An IEP team may determine that a child has a specific learning disability if: 1. The child does not achieve adequately for his/her age or fails to meet state-approved grade- level standards in one of more of the following areas when provided with age-appropriate standards-based learning experiences and instruction: • Oral expression • Listening comprehension
• Written expression • Basic reading skills
• Reading fluency skills • Reading comprehension • Mathematics calculation • Mathematics problem-solving
2. The child does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the above areas when using a process based on the child’s response to scientific, research-based intervention. 3. The team determines that the lack of achievement is not primarily the result of a visual, motor, or hearing disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency. The team must also consider data that demonstrates that the child was provided appropriate instruction in general education settings in order to ensure that underachievement is not a result of lack of appropriate instruction in reading or math. The team must also document that repeated assessments of achievement were administered at reasonable intervals reflecting formal assessment of student progress, and results were provided to the child’s parents. Section D - Dismissal from Special Education Title 20 of the United States Code § 1414(c)(5). Evaluation before change in eligibility. A local educational agency 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. This evaluation shall not be required before the termination of a child’s eligibility due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education. For a child, whose eligibility terminates due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE, the local educational agency 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.
Chapter 3 – Eligibility Criteria, Desert/Mountain SELPA As of 9/17/2018 CAHELP Governance Council Review/Approval
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