Policy – Category 5000 (Students) BP 5003 – Eligibility Criteria
appropriate assessments, consistent with 34 C.F.R. sections 300.304 and 300.305 ; and 3. The findings under subdivision (b)(10)(C)(1) and (2) of this section are not primarily the result of: i A visual, hearing, or motor disability;
ii Intellectual disability; iii Emotional disturbance; iv Cultural factors; v Environmental or economic disadvantage; or vi Limited English proficiency.
4. To ensure that underachievement in a pupil suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group making the decision must consider: i Data that demonstrate that prior to, or as a part of, the referral process, the pupil 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 pupil's parents. 5. In determining whether a pupil has a specific learning disability, the public agency must ensure that the pupil is observed in the pupil's learning environment in accordance with 34 C.F.R. section 300.310 . In the case of a child of less than school age or out of school, a qualified professional must observe the child in an environment appropriate for a child of that age. The eligibility determination must be documented in accordance with 34 C.F.R. section 300.311 . Discrepancy Model A severe discrepancy exists between the intellectual ability and achievement in one or more of the following academic areas: • Oral expression • Listening comprehension
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BP 5003 – Eligibility Criteria
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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