that the child cannot be accommodated in special educational programs
solely for one of the impairments. The term does not include children who have
deaf-blindness. [34 CFR
300.8(c)(7)]
(2)
Procedure for Determination. All
steps below are required.(a)
A child under this category will have a diagnostic report which
specifically articulates the distinct documented disabilities-the combination
of which causes such severe educational needs that the child cannot be
accommodated in special education programs solely for one impairment. The
disabilities are concomitant.(b)
If the IEP Team is unable to
determine a primary disability and the conditions under (a) are met, the child
should be categorized as a child with multiple disabilities.I. Orthopedic
impairment
(1) Definition. Orthopedic
impairment means a severe orthopedic impairment that adversely affects a
child's educational performance. The term includes impairments caused by a
congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone
tuberculosis) and impairments from other causes (e.g., cerebral palsy,
amputations, and fractures or burns that cause contractures). [34 CFR
300.8(c)(8)]
(2)
Procedure for Determination. All
steps below are required.
(a)
A referral shall include a diagnosis from a licensed physician as to
the existence of an orthopedic impairment, resulting from a congenital anomaly,
disease, or other condition.(b)
The IEP Team will determine if
the impairment adversely affects the child's educational
performance.J. Other Health Impairment
(1) Definition. Other health impairment means
having limited strength, vitality or alertness, including a heightened
alertness to environmental stimuli, that results in limited alertness with
respect to the educational environment, that is due to chronic or acute health
problems, such as asthma, attention deficit disorder, attention deficit
hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead
poisoning, leukemia, nephritis, rheumatic fever, or sickle cell anemia,
Tourette Syndrome and adversely affects the child's educational performance.
[34 CFR
300.8(c)(9)]
(2)
Procedure for Determination. All
steps below are required.
(a)
Data from general education interventions, if appropriate, using
research based intervention techniques indicate that the response to general
education intervention is not adequate.(b)
The I.E.P. Team shall consider
any available written diagnoses and/or educational, psychological or medical
evaluation results relevant to the identification process.(c)
Current diagnostic criteria must
have been considered in making the diagnosis or diagnostic
impression.(d)
The I.E.P. Team shall review written reports of observations conducted
across settings including observations within the educational environment, if
the child is participating in an educational environment. These observations
must include a comparison of the referred/identified student's behaviors to
same-aged peers' behaviors from the same environment.(e)
When considering eligibility due
to an attention deficit hyperactivity disorder, diagnostic impressions of ADHD
must be based on a multi-method and multi-informant assessment process
conducted across multiple environments including the educational setting for
children participating in an educational setting. Methods for ADHD assessment
must include at least the following:
Psychosocial History;
Clinical interviews;
Structured observations of the child's behavior in the
educational setting;
Behavior rating scales measuring features of attention,
hyperactivity and impulsivity across multiple settings including the
educational setting; and
Measures that rule out other disorders that may
manifest with similar symptoms.
(f)
A child with a medical condition listed under Other Health Impairment
may also be eligible under another category if he or she meets the criteria for
that other category and needs special education and related services. All
children who have one or more of the conditions listed under Other Health
Impairment are not necessarily eligible to receive special education services
under IDEA.K. Speech or Language Impairment
(1) Definition. Speech or language impairment
means a communication disorder such as stuttering, impaired articulation, a
language impairment, or a voice impairment, that adversely affects the child's
educational performance. [34
CFR 300.8(c)(11)]
(2)
Procedure for Determination. All
steps below are required.(a)
Data from general education interventions, if appropriate, utilizing
research based intervention techniques indicate that the response to
intervention is not adequate.(b)
For assessments that provide
standard scores, the criteria for determining disability will be in the
moderate to severe range for the child's age as determined by the rating
scales.(c)
For
assessments that do not provide standard scores, criteria for a moderate to
severe disability must be met by the quantifiable measure as determined by the
rating scales.(d)
For clinical observations documenting the effect of communication on
educational performance in evaluation reports, the criteria for meeting a
moderate to severe disability must be detailed by the examiner as determined by
the rating scales.(e)
Evaluation data shall be entered into a rating scale by the IEP Team
which measures a moderate to severe level of speech or language impairment in
all levels of assessment(f)
Diagnosis will be by a licensed
or certified professional who is qualified to make a diagnosis under this
criteria, as reflected below:
Certified speech/language clinician
Licensed speech/language pathologist
L. Specific Learning Disability
(1) Definition. Specific learning disability
means a disorder in one or more of the basic psychological processes involved
in understanding or in using language, spoken or written, that may manifest
itself in an imperfect ability to listen, think, speak, read, write, spell, or
to do mathematical calculations, including conditions such as perceptual
disabilities, brain injury, minimal brain dysfunction, dyslexia, and
developmental aphasia. Specific learning disabilities does not include learning
problems that are primarily the result of visual, hearing, or motor
disabilities, of intellectual disability, of emotional disability, or
environmental, cultural or economic disadvantage. [34 CFR
300.8(c)(10)]
(2)
Determination of the existence
of a Specific Learning Disability.
(a)
The IEP Team may determine that a
child has a specific learning disability if:
(i)
Evidence from multiple valid and
reliable sources demonstrates that the child does not achieve
adequately for the child's age or to meet State-approved grade- level standards
in one or more of the following areas, when provided with learning experiences
and instruction appropriate for the child's age or State- approved grade-level
standards:
(bb) Listening comprehension.
(dd) Basic reading skill.
(ee) Reading fluency skills.
(ff) Reading comprehension.
(gg) Mathematics calculation.
(hh) Mathematics problem solving;
and(ii)
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 group to be relevant to the
identification of a specific learning disability, using appropriate
assessments, consistent with §§300.304 and 300.305
[Section
V] .
To determine a
pattern of strength and weaknesses, the IEP Team must consider the
following:
(aa)
data
collected when using a process based on the child's response to scientific,
research-based intervention; including general education interventions under
Section III of this
rule;(bb)
Classroom performance data;(cc)
Achievement data based on
summative assessments, State assessments or scientifically-based
assessments;(dd)
Psychological processing data from standardized measures to identify
contributing factors: and(iii) The group determines that its findings
under paragraphs (2)(a)
(i) and (
ii) of this
section are not primarily the result of-
(aa)
A visual, hearing, or motor disability;
(bb) Intellectual disability;
(cc) Emotional disability;
(ee) Environmental or economic disadvantage;
or
(ff) Limited English
proficiency.
(b)
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 group must consider, as part of the evaluation described in
§§ 300.304 through 300.306
[Section
V] -
(i) 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
(ii) 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.
(c)
If measures with norms for the child's cultural and linguistic
background, physical disability or other contributing factors are unavailable,
then the IEP Team's assessment shall utilize multi-tiered problem-solving
approaches such as analysis of work samples and other performance data to
demonstrate the likelihood of a learning disability.(d) Additional group members. The
determination of whether a child suspected of having a specific learning
disability is a child with a disability as defined in §300.8
and
V II.2(L) of this rule must
be made by the child's parents and a team of qualified professionals, which
must include:
(i) The child's regular
teacher; or
(ii) If the child does
not have a regular teacher, a regular classroom teacher qualified to teach a
child of his or her age; or
(iii)
For a child of less than school age, an individual qualified by the SEA to
teach a child of his or her age; and
(iv) At least one person qualified to conduct
individual diagnostic examinations of children, such as a school psychologist,
speech-language pathologist, or remedial reading teacher. [20 U.S.C.
1221e-3;
1401(30);
1414(b)(6)) and
34 CFR
300.308]
(e) The public agency must promptly request
parental consent to evaluate the child to determine if the child needs special
education and related services, and must adhere to the timeframes described in
Sections VI.1.A and B of this rule [§§ 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
paragraph d of
this section [§300.306(a)(1)]-
(ii) If, prior to a referral, a child has not
made adequate progress after an appropriate period of time when provided
instruction, as described in paragraphs (b)
(i) and
(ii) of this section; and
(ii) Whenever a child is referred for an
evaluation. (Authority: 20
U.S.C. 1221e-3;
1401(30);
1414(b)
(6)) [34 CFR 300.309]
(f) Observation
(i) The public agency must ensure that the
child is observed 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.
(ii) The
group described in
paragraph d of this section
[§300.306(a)(1), in determining whether a child has a specific learning
disability, must decide to-
(aa) Use
information from an observation in routine classroom instruction and monitoring
of the child's performance that was done before the child was referred for an
evaluation; or
(bb) Have at least
one member of the group described in
paragraph d of this
section [§300.306(a)(1)] 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, consistent with
section
V.1.A(4)(a) of this rule [
§300.300(a)], is obtained.
(iii) In the case of a child of
less than school age or out of school, a group member must observe the child in
an environment appropriate for a child of that age. (Authority:
20 U.S.C.
1221e-3;
1401(30);
[34 CFR
300.310]
(g) Specific documentation for the
eligibility determination.
(i) For a child
suspected of having a specific learning disability, the documentation of the
determination of eligibility, as required in §300.306(a)(2), must contain
a statement of-
(aa) Whether the child has a
specific learning disability;
(bb)
The basis for making the determination, including an assurance that the
determination has been made in accordance with §300.306(c)(1);
(cc) The relevant behavior, if any, noted
during the observation of the child and the relationship of that behavior to
the child's academic functioning;
(dd) The educationally relevant medical
findings, if any;
(ee) Whether the
child does not achieve adequately for the child's age or to meet State-approved
grade-level standards consistent with §300.309(a)(1)
[Section
VII.2.L(2)(a)(i)]; and 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 §300.309(a)(2)(ii)
[Section
VII.2.L(2)(a)(ii)];
(ff)
The determination of the group concerning the effects of a visual, hearing, or
motor disability; intellectual disability; emotional disability; cultural
factors; environmental or economic disadvantage; or limited English proficiency
on the child's achievement level; and
(gg) If the child has participated in a
process that assesses the child's response to scientific, research-based
intervention-
(I) The instructional strategies
used and the student-centered data collected; and
(II) The documentation that the child's
parents were notified about-
(A) 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;
(B) Strategies for
increasing the child's rate of learning; and
(C) The parents' right to request an
evaluation.
(ii) Each group member must certify in
writing whether the report reflects the member's conclusion. If it does not
reflect the member's conclusion, the group member must submit a separate
statement presenting the member's conclusions. (Authority:
20 U.S.C.
1221e-3;
1401(30); and
34 CFR
300.311]
M. Traumatic Brain Injury
(1) Definition. Traumatic brain injury means
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 a child's educational performance. The term applies to
open or closed head injuries resulting in impairments in one or more areas,
such as cognition, language, memory, attention, reasoning, abstract thinking,
judgment, problem-solving, sensory, perceptual and motor abilities,
psychosocial behavior, physical functions, information processing and speech.
The term does not apply to brain injuries that are congenital or degenerative,
or brain injuries induced by birth trauma. [34 CFR
300.8(c)(12)]
(2)
Procedure for Determination. All
steps below are required.(a)
Evaluation will be done by qualified personnel who are qualified to
make the diagnosis.(b)
The IEP Team will determine if the impairment adversely affects the
child's educational performance.N. Visual Impairment including Blindness
(1) Definition. Visual impairment including
blindness means an impairment in vision that, even with correction, adversely
affects the child's educational performance. The term includes both partial
sight and blindness. [34 CFR
300.8(c)(13)]
(2)
Procedure for Determination. The
step below is required.(a)
A
child displays a visual impairment when a visual impairment or a progressive
vision loss has been diagnosed by a licensed, qualified optometrist or
ophthalmologist, and the diagnostic report indicates that the child displays a
visual impairment.3.
Procedure for Determination
of Adverse Effect on Educational Performance
This procedure applies only to the following
disability eligibility categories: Autism, Deafness, including Hearing Loss
Developmental Delay, Emotional Disability, Intellectual Disability, Orthopedic
Impairment, Other Health Impairment, Speech or Language Impairment, Traumatic
Brain Injury, and Visual Impairment including Blindness. This section does not
apply to the following disabilities where the demonstration of adverse effect
is not required as a condition for special education eligibility:
Deaf-Blindness, Multiple Disabilities, and Specific Learning
Disability.
The IEP Team's determination of adverse effect shall
be based upon the results of assessments or data sources, determined by the
team to be necessary to validate the effect In most situations, the IEP Team
shall consider multiple assessments/data sources. If the IEP Team determines
that a single assessment/data source is adequate for determination of adverse
effect, the team will provide the rationale on the required form. The IEP Team
shall document the data elements utilized in the determination of adverse
effect on the Maine Department of Education's required adverse effect
form.
NOTE: This procedure for determination of adverse
effect on educational performance does not replace the requirements specified
in Section V Evaluation or Reevaluation of this
rule.
