Rhode Island Code of Regulations
Title 200 - Board of Education
Chapter 20 - Council on Elementary and Secondary Education
Subchapter 30 - Student Supports
Part 6 - Regulations Governing the Education of Children with Disabilities
Section 200-RICR-20-30-6.7 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
Universal Citation: 200 RI Code of Rules 20 30 6.7
Current through September 18, 2024
6.7.1 Parental Consent
Parental consent shall be obtained in accordance with 34 C.F.R. § 300.300, incorporated by reference above.
6.7.2 Evaluations and Reevaluations
A.
Initial evaluations shall be conducted in accordance with
34 C.F.R. §
300.301, incorporated by reference above;
provided, however:
1. Procedures and
timeframe for initial evaluation shall be conducted pursuant to
34 C.F.R. §
300.301(c); provided,
however:
a. Each public agency must ensure
that:
(1) Within ten (10) school days of the
receipt of a referral for special education services a team of qualified
professionals and the parent that includes the individuals described in
§6.7.4(B) of this Part and other qualified professionals, as appropriate,
known as the Evaluation Team, meet to determine if a special education
evaluation is needed.
(2) The
initial evaluation shall commence no later than ten (10) school days after the
receipt of parental consent to conduct such an evaluation. If the parent does
not notify the public agency within five (5) school days of their consent to
evaluate, the team must document its efforts to obtain consent. If the public
agency has not obtained parental consent to evaluate within fifteen (15) school
days of the request to evaluate, the Evaluation Team must reconvene to consider
what action the public agency will take including, (as appropriate) the
requirements described in § 6.7.1 of this Part (34 C.F.R. §
300.300(a)).
(3) A full individual initial evaluation is
conducted before the initial provision of special education and related
services
b. Within sixty (60) calendar days
of receipt of parental consent to an initial evaluation:
(1) The child is evaluated; and
(2) A written report of the Evaluation Team
is made available to the public agency and the parent(s); and a team of
qualified professionals and the parent(s) of the child meet as an eligibility
team to determine whether the child is a child with a disability and in need of
special education and related services.
c. If determined eligible under
this part, an IEP meeting is conducted and an IEP is developed and special
education and related services are made available to the child in accordance
with an IEP within fifteen (15) school days of the eligibility
determination.
d. If it is
determined that an initial evaluation is not needed, the evaluation team shall
consider referring the student's case back to general education for appropriate
action.
B. A
screening for instructional purposes is not an evaluation in accordance with
34 C.F.R. §
300.302, incorporated by reference
above.
C. Reevaluations shall be
conducted in accordance with
34 C.F.R. §
300.303, incorporated by
reference above. In addition:
1. Procedures
and timeframe for reevaluation.
a. Each public
agency must ensure that:
(1) The reevaluation
shall commence no later than ten (10) school days after the receipt of parental
consent to conduct such an evaluation. If the parent does not notify the public
agency within five (5) school days of their consent to evaluate, the IEP Team
must document its efforts to obtain consent. If the public agency has not
obtained parental consent to evaluate within fifteen (15) school days of the
request to evaluate, the IEP Team must reconvene to consider what action the
public agency will take including, (as appropriate) the requirements described
in § 6.7.1 of this Part (34 C.F.R. §
300.300(c) and (d)).
b. Within sixty (60) calendar days of receipt
of parental consent to conduct a reevaluation:
(1) The child is reevaluated; and
(2) A written report of the IEP Team is made
available to the public agency and the parent(s); and the IEP Team meets to
determine continued eligibility for special education and related
services.
c. If
determined eligible under this part, the public agency must ensure that
continued special education and related services are made available to the
child.
D.
Evaluation procedures shall be in accordance with
34 C.F.R. §
300.304, incorporated by reference above,
provided however:
1. Other evaluation
procedures shall be the same as
34 C.F.R. §
300.304(c) (1) with the following addition:
a. Assessments are selected and administered
so as best to ensure that if an assessment is administered to a child who is
learning English as a second language, the assessment 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 linguistic
difference, in accordance with §6.5.10(A) of this Part.
E. Additional
requirements for evaluations and reevaluations shall be in accordance with
34 C.F.R. §
300.305, incorporated by reference
above.
F. Determination of
eligibility shall be in accordance with
34 C.F.R. §
300.306, incorporated by reference
above.
6.7.3 Additional Procedures for Identifying Children with Specific Learning Disabilities
A. The procedure for
identifying children with specific learning disabilities shall be in accordance
with
34 C.F.R. §
300.307, incorporated by reference above. The
State criteria for determining whether a student has a specific learning
disability is as follows:
1. Response to
Intervention Process Basis
a. In one or more
of the eight (8) areas below the student's performance meets the description
under Achievement Gap and Educational Progress.
(1) Achievement Gap: evidence from multiple
reliable and valid sources indicate that the student's current achievement of
State-approved Grade Level/Span Expectations and English Language Proficiency
Standards is significantly different than his/her peers relative to national
normative data with consideration of state and local data when provided with
learning experiences and instruction appropriate for the child's age or state
approved grade level/span expectations. The student's current achievement shall
be determined after the provision of appropriate general education learning
experiences including at least two periods of intensive interventions
implemented with fidelity. English Language Learners shall additionally be
provided with instruction appropriate for their English language
proficiency.
(2) Educational
Progress. The student does not make sufficient progress to meet age or
State-approved Grade Level/Span Expectations and English Language Proficiency
Standards, based on child's limited responsiveness to intensive scientific,
research-based interventions which have been implemented with fidelity.
Insufficient progress is determined using multiple reliable and valid measures.
The process of determining insufficient progress considers the student's rate
of improvement towards meeting age or State-approved Grade Level/Span
Expectations and English Language Proficiency Standards during intensive
intervention, student's past rate of improvement, and a normative rate based on
the response of his/her local age peers with consideration of national data.
(AA) Oral expression.
(BB) Listening comprehension.
(CC) Written expression.
(DD) Basic reading skill.
(EE) Reading fluency skills.
(FF) Reading comprehension.
(GG) Mathematics calculation.
(HH) Mathematics problem solving.
b. Other considerations.
(1) Student performance in areas indicated
above is not primarily the result of:
(AA) A
visual, hearing, or motor disability;
(BB) Intellectual disability;
(CC) Emotional disturbance;
(DD) Cultural factors;
(EE) Environmental or economic disadvantage;
or
(FF) Limited English
Proficiency
(2) The
determinant factor of the findings is not any of the following:
(AA) Student has lacked appropriate
instruction in literacy.
(BB)
Student has lacked appropriate instruction in math.
(CC) Student has had extended
absences.
(DD) Student has had
repeated change of schools.
(EE)
Student has had an inconsistent or inappropriate educational program.
B. Additional group members shall be in
accordance with
34 C.F.R. §
300.308, incorporated by reference
above.
C. Determining the existence
of a specific learning disability shall be in accordance with
34 C.F.R. §
300.309, incorporated by
reference above.
D. Observation
shall be in accordance with
34 C.F.R. §
300.310, incorporated by
reference above.
E. Specific
documentation for the eligibility determination shall be in accordance with
34 C.F.R. §
300.311, incorporated by reference
above. In addition to the requirements of
34 C.F.R. §
300.311(a), the
documentation must also contain:
1. If the
child exhibits a pattern of strengths and weaknesses in performance,
achievement, or both, recommendations for tailoring instruction and
interventions to support the child's progress;
6.7.4 Individualized Education Programs
A. "Individualized education
program" means the same as used in
34 C.F.R. §
300.320, incorporated by reference above;
provided, however:
1. Under
34 C.F.R. §
300.320(a), as used in this
Part, the term individualized education program or IEP means a written
statement for each child with a disability that is developed, reviewed, and
revised in a meeting in accordance with §§6.7.4(A) through 6.7.5(A)
of this Part and must also include:
a. A
statement of measurable annual goals, including academic and functional goals
and short- term objectives, aligned, where applicable, to the child's personal
literacy and/or individual learning plan, designed to:
(1) Meet the child's needs that result from
the child's disability to enable the child to be involved in and make progress
in the general education curriculum; and
(2) Meet each of the child's other
educational needs that result from the child's disability;
2. Transition services shall be in
accordance with
34 C.F.R §
300.320(b), provided,
however, this section shall apply to a child with a disability beginning at age
fourteen (14), or younger, if determined appropriate by the IEP Team.
B. IEP Team shall be in accordance
with 34 C.F.R. §
300.321, incorporated by
reference above; provided, however, the representative of the public agency
referenced in
34 C.F.R 300.321(a)(4)(iii) must also have the authority to commit the resources of the public
agency.
C. Parent participation
shall be in accordance with
34 C.F.R. §
300.322, incorporated by reference above;
provided, however:
1. Pursuant to
34 C.F.R §
300.322(a), the public
agency shall:
a. Schedule the IEP meeting
within ten (10) school days of a request by the parent or the LEA to meet to
review the child's IEP,
b. Schedule
the meeting at a mutually agreed on time and place, and
c. Notify parents of the meeting ten (10)
school days prior to the meeting to ensure that they will have an opportunity
to attend (the parent may agree to waive the ten (10) day notice requirement in
order to expedite the IEP Team meeting).
2. The notice required under
34 C.F.R §
300.322(b)(2) must be
provided for a child with a disability beginning at age fourteen (14) or
younger, if determined appropriate by the IEP Team. The notice must:
(1) Indicate that a purpose of the meeting
will be the consideration of the postsecondary goals and transition services
for the child, in accordance with §6.7.4(A)(2) of this Part; and
(2) Indicate that the agency will invite the
student; and
(3) Identify any other
agency that will be invited to send a representative.
3. Under
34 C.F.R §
300.322(f), the public
agency must give the parent a copy of the child's IEP at no cost to the parent
and not later than ten (10) calendar days after:
a. An IEP has been developed for the child;
and
b. After the receipt of a
request for a copy of the IEP.
D. When IEPs must be in effect shall be in
accordance with
34 C.F.R. §
300.323, incorporated by reference above;
provided, however:
1. Initial IEPs; provision
of services shall be pursuant to
34 C.F.R. §
300.323(c); provided,
however, each public agency shall ensure that:
a. A meeting to develop an IEP for a child is
conducted within fifteen (15) school days of a determination that the child
needs special education and related services; and
b. As soon as possible following development
of the IEP, but not later than ten (10) school days, special education and
related services are made available to the child in accordance with the child's
IEP.
2. IEPs for
children who transfer public agencies in the same State, under
34 C.F.R. §
300.323(e), shall remain in
effect pursuant to R.I. Gen. Laws § 16-4-21(e).
6.7.5 Development of IEP
A. The development, review, and
revision of IEPs shall be in accordance with
34 C.F.R. §
300.324, incorporated by reference
above.
B. Private school placements
by public agencies shall be in accordance with
34 C.F.R. §
300.325, incorporated by reference
above.
C. Educational placements
shall be in accordance with
34 C.F.R. §
300.327, incorporated by reference
above.
D. Alternative means of
meeting participation shall be in accordance with
34 C.F.R. §
300.328, incorporated by reference
above.
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