Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS
Section 92-51-006 - Identification of Children with Disabilities, Multidisciplinary Teams and Reporting of Diagnostic Data
Universal Citation: 92 NE Admin Rules and Regs ch 51 ยง 006
Current through March 20, 2024
006.01 Child Find
006.01A All children with disabilities
residing in the state, including children with disabilities who are homeless
children or wards of the State and children with disabilities attending
nonpublic schools, regardless of the severity of their disabilities, and who
are in need of special education and related services, shall be identified,
located, and evaluated and a practical method shall be developed and
implemented to determine which children with disabilities are currently
receiving needed special education and related services.
006.01A1 The child find requirements apply to
highly mobile children including migrant children.
006.01A2 The child find requirements also
apply to a child who is suspected of being a child with a disability under 92
NAC 51-003.08 and in need of special education, even though the child is
advancing from grade to grade.
006.01B Student Assistance Team (SAT) or
Comparable Problem Solving Team
006.01B1 For a
school age student, a general education student assistance team or a comparable
problem solving team shall be used prior to referral for multidisciplinary team
evaluation.
006.01B2 The SAT or
comparable problem solving team shall utilize and document problem solving and
intervention strategies to assist the teacher in the provision of general
education.
006.01B3 If the student
assistance team or comparable problem solving team feels that all viable
alternatives have been explored, a referral for multidisciplinary evaluation
shall be completed. A referral shall include information from the SAT or
comparable problem solving team, meeting the requirements of 92 NAC 51-006.01 B
and a listing of the members of the SAT or comparable problem solving
team.
006.02 General Evaluation Requirements
006.02A The
screening of a child by a teacher or specialist to determine appropriate
instructional strategies for curriculum implementation shall not be considered
to be an evaluation for eligibility for special education and related
services.
006.02B Consistent with
the consent requirements in 92 NAC
51-009.OSA, a parent of a child, the
Nebraska Department of Education, another State agency or a local school
district or approved cooperative or nonpublic school may initiate a request for
an initial evaluation to determine if the child is a child with a disability.
006.02B1 The resident school district or
approved cooperative shall conduct a full and individual initial evaluation for
each child being considered for special education and related services before
the initial provision of special education and related services to a child with
a disability. The initial evaluation shall determine whether a child is a child
with a disability, and the educational needs of the child.
006.02B1a In implementing the requirements of
92 NAC 51-006.02B the school district or approved cooperative shall ensure
that:
006.02B1a(1) The evaluation is conducted
in accordance with the procedures described in Section 006 of this Chapter.
006.02B1a(2) The results of the
evaluation are used by the child's lEP team in meeting the requirements of
Section 007 of this Chapter.
006.02C Verification criteria and procedures:
006.02C1 School districts and approved
cooperatives must ensure assessments and other evaluation materials used to
assess a child under this Chapter;
006.02C1a
Are selected and administered so as not to be discriminatory on a racial or
cultural basis; and
006.02C1b Are
provided and administered in the child's native language or other mode of
communication and in the form most likely to yield accurate information on what
the child knows and can do academically, developmentally and functionally,
unless it is clearly not feasible to so provide or administer;
006.02C2 Are used for purposes for
which the assessments or measures are valid and reliable.
006.02C3 School districts and approved
cooperatives must ensure assessments of children with disabilities who transfer
from one school or approved cooperative to another school or approved
cooperative in the same academic year are coordinated with such children's
prior and subsequent schools, as necessary and as expeditiously as possible, to
ensure prompt completion of full evaluations.
006.02C4 School districts and approved
cooperatives must ensure materials and procedures used to assess a child with
limited English proficiency are selected and administered to ensure that they
measure the extent to which the child has a disability and needs special
education, rather than measuring the child's English language skills.
006.02C5 School districts and approved
cooperatives must ensure a variety of assessment tools and strategies are used
to gather relevant functional, developmental and academic information about the
child, including information provided by the parent, and information related to
enabling the child to be involved in and progress in the general education
curriculum (or for a preschool child, to participate in appropriate
activities), that may assist in determining:
006.02C5a Whether the child is a child with a
disability under 92 NAC 51-003.08; and
006.02C5b The content of the child's
lEP.
006.02C6 School
districts and approved cooperatives must ensure any standardized tests that are
given to a child;
006.02C6a Have been
validated for the specific purpose for which they are used; and
006.02C6b Are administered by trained and
knowledgeable personnel in accordance with any instructions provided by the
producer of the assessments.
006.02C6b(i) If
an assessment is not conducted under standard conditions, a description of the
extent to which it varied from standard conditions (e.g., the qualifications of
the person administering the test, or the method of the test administration)
must be included in the evaluation report.
006.02C7 School districts and approved
cooperatives must ensure tests and other evaluation materials include those
tailored to assess specific areas of educational need and not merely those that
are designed to provide a single general intelligence quotient.
006.02C8 School districts and approved
cooperatives must ensure tests are selected and administered so as best to
ensure that if a test is administered to a child with impaired sensory, manual,
or speaking skills, the test results accurately reflect the child's aptitude or
achievement level or whatever other factors the test purports to measure,
rather than reflecting the child's impaired sensory, manual, or speaking skills
(unless those skills are the factors that the test purports to
measure).
006.02C9 School districts
and approved cooperatives must ensure no single measure or assessment is used
as the sole criterion for determining whether a child is a child with a
disability and for determining an appropriate educational program for the
child.
006.02C10 School districts
and approved cooperatives must ensure the child is assessed in all areas
related to the suspected disability, including, if appropriate, health, vision,
hearing, social and emotional status, general intelligence, academic
performance, communicative status, and motor abilities.
006.02C11 School districts and approved
cooperatives must ensure in evaluating each child with a disability under
Section 006, the evaluation is sufficiently comprehensive to identify all of
the child's special education and related services needs, whether or not
commonly linked to the disability category in which the child has been
classified.
006.02C12 The school
district or approved cooperative must use technically sound instruments that
may assess the relative contribution of cognitive and behavioral factors, in
addition to physical or developmental factors.
006.02C13 The school district or approved
cooperative must use assessment tools and strategies that provide relevant
information that directly assists persons in determining the educational needs
of the child.
006.02C14 In
interpreting evaluation data for the purpose of determining if a child is a
child with a disability and the educational needs of the child, each school
district or approved cooperative shall:
006.02C14a Draw upon information from a
variety of sources, including aptitude and achievement tests, parent input,
teacher recommendations, physical condition, social or cultural background, and
adaptive behavior; and
006.02C14b
Ensure that information obtained from all of these sources is documented and
carefully considered.
006.03 Multidisciplinary Evaluation Team (MDT) Requirements
006.03A The
multidisciplinary evaluation team (including the child's parents) shall be
responsible for the analysis, assessment and documentation of educational and
developmental abilities and needs of each child referred for the purpose of
individual evaluation. Using the documentation collected and the verification
criteria found in Section 006 of this Chapter and the definitions found in 92
NAC 51-006.04, the MDT shall make all verification decisions. Documented
information shall be collected to facilitate the development of a statement of
present level of development and educational performance on the lEP.
006.03B For children attending nonpublic
schools, an administrator of the nonpublic school or a designated
representative of the nonpublic school shall be a member of the MDT.
006.03C In making a determination of
eligibility, a child shall not be determined to be a child with a disability if
the determining factor is lack of appropriate instruction in reading, including
the essential components of reading instruction as defined in Section
614(a)(5)(A) of the Individuals with Disabilities Education Act of 2004 (See
Appendix A), lack of instruction in math, or limited English
proficiency.
006.03D If a
determination is made that a child has a disability and needs special education
and related services, an lEP must be developed for the child in accordance with
Section 007 of this Chapter.
006.03E Multidisciplinary Evaluation Team
Written Report (for all suspected disabilities except specific learning
disabilities)
006.03E1 The team shall prepare
a written report of the results of the evaluation.
006.03E2 The report shall include a statement
of:
006.03E2a Whether the child qualifies as a
child with a disability based on the criteria and definition contained in 92
NAC 51-006.04;
006.03E2b The
child's educational needs;
006.03E2c The basis for making the
determination; and
006.03E2d A
listing of the team members.
006.03E3 Each team member shall certify in
writing if the report reflects his or her conclusion. If it does not reflect
his or her conclusions, the team member shall submit a separate statement
presenting his or her conclusion.
006.03E4 A copy of the evaluation report and
the documentation of determination of eligibility shall be given to the parent
at no cost.
006.03F
Multidisciplinary Evaluation Team Written Report for a Child with a Suspected
Specific Learning Disability
006.03F1 The MDT
shall prepare a written report of the results of the evaluation.
006.03F2 The report shall include a statement
of:
006.03F2a Whether the child has a specific
learning disability based on the criteria and definition contained in 92 NAC
51-006.04K.
006.03F2b The child's
educational needs;
006.03F2c The
basis for making the determination including an assurance that the
determination was made in accordance with 92 NAC 51-006.02C14;
006.03F2d The relevant behavior if any, noted
during the observation of the child and the relationship of that behavior to
the child's academic functioning;
006.03F2e The educationally relevant medical
findings, if any;
006.03F2f Whether
the child does not achieve adequately for the child's age or to meet
state-approved grade level standards consistent with 92 NAC 51-006.04K3a and
the child does not make sufficient progress to meet age or state approved grade
level standards consistent with 92 NAC 51-006.04K3b; or whether 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 92 NAC 51-006.04K3b(1);
006.03F2g The determination of the team
concerning the effects of a visual, hearing, or motor disability; intellectual
disability; emotional disturbance; cultural factors; environmental or economic
disadvantage; or limited English proficiency on the child's achievement level;
and
006.03F2h If the child has
participated in a process that assesses the child's response to scientific,
research-based intervention, then the instructional strategies used and the
student-centered data collected; and the documentation that the child's parents
were notified about:
006.03F2h(1) The school
district's or approved cooperative's policies regarding the amount and nature
of student performance data that would be collected and the general education
services that would be provided;
006.03F2h(2) Strategies for increasing the
child's rate of learning; and
006.03F2h(3) The parent's right to request an
evaluation.
006.03F2i A
listing of the team members.
006.03F3 Each team member shall certify in
writing whether the report reflects his or her conclusion. If the report does
not reflect his or her conclusions, the team member shall submit a separate
statement presenting his or her conclusion.
006.03F4 A copy of the evaluation report and
the documentation of determination of eligibility shall be given to the parent
at no cost.
006.03G For a
school age child who after initial MDT evaluation does not qualify for special
education services or for a child with a verified disability who upon
reevaluation no longer qualifies for special education services, a problem
solving team shall document a plan to assist the teacher(s) in the provision of
regular education.
006.04 Eligibility for Special Education
006.04A
School districts or approved cooperatives shall provide special education
services only to children with verified disabilities.
006.04B Autism
006.04B1 To qualify for special education
services in the category of Autism, the child must have a developmental
disability which;
006.04B1a Significantly
affects verbal and nonverbal communication and social interaction;
006.04B1b Is generally evident before age
three; and
006.04B1c That adversely
affects the child's educational performance.
006.04B1d Other characteristics often
associated with autism are engagement in repetitive activities and stereotyped
movements, resistance to environmental change or change in daily routine, and
unusual responses to sensory experiences.
006.04B2 Autism does not apply if a child's
educational performance is adversely affected primarily because the child has
an emotional disturbance as defined in 92 NAC 51-006.04E.
006.04B3 A child who manifests the
characteristics of autism after age 3 could be verified as having autism if the
other criteria in 92 NAC 51-006.04B1 are met.
006.04C Deaf-Blindness
006.04C1 To qualify for special education
services in the category of Deaf-Blindness, the child must have concomitant
hearing and visual impairments, the combination of which causes:
006.04C1a Severe communication needs;
and
006.04C1b Other developmental
and educational needs.
006.04C1c
The severity of these needs is such that they cannot be accommodated in special
education programs solely for children with deafness or blindness.
006.04D
Developmental Delay
006.04D1 To qualify for
special education services in the category of developmental delay, the child
shall have a significant delay as measured by appropriate diagnostic
instruments and procedures in one or more of the following areas and, by reason
thereof needs special education and related services:
006.04D1a Cognitive development,
006.04D1b Physical development,
006.04D1c Communication development,
006.04D1d Social or emotional
development,
006.04D1e Adaptive
behavior or skills development, or
006.04D1f A diagnosed physical or mental
condition that has a high probability of resulting in a substantial delay in
function in one or more of such areas.
006.04D2 Developmental delay may be
considered as one possible eligibility category for children age three through
the school year in which the child reaches age eight.
006.04E Emotional Disturbance
006.04E1 To qualify for special education
services in the category of emotional disturbance, the child must have a
condition exhibiting 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:
006.04E1a An
inability to learn that cannot be explained by intellectual, sensory, or health
factors;
006.04E1b An inability to
build or maintain satisfactory interpersonal relationships with peers and
teachers;
006.04E1c Inappropriate
types of behavior or feelings under normal circumstances;
006.04E1d A general pervasive mood of
unhappiness or depression; or
006.04E1e A tendency to develop physical
symptoms or fears associated with personal or school problems.
006.04E2 The term includes
schizophrenia. The term does not apply to children with social maladjustments,
unless it is determined that they have an emotional
disturbance.
006.04F
Hearing Impairment
006.04F1 To qualify for
special education services in the category of Hearing Impairment, a child must
have an impairment in hearing which;
006.04F1a
Is so severe that the child is impaired in processing linguistic information
through hearing with or without amplification, or
006.04F1b Is permanent or fluctuating,
and
006.04F1c Adversely affects the
child's educational performance.
006.04F2 This term combines the state
definition of "deaf contained in Neb. Rev. Stat. §
79-1118.01(4),
the state definition of "hard of hearing" in Rev. Stat. §
79-1118.01(7),
the federal definition of "deafness" in
34 CFR
300.8(c)(3), and the federal
definition of "hearing impairment" in
34 CFR
300.8(c)(5).
006.04G Intellectual Disability
006.04G1 To qualify for special education
services in the category of Intellectual Disability, the child must
demonstrate:
006.04G1a Significantly
subaverage general intellectual functioning existing concurrently with deficits
in adaptive behavior and manifested during the developmental period, that
adversely affects a child's educational performance.
006.04H Multiple Impairments
006.04H1 To qualify for special education
services in the category of Multiple Impairments, the child must have
concomitant impairments (such as intellectual disability-visual impairment,
intellectual disability-orthopedic impairment), the combination of which causes
such severe educational needs that they cannot be accommodated in special
education programs solely for one of the impairments.
006.04H2 This classification does not include
children with deaf-blindness.
006.04I Orthopedic Impairment
006.04I1 To qualify for services in the
category of Orthopedic Impairment, the child must have a severe orthopedic
impairment that adversely affects the child's educational
performance.
006.04I2 The category
includes children with impairments caused by:
006.04I2a Congenital anomaly,
006.04I2b Impairments caused by disease
(e.g., poliomyelitis, bone tuberculosis), and
006.04I2c Impairments from other causes
(e.g., cerebral palsy, amputations and fractures or burns that cause
contractures).
006.04J Other Health Impairment
006.04J1 To qualify for special education
services in the category of Other Health Impairment, the child must have:
006.04J1a 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 which adversely affects the child's
educational performance such as;
006.04J1a(1)
Asthma, attention deficit disorder or attention deficit hyperactivity disorder,
diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia,
nephritis, rheumatic fever, sickle cell anemia, and Tourette
syndrome.
006.04K Specific Learning Disability
006.04K1 To qualify for special education
services in the category of specific learning disability the child must have 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. The category includes conditions such as perceptual
disabilities, brain injury, minimal brain dysfunction, dyslexia, and
developmental aphasia. The category does not include children who have learning
problems that are primarily the result of visual, hearing, or motor
disabilities; of intellectual disabilities; of emotional disturbance; or of
environmental, cultural, or economic disadvantage.
006.04K2 The MDT of a child suspected of
having a specific learning disability shall include at least:
006.04K2a The child's parents;
006.04K2b For a school age child, the child's
regular teacher(s) or if a child does not have a regular teacher, a regular
classroom teacher qualified to teach a child of that age;
006.04K2c For a child below age 5, a teacher
qualified to teach a child below age 5;
006.04K2d Special educator with knowledge in
the area of specific learning disabilities;
006.04K2e At least one person qualified to
conduct initial individual diagnostic examinations of children, such as a
school psychologist, speech language pathologist, or remedial reading teacher;
and
006.04K2f A school district
administrator, or a designated representative.
006.04K3 The MDT may determine that a child
has a specific learning disability if:
006.04K3a 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: oral expression, listening comprehension, written expression, basic
reading skill, reading fluency skills, reading comprehension, mathematics
calculation, mathematics problem solving.
006.04K3b The child does not make sufficient
progress to meet age or State approved grade-level standards in one or more of
the areas identified in 92 NAC 51-006.04K3a when using a process based on the
child's response to scientific, research-based intervention; or
006.04K3b(1) 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 team to be relevant to the identification of a specific
learning disability, using appropriate assessments consistent with 92 NAC
51-006.02.
006.04K4 The team determines that its
findings under 92 NAC 51-006.04K3a and 006.04K3b are not primarily the result
of:
006.04K4a A visual, hearing, or motor
disability;
006.04K4b Intellectual
disability;
006.04K4c Emotional
disturbance;
006.04K4d Cultural
factors,
006.04K4e Environmental or
economic disadvantage; or
006.04K4f
Limited English proficiency.
006.04K5 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 92 NAC 51-006.02:
006.04K5a 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
006.04K5b 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.
006.04K6 The school district or approved
cooperative 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 92 NAC 51-009.04A1, unless extended by
mutual written agreement of the child's parents and a team of qualified
professionals, as described in 92 NAC 51-006.04K2.
006.04K6a If, prior to a referral, a child
has not made adequate progress after an appropriate period of time when
provided instruction as described in 92 NAC 51-006.04K5a and b; and
006.04K6b Whenever a child is referred for an
evaluation.
006.04K7 The
school district or approved cooperative 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.
006.04K8 The MDT, in
determining whether a child has a specific learning disability, must decide to:
006.04K8a 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
006.04K8b Have at least one member of the MDT
described in 92 NAC 51-006.04K2 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 92 NAC 51-009.08 is
obtained.
006.04K8c In the case of
a child of less than school age or out of school, an MDT member must observe
the child in an environment appropriate for a child of that
age.
006.04L
Speech-Language Impairment
006.04L1 To qualify
for special education services in the category of Speech-Language Impairment,
the child must have:
006.04L1a A communication
disorder such as:
006.04L1a(1)
Stuttering;
006.04L1a(2) Impaired
articulation;
006.04L1a(3) Language
impairment; or
006.04L2a(4) A voice
impairment.
006.04L2 This disorder must adversely affect
the child's educational performance.
006.04M Traumatic Brain Injury
006.04M1 To qualify for special education
services in the category of Traumatic Brain Injury, the child must have:
006.04M1a An acquired injury to the brain
caused by external physical force resulting in total or partial functional
disability or psychosocial impairment, or both, that adversely affects the
child's educational performance.
006.04M1b The category includes open or
closed head injuries resulting in impairments in one or more areas such as:
00 6.04M1b(1) Cognition;
00 6.04M1b(2) Language;
006.04M1b(3) Memory;
006.04M1b(4) Attention;
006.04M1b(5) Reasoning;
006.04M1b(6) Abstract thinking;
006.04M1b(7) Judgment;
006.04M1b(8) Problem solving;
006.04M1b(9) Sensory, perceptual and motor
abilities;
006.04M1b(10)
Psychosocial behavior;
006.04M1b(11) Physical functions;
006.04M1b(12) Information processing;
and
006.04M1b(13)
Speech.
006.04M2 The category does not include brain
injuries that are congenital or degenerative, or brain injuries induced by
birth trauma.
006.04N
Visual Impairment including Blindness
006.04N1 To qualify for special education
services in the category of Visual Impairment, including blindness, the child
must have;
006.04N1a An impairment in vision
that, even with correction, adversely affects the child's educational
performance.
006.04N2
This category includes children who have partial sight or
blindness.
006.05 Reevaluations
006.05A A school district or approved
cooperative shall ensure that a reevaluation of each child with a disability is
conducted in accordance with the verification procedures in Section 006 of this
Chapter:
006.05A1 If the school district or
approved cooperative determines that the educational or related services needs,
including improved academic achievement and functional performance, of the
child warrant, a reevaluation; or
006.05A2 If the child's parents or teacher
requests a reevaluation.
006.05B A reevaluation conducted under
subsection 006.05 of this Chapter:
006.05B1
May occur not more than once a year, unless the parent and the school district
or approved cooperative agree otherwise; and
006.05B2 Must occur at least once every three
years, unless the parent and the school district or approved cooperative agree
that a reevaluation is unnecessary.
006.06 Review of Existing Evaluation Data
006.06A As part of an initial evaluation (if
appropriate) and as part of any reevaluation, the lEP team and other qualified
professionals as appropriate, shall:
006.06A1
Review existing evaluation data on the child, including evaluations and
information provided by the parents of the child, current classroom-based local
or State assessments and classroom-based observations, and observations by
teachers and related services providers; and
006.06A2 On the basis of that review, and
input from the child's parents, identify what additional data, if any, are
needed to determine:
006.06A2a Whether the
child is a child with a disability, as described in 92 NAC 51-003.08, and the
educational needs of the child, or, in case of a reevaluation of a child,
whether the child continues to have such a disability and such educational
needs;
006.06A2b The present levels
of academic achievement and related developmental needs of the child;
006.06A2c Whether the child needs special
education and related services, or in the case of a reevaluation of a child,
whether the child continues to need special education and related services; and
006.06A2d Whether any additions or
modifications to the special education and related services are needed to
enable the child to meet the measurable annual goals set out in the
individualized education program of the child and to participate, as
appropriate, in the general education curriculum.
006.06B The school district or
approved cooperative shall administer such assessments and other evaluation
measures as may be needed to produce the data identified by the lEP team under
92 NAC 51-006.06A2.
006.06C The lEP
team and other qualified professionals may conduct its review without a
meeting.
006.06D If the lEP team
and other qualified professionals, as appropriate, determine that no additional
data are needed to determine whether the child continues to be a child with a
disability and to determine the child's educational needs the school district
or approved cooperative:
006.06D1 Shall notify
the child's parents of;
006.06D1a That
determination and the reasons for the determination; and
006.06D1b The right of the parents to request
an assessment to determine whether the child continues to be a child with a
disability and to determine the child's educational needs.
006.06D2 The school district or approved
cooperative shall not be required to conduct such an assessment unless
requested to by the child's parents.
006.06E A school district or approved
cooperative shall evaluate a child with a disability in accordance with this
section before determining that the child is no longer a child with a
disability.
006.06E1 The evaluation described
in 92 NAC 51-006.06E is not required before the termination of a student's
eligibility under this Chapter due to graduation from secondary school with a
regular high school diploma, or to exceeding the age eligibility for a free
appropriate public education under Neb. Rev. Stat. §
79-1126. For a child whose
eligibility terminates under these circumstances, a school district or approved
cooperative shall provide the child with a summary of the child's academic
achievement and functional performance, which shall include recommendations on
how to assist the child in meeting the child's postsecondary
goals.
006.07 Independent Educational Evaluation
006.07A A
parent of a child with a disability has the right to obtain an independent
educational evaluation of the child at public expense if the parent disagrees
with the evaluation obtained by the school district or approved cooperative,
subject to the provisions of 92 NAC 51-006.07.
006.07B Each school district or approved
cooperative shall provide to parents, upon request for an independent
educational evaluation, information about where an independent educational
evaluation may be obtained, and the school district's or approved cooperative's
criteria applicable for independent educational evaluations.
006.07C parent is entitled to only one
independent educational evaluation at public expense each time the school
district or approved cooperative conducts an evaluation with which the parent
disagrees.
006.07C1 Public expense means that
the school district or approved cooperative either pays for the full cost of
the evaluation or ensures that the evaluation is otherwise provided at no cost
to the parent.
006.07D If
a parent requests an independent educational evaluation at public expense, the
school district or approved cooperative must, without unnecessary delay,
either:
006.07D1 Initiate a hearing under 92
NAC 55 to show that its evaluation is appropriate; or
006.07D2 Ensure that an independent
educational evaluation is provided at public expense, unless the school
district or approved cooperative demonstrates at a hearing under 92 NAC 55 that
the evaluation obtained by the parent did not meet school district or approved
cooperative criteria.
006.07E If the school district or approved
cooperative initiates a hearing and the final decision is that the school
district's or approved cooperative's evaluation is appropriate, the parent
still has the right to an independent educational evaluation, but not at public
expense.
006.07F If a parent
requests an independent educational evaluation, the school district or approved
cooperative may ask for the parent's reason why he or she objects to the public
evaluation. However, the school district or approved agency may not require the
parent to provide an explanation and may not unreasonably delay either
providing the independent educational evaluation at public expense or
initiating a due process hearing to defend the public evaluation.
006.07G If the parent obtains an independent
educational evaluation at public expense or shares with the school district or
approved cooperative an evaluation obtained at private expense, the results of
the evaluation:
006.07G1 Must be considered by
the school district or approved cooperative, if it meets school district or
approved cooperative criteria, in any decision made with respect to the
provision of a free appropriate public education to the child; and
006.07G2 May be presented by any party as
evidence at a hearing under 92 NAC 55 regarding that child.
006.07H If a hearing officer
requests an independent educational evaluation as part of a hearing, the cost
of the evaluation must be at public expense.
006.07I If an independent educational
evaluation is at public expense, the criteria under which the evaluation is
obtained, including the location of the evaluation and the qualifications of
the examiner, must be the same as the criteria that the school district or
approved cooperative uses when it initiates an evaluation, to the extent those
criteria are consistent with the parent's right to an independent educational
evaluation.
006.07J Except for the
criteria described in 92 NAC 51-006.071, a school district or approved
cooperative may not impose conditions or timelines related to obtaining an
independent educational evaluation at public expense.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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