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SPED: II - Identification, Location, and Evaluation

II.        IDENTIFICATION, LOCATION, AND EVALUATION

II.A.     CHILD FIND SYSTEM (34 CFR §§ 300.109, 300.111; Rules II.A.)

  1. WSD, in accordance with the requirements of Part B of the IDEA and with the Rules, has developed policies and procedures to ensure that all students with disabilities residing within the jurisdiction of the LEA, including students with disabilities birth through 21 years of age, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated. These policies and procedures include a practical method for determining which students are currently receiving needed special education and related services and provide a process to reevaluate those who are found eligible within the three-year timeframe.

  2. The requirements of this section apply to:

    1. Highly mobile students with disabilities (such as students who are migrant and homeless) (34 CFR § 300.111(c)(2); Rules II.A.2.a.).

    2. Students who have been suspended or expelled from school (34 CFR § 300.101(a); Rules II.A.2.b.).

    3. Students who have not graduated from high school with a regular high school diploma (34 CFR § 300.102(a)(3)(iii); Rules II.A.2.c.).

    4. Students who are suspected of being a student with a disability under the IDEA and the Rules and who are in need of special education and related services, even though they are advancing from grade to grade (34 CFR § 300.111(c)(1)). The determination that a student is a “student with a disability” under the Rules must be made on an individual basis, by a team made up of the parent or adult student and school personnel determined by the student’s LEA (Rules II.A.2.d.).

    5. Home schooled students and students enrolled in private schools within the school district’s boundaries (Rules II.A.2.e.).

    6. Students in State custody/care (Rules II.A.2.f.).

    7. Students in nursing homes (Rules II.A.2.g.).

  3. Charter schools are responsible for child find for students enrolled in their own schools and have no responsibility for child find for private school students. Charter schools may not refer enrolled students to the local school district for child find (Rules II.A.3.).

  4. Major components of the child find system include:

    1. LEA implementation, coordination, and tracking of child find activities and students identified (34 CFR § 300.131; Rules II.A.4.a.).

    2. USBE staff provision of ongoing technical assistance to LEAs, private schools, and other State agencies in implementing the child find system (Rules II.A.4.b.).

    3. Implementation of the statewide data collection system for reporting student information, including Federal student count (34 CFR §§ 300.132, 300.640–641) and the data requirements found in Rules VI.B.3, which includes that:

      1. Each school district must maintain in its records, and provide to the USBE staff annually, the following information related to parentally placed or adult student nonprofit private school students:

        1. The number of students evaluated and reevaluated within three years;

        2. The number of students determined to be students with disabilities; and

        3. The number of students served.

    4. School district collaboration and coordination with State and Local Department of Health, which has responsibility for providing early intervention services for infants and toddlers with disabilities, ages birth through two, under Part C of the IDEA (Interagency Agreement).

      The collection and use of data to meet the requirements of this section are subject to the confidentiality of information provisions under the Rules and R277-487.

II.B.     REFERRAL (34 CFR § 300.301; Rules II.B.)

  1. Consistent with the consent requirements in Rules II.C., either a parent or the adult student or an LEA may initiate a request for an initial evaluation to determine if a student is a student with a disability under Part B of the IDEA and the Rules. Upon receipt of a request for an evaluation, WSD must respond within a reasonable timeframe. The response may not be delayed due to WSD’s Response to Intervention process.

  2. WSD shall provide an initial special education assessment for students who enter the custody of the Division of Child and Family Services (DCFS) upon request by that division, and the LEA obtains appropriate parental consent for the evaluation for students whose school records indicate they may have disabilities requiring special education services.

II.C.     PARENTAL CONSENT (34 CFR § 300.300; Rules II.C.)

  1. Parental consent for initial evaluation.

    1. When proposing to conduct an initial evaluation to determine if a student qualifies as a student with a disability under the Rules, WSD must, after providing prior written notice to the parent or adult student, obtain informed consent, consistent with Rules I.E.9., from the parent of the student or the adult student before conducting the evaluation.

      1. Parental or adult student consent for initial evaluation must not be construed as consent for initial provision of special education and related services.

      2. WSD must make reasonable efforts to obtain informed consent from the parent or adult student for an initial evaluation to determine whether the student is a student with a disability.

      3. When conducting psychological evaluations, WSD must implement the parental or adult student consent requirements of UCA 53E-9-203 (Student Privacy and Data Protection).

    2. For initial evaluations only, if the student is a ward of the State and is not residing with the student’s parent(s), WSD is not required to obtain informed consent from the parent for an initial evaluation to determine whether the student is a student with a disability if:

      1. Despite reasonable efforts to do so, WSD cannot discover the whereabouts of the parent(s) of the student;

      2. The rights of the parent(s) of the student have been terminated in accordance with State law; or

      3. The rights of the parent(s) to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the student.

    3. If the parent(s) of a student or an adult student enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation, or fails to respond to a request to provide consent, WSD may, but is not required to, pursue the initial evaluation of the student by utilizing the procedural safeguards or the due process procedures in Section IV of the Rules.

      1. WSD does not violate its obligation under the child find provisions of the Rules if it declines to pursue the evaluation by utilizing the procedural safeguards or the due process procedures.
  2. Parental consent for services.

    1. WSD is responsible for making a FAPE available to a student with a disability and must obtain informed consent from the parent(s) of the student or adult student before the initial provision of special education and related services to the student.

    2. WSD must make reasonable efforts to obtain informed consent from the parent(s) or adult student for the initial provision of special education and related services to the eligible student with disabilities.

    3. If the parent(s) of a student or adult student fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, WSD:

      1. May not use the procedures in Section IV of the Rules, including the mediation procedures or the due process procedures, in order to obtain agreement or a ruling that the services may be provided to the student;

      2. Will not be considered to be in violation of the requirement to make available a FAPE to the student for the failure to provide the student with the special education and related services for which WSD requests consent; and

      3. Is not required to convene an IEP Team meeting or develop an IEP for the student for the special education and related services for which WSD requests such consent.

    4. If, at any time subsequent to the initial provision of special education and related services, the parent(s) of a student or adult student revokes consent in writing for the continued provision of special education and related services, WSD:

      1. May not continue to provide special education and related services to the student but must provide prior written notice in accordance with Rules IV.D. before ceasing the provision of special education and related services;

      2. May not use the procedures in Rules IV., including the mediation procedures or the due process procedures, in order to obtain agreement or a ruling that the services may be provided to the student;

      3. Will not be considered to be in violation of the requirement to make available a FAPE to the student for the failure to provide the student with the special education and related services for which WSD requests consent; and

      4. Is not required to convene an IEP Team meeting or develop an IEP for the student for the special education and related services for which WSD requests such consent (34 CFR § 300.300; Rules II.C.2.d.(4)).

  3. Parental consent for reevaluations.

    1. WSD must obtain informed parental or adult student consent prior to conducting any reevaluation of a student with a disability.

    2. If the parent or adult student refuses to consent to the reevaluation, WSD may, but is not required to, pursue the reevaluation by using the dispute resolution procedures provided in the procedural safeguards, and including mediation or due process procedures.

    3. WSD does not violate its obligation under child find if it declines to pursue the reevaluation.

    4. The informed parental or adult student consent need not be obtained if WSD can demonstrate that:

      1. It made reasonable efforts to obtain such consent; and
      2. The student's parent or the adult student has failed to respond.

  4. Other consent requirements.

    1. Parental or adult student consent is not required before:

      1. Reviewing existing data as part of an evaluation or a reevaluation; or

      2. Administering a test or other evaluation that is administered to all students unless consent is required for all students before administration of that test or evaluation.

    2. WSD may not use a parent's or adult student’s refusal to consent to one service or activity under Rules II.C.1., II.C.2., or II.C.3., to deny the parent or student any other service, benefit, or activity of [DISTRICT], except as required by this part.

    3. To meet the reasonable efforts requirement in Rules II.C.1.a.2., II.C.1.b.1., II.C.2.b., and II.C.3.d.1., [DISTRICT] must document its attempts to obtain parental or adult student consent using the procedures in Rules III.G.3.

    4. Unless parent(s) or the adult student revoke consent for special education and related services or refuse consent for initial placement, disagreements regarding the provision of IEP services should be resolved by the IEP Team and result in a completed IEP which includes all components necessary for the provision of a FAPE.

II.D.     INITIAL EVALUATION (34 CFR § 300.301; Rules II.D.)

  1. WSD must conduct a full and individual initial evaluation to determine whether a student is a “student with a disability” under Part B of the IDEA and the Rules, and to determine the educational needs of the student.

  2. The initial evaluation:

    1. Must be conducted within 45 school days of receiving parental or adult student consent for the evaluation, unless:

      1. The initial evaluation is requested by the Division of Child and Family Services (DCFS) and WSD obtains appropriate consent for the evaluation, in which case WSD shall provide an initial special education evaluation to an individual who enters DCFS custody if DCFS suspects the individual may be an eligible student within 30 days after the day on which DCFS makes the request (53E-7-207).

        1. WSD may refuse to conduct an evaluation described in II.D.2.a.(1) if WSD reviews the relevant data regarding the individual and, within 10 days after the day on which WSD received the request described in II.D.2.a.(1), gives the DCFS prior written notice of refusal to evaluate.

    2. Must consist of procedures to determine:

      1. If the student is a student with a disability; and

      2. The educational needs of the student.

  3. The timeframe shall not apply to WSD if:

    1. The parent of a student repeatedly fails or refuses to produce the student for the evaluation; or

    2. The adult student repeatedly fails or refuses to participate in evaluation activities; or

    3. A student enrolls in WSD after the relevant timeframe has begun, and prior to a determination by the student’s previous LEA as to whether the student is a student with a disability.

    4. The exception in Rule II.D.3.c. applies only if WSD is making sufficient progress to ensure a prompt completion of the evaluation, and the parent or adult student and [DISTRICT] agree to a specific time when the evaluation will be completed.

II.E.     SCREENING FOR INSTRUCTIONAL PURPOSES (34 CFR § 300.302; Rules II.E.)

The screening of a student 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. Results of screenings should be considered by [DISTRICT] for child find purposes.

II.F.      EVALUATION PROCEDURES (34 CFR § 300.304; Rules II.F.)

WSD has established and implemented the following procedures that meet the evaluation requirements of Part B of the IDEA and the Rules as follows:

  1. In conducting the evaluation, WSD must:

    1. Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student, including information provided by a parent or adult student, that may assist in determining:

      1. Whether the student is a student with a disability; and

      2. The content of the student’s IEP, including information related to enabling the student to be involved in and progress in the general education curriculum;

    2. Not use any single procedure as the sole criterion for determining whether a student is a student with a disability and for determining an appropriate educational program for the student; and

    3. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. WSD must consider the publication date and continued validity of assessments in use when new editions are published.

    4. WSD must ensure that assessments and other evaluation materials used to assess a student:

      1. Are selected and administered so as not to be discriminatory on a racial or cultural basis;

      2. Are provided and administered in the student’s native language or other mode of communication, and in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;

      3. Are selected to assess the specific areas of concern identified by the assessment/evaluation team, including the parent(s) or adult student;

      4. Are used for the purposes for which the assessments or measures are valid and reliable;

      5. Are selected and administered by trained and knowledgeable personnel based upon the specific assessment’s requirements; and

      6. Are administered and interpreted in accordance with any instructions and administrator requirements provided by the producer of the assessments and the Standards for Educational and Psychological Testing (AERA, APA, NCME, 2014).

        1. WSD must ensure and document that all evaluators meet the assessment publishers’ administrator/interpreter/user requirements, (e.g., appropriate degree, higher education coursework in tests and measures, and supervised clinical experiences/practice).

        2. WSD shall provide documentation to USBE staff upon request.

    5. WSD must ensure that:

      1. Assessments 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.

      2. Assessments are selected and administered so as best to ensure that if an assessment is administered to a student with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the student’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

      3. The administration of psychological testing and the evaluation or assessment of personal characteristics, such as intelligence (e.g., cognitive, IQ), personality, abilities, interests, aptitudes, and neuropsychological functioning are only administered and interpreted by personnel who have been trained and fully meet the administrator/interpreter/user qualifications of the test publisher (e.g., appropriate degree, higher education coursework in tests and measures, and supervised clinical experiences/practica).

      4. The student 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.

      5. Assessments of students with disabilities who transfer from another LEA to WSD in the same school year are coordinated with those students’ prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.

      6. In evaluating each student with a disability, the evaluation is sufficiently comprehensive to identify all the student’s special education and related services needs, whether or not commonly linked to the disability category in which the student has been classified.

      7. Assessment tools and strategies provide relevant information that directly assists persons in determining the educational needs of the student are provided.

  2. The Utah Schools for the Deaf and the Blind (USDB) is available to LEAs for assessments of students with visual impairment and hearing loss, as well as professional learning on appropriate administration of assessments, and procedures to ensure appropriate interpretation of assessments (R277-800-7). The Utah Department of Health shall provide diagnostic and evaluation services, which are required by State or Federal law but are not typically otherwise provided by school districts and charter schools, to students with disabilities.

II.G.     REEVALUATION PROCEDURES (34 CFR § 300.303; Rules II.G.)

  1. WSD must ensure that a reevaluation of each student with a disability is conducted:

    1. If WSD determines the educational or related services needs, including improved academic achievement and functional performance, of the student warrant a reevaluation; or

    2. If the student’s parents or adult student or teacher requests a reevaluation.

  2. A reevaluation:

    1. May occur not more than once a year, unless the parent(s) or adult student and WSD agree otherwise; and

    2. Must occur at least once every three years, unless the parent(s) or adult student and WSD agree that a reevaluation is unnecessary as there are data available to continue eligibility and determine the educational needs of the student. When the parent(s) or adult student and LEA agree that a reevaluation is unnecessary, the team must document data reviewed and used in an evaluation report and complete an eligibility determination.

II.H.     ADDITIONAL REQUIREMENTS FOR INITIAL EVALUATIONS AND REEVALUATION PROCEDURES (34 CFR § 300.305; Rules II.H.)

  1. As part of any initial evaluation (if appropriate) and as part of any reevaluation, the IEP Team and other qualified professionals, as appropriate, must:

    1. Review existing evaluation data on the student, including:

      1. Evaluations and information provided by the parent(s) of the student or the adult student;

      2. Current classroom-based, local, or State assessments, and classroom-based observations; and

      3. Observations by teachers and related services providers; and

    2. On the basis of that review, and input from the student’s parent(s) or the adult student, identify what additional data, if any, are needed to determine:

      1. Whether the student is a student with a disability and the educational needs of the student; or, in the case of a reevaluation of a student, whether the student continues to have such a disability, and the educational needs of the student;

      2. The present levels of academic achievement and related developmental needs of the student;

      3. Whether the student needs special education and related services; or, in the case of a reevaluation of a student, whether the student continues to need special education and related services; and

      4. Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general education curriculum.

  2. The IEP Team and other qualified professionals, as appropriate, may conduct its review of existing data without a meeting.

  3. WSD must administer such assessments and other evaluation measures as may be needed to produce the data needed to determine continuing eligibility.

  4. If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the student continues to be a student with a disability and to determine the student’s educational needs, WSD must notify the student’s parent(s) or adult student of:

    1. That determination and the reason(s) for the determination; and

    2. The right of the parent(s) or adult student to request an assessment to determine whether the student continues to be a student with a disability, and to determine the student’s educational needs.

  5. WSD is not required to conduct the assessment for reevaluation described in Rules II.H.4.b. unless requested to do so by the student’s parent(s) or the adult student.

  6. Evaluations before change in eligibility.

    1. WSD must evaluate a student with a disability before determining that the student is no longer a student with a disability.

    2. The evaluation is not required before the termination of a student’s eligibility due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a FAPE under State law (i.e., age 22).

    3. For a student whose eligibility terminates due to graduation from secondary school with a regular high school diploma or due to exceeding the age eligibility for a FAPE under State law, WSD must provide the student with a summary of the student’s academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student’s postsecondary goals.

II.I.       DETERMINATION OF ELIGIBILITY (34 CFR § 300.306; Rules II.I.)

  1. Upon completion of the administration of assessments and other evaluation measures, a group of qualified professionals and the parents of the student or the adult student determine eligibility under Part B of the IDEA and the Rules, including:

    1. Whether that student is a student with a disability, and

    2. The educational needs of the student.

  2. WSD shall provide the parent(s) or adult student with a copy of the evaluation report and the documentation of determination of eligibility.

  3. A student must not be determined to be a student with a disability:

    1. If the determinant factor for that determination is:

      1. Lack of appropriate instruction in reading, including the essential components of reading instruction (phonemic awareness, alphabetic principle, vocabulary, comprehension, and fluency);

      2. Lack of appropriate instruction in mathematics; or

      3. Limited English proficiency; and

      4. If the student does not otherwise meet the eligibility criteria.

  4. Procedures for determining eligibility and educational need.

    1. In interpreting evaluation data for the purpose of determining if a student is a student with a disability and the educational needs of the student, WSD must:

      1. Draw upon information from a variety of sources, such as aptitude and achievement tests, parent or adult student input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior; and

      2. Ensure information obtained from all these sources is documented and carefully considered.

    2. If a determination is made that a student has a disability and needs special education and related services, an IEP must be developed for the student within 30 calendar days.

II.J.      CATEGORICAL DEFINITIONS, CRITERIA, AND ASSESSMENTS (34 CFR § 300.8; Rules II.J.)

WSD has adopted the criteria and evaluation procedures, by category, for determining eligibility for a student with disabilities under Part B of the IDEA and the Rules II.J.1-13. Including:

  1. Specific Learning Disabilities (Rules II.J.10.).

    1. Definition (34 CFR § 300.8(C)(10); Rules II.J.10.a.).

      Specific Learning Disabilities means 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 the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia, that affects a student’s educational performance.

      Specific learning disabilities does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of intellectual disability; of emotional disturbance; or of environmental, cultural, or economic disadvantage.

    2. Procedures for Identifying Students with Specific Learning Disabilities (34 CFR § 300.307; Rules II.J.10.b.).

      1. WSD has adopted the following method for determining a student’s eligibility under the specific learning disability category:

        1. A Combination method of:

          1. A process based on the student’s response to scientific, research-based intervention called the Response to Intervention (RtI) method which shows the student does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in Rule II.J.10.b.(3)(a); and

          2. A discrepancy analysis which identifies that the student’s scores demonstrate that a severe discrepancy exists between the student’s intellectual ability and academic achievement in one or more of the areas identified in Rules II.J.10.b.(3)(a) which indicates the student exhibits a disability using a combination of both the RtI and a discrepancy analysis (the team must refer to the USBE Specific Learning Disability Eligibility Guidelines when using this method).

      2. Additional team members (34 CFR § 300.308; Rules II.J.10.b.2.)

        The determination of whether a student suspected of having a specific learning disability is a student with a disability must be made by the student’s parent(s) or adult student and a team of qualified professionals, which must include:

        1. The student’s regular teacher; or

        2. If the student does not have a regular teacher, a regular classroom teacher qualified to teach a student of his/her age; or

        3. For a student of less than school age; an individual qualified by the USBE to teach a student of his/her age; and

        4. At least one person qualified to conduct individual diagnostic examinations of students and interpret the results of those assessments (as per the publisher’s assessment administration criteria), such as a school psychologist, speech-language pathologist, reading teacher or reading specialist, or special education teacher.

      3. Determining the existence of a specific learning disability (34 CFR § 300.309; Rules II.J.10.b.3.)

        The team described may determine that a student has a specific learning disability if:

        1. The student does not achieve adequately for the student’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 student’s age or State-approved grade-level standards:

          1. Oral expression;

          2. Listening comprehension;

          3. Written expression;

          4. Basic reading skills;

          5. Reading fluency skills;

          6. Reading comprehension;

          7. Mathematics calculation;

          8. Mathematics problem solving.

        2. The group determines that its findings are not primarily the result of:

          1. A visual, hearing, or motor disability;

          2. Intellectual disability;

          3. Emotional disturbance;

          4. Cultural factors;

          5. Environmental or economic disadvantage; or

          6. Limited English proficiency.

      4. The specific learning disability must adversely affect the student’s educational performance.

      5. The student with the specific learning disability must need special education and related services (34 CFR § 300.8(a); Rules II.J.10.b.5.)

      6. The team must determine that the specific learning disability is the student’s primary disability.

    3. Evaluation (34 CFR § 300.309(b)–(c); Rules II.J.10.c.)

      1. An evaluation must include a variety of assessment tools and strategies and cannot rely on any single procedure as the sole criterion.

      2. To ensure underachievement in a student 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:

        1. Data that demonstrate that prior to, or as a part of, the referral process, the student was provided appropriate instruction in regular education settings, delivered by qualified personnel; and

        2. Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the student’s parent(s) or the adult student.

      3. WSD must promptly request parental consent or consent of the adult student to evaluate the student to determine if the student needs special education and related services, and must adhere to the 45-school-day evaluation timeframe, unless extended by mutual written agreement of the student’s parent(s) or adult student and a group of qualified professionals:

        1. If, prior to a referral, a student has not made adequate progress after an appropriate period of time as determined by [DISTRICT] when provided appropriate instruction, and

        2. Whenever a student is referred for an evaluation.

      4. Observation (34 CFR § 300.310(a)–(c); Rules II.J.10.b.4.)

        WSD must ensure the student is observed in the student’s learning environment (including the regular classroom setting) to document the student’s academic performance and behavior in the areas of concern.

        1. The team must decide to:

          1. Use information from an observation in routine classroom instruction and monitoring of the student’s performance that was done before the student was referred for an evaluation; or

          2. Have at least one member of the team conduct an observation of the student’s academic performance in the regular classroom after the student has been referred for an evaluation and parental consent or consent of the adult student is obtained.

        2. If the student is a home-schooled student, [DISTRICT] may determine how to conduct the observation and who will conduct it.

        3. In the case of a student of less than school age or who is out of school, a group member must observe the student in an environment appropriate for a student of that age.

      5. Specific documentation for the eligibility determination (34 CFR § 300.311; Rules II.J.10.b.5.)

        The team’s documentation of the determination of eligibility with a specific learning disability must contain a statement of:

        1. Whether the student has a specific learning disability;

        2. The basis for making the determination;

        3. The relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student’s academic functioning;|

        4. The educationally relevant medical findings, if any; and

        5. Whether the student meets the criteria below.

        6. Combination (RtI and discrepancy analysis). Does not make sufficient progress to meet State-approved age- or grade-level standards when using a process based on the student’s response to scientific evidence-based interventions and obtains scores that demonstrate that a severe discrepancy exists between the student’s academic achievement and intellectual ability in one or more of the areas of specific learning disability.

          1. WSD has a process that assesses a student’s response to scientific, research-based intervention as part of determining if the student has a specific learning disability. This process must include:

          2. High quality research-based instruction delivered by qualified staff in the general education setting; and

          3. Assessment of student performance that specifically includes universal screening and progress-monitoring; and

          4. Multiple tiers of evidence-based interventions to address individual student difficulties; and

          5. Documentation of systematic and regular parent, adult student, and/or family involvement and communication as well as notification about:

            1. The State’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided (the team must refer to the USBE Specific Learning Disability Eligibility Guidelines when using this method);

            2. Strategies for increasing the student’s rate of learning; and

            3. The parent’s(s’) or the adult student’s right to request an evaluation; and

          6. System supports (e.g., leadership, problem-solving, data management systems, coaching and collaboration, professional learning, and measures of fidelity) in place to ensure effective implementation; or

          7. The instructional strategies used and the student-centered data collected.

          8. The team must document that the student’s performance on a standardized, norm-referenced, individually administered achievement measure in the area of the suspected disability, and

          9. That the student scored above the intellectual disability range on a standardized, norm-referenced, individually administered measure of intellectual ability, and

            1. The comparison of the standard scores on the tests of achievement and intellectual ability using an LEA board-approved and USBE-reviewed discrepancy analysis. The team must document consideration of the discrepancy analysis and the team’s determination of whether or not it represents a severe discrepancy.

      6. 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 student’s achievement level;

      7. The requirements of Rules II.D.–H. must be met.

      8. Each team member must certify in writing whether the report reflects the member’s conclusion (34 CFR § 300.311(b)). If it does not reflect the member’s conclusion, the team member must submit a separate statement presenting the member’s conclusions.

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