(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 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.
(ii)
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
• Written expression • Basic reading skills
• Reading comprehension • Mathematics calculation • Mathematics reasoning The discrepancy is due to a disorder in one or more of the basic psychological processes and is not a result of environmental, cultural, or economic disadvantages. Basic psychological processes include attention, visual processing, auditory processing, sensory- motor skills, and cognitive abilities, including association, conceptualization, and expression. Intellectual ability includes acquired learning potential and shall be determined by a systematic assessment of intellectual functioning. The level of achievement includes the child’s level of competence in materials and subject matter explicitly taught in school and shall be measured by standardized achievement tests.
Chapter 20 – Eligibility Criteria, Charter SELPA
Page 9
As of 09/08/2017
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