3.03 Procedures for Determining Eligibility and Placement

Legal Citations

A. In interpreting the evaluation data for the purpose of determining if a child is a pupil with a disability under parts 3525.1325 to 3525.1350 and the educational needs of the child, the school district shall:

(1) draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior; and

(2) ensure that the information obtained from all of the sources is documented and carefully considered.

B. If a determination is made that a child is a pupil with a disability who needs special education and related services, an IEP must be developed for the pupil according to part 3525.2810. Minn. R. 3525.2710, subp. 5.

Each district shall ensure that:

(8) tests are selected and administered so as best to ensure that if a test is administered to a child with impaired sensory, manual, or speaking skills, the test 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 impaired sensory, manual, or speaking skills, unless those skills are the factors that the test purports to measure. Minn. R. 3525.2710, subp. 3(C)(8).

3.03.01 Determining the Child is a Child With a Disability

Legal Citations

Upon completion of the administration of assessments and other evaluation measures -

(1) A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined in § 300.8, in accordance with paragraph (b) of this section and the educational needs of the child; and

(2) The public agency provides a copy of the evaluation report and the documentation of determination of eligibility to the parent. 34 C.F.R. § 300.306(a).

A child must not be determined to be a child with a disability under this part -

(1) If the determinant factor for that determination is -

(i) Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA);

(ii) Lack of appropriate instruction in math; or

(iii) Limited English proficiency; and

(2) If the child does not otherwise meet the eligibility criteria under § 300.8(a). 34 C.F.R. § 300.306(b).

In making a determination of eligibility under item D, a child shall not be determined to be a pupil with a disability if the determinant factor for such determination is lack of instruction in reading or math or limited English proficiency, and the child does not otherwise meet eligibility criteria under parts 3525.1325 to 3525.1350. Minn. R. 3525.2710, subp. 3(E).

Child with a disability means a child evaluated in accordance with §§ 300.304 through 300.311 as having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), serious emotional disturbance (referred to in this part as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. 34 C.F.R. § 300.8(a)(1).

(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under §§ 300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.

(ii) If, consistent with § 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section. 34 C.F.R. § 300.8(a)(2).

Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five) may, subject to the conditions described in § 300.111(b), include a child -

(1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(2) Who, by reason thereof, needs special education and related services. 34 C.F.R. § 300.8(b).

Every child who has a hearing impairment, visual disability, speech or language impairment, physical impairment, other health impairment, mental impairment, emotional/behavioral disorder, specific learning disability, autism, traumatic brain injury, multiple disabilities, or deaf-blind disability and needs special instruction and services, as determined by the standards of the commissioner, is a child with a disability.

In addition, every child under age three, and at local district discretion from age three to age seven, who needs special instruction and services, as determined by the standards of the commissioner, because the child has a substantial delay or has an identifiable physical or mental condition known to hinder normal development is a child with a disability. Minn. Stat. § 125A.02, subd. 1.

In interpreting the evaluation data for the purpose of determining if a child is a pupil with a disability under parts 3525.1325 to 3525.1350 and the educational needs of the child, the school district shall:

(2) ensure that the information obtained from all of the sources is documented and carefully considered. Minn. R. 3525.2710, subp. 5(A).

3.03.02 Determining the Child is Not a Child With a Disability

Legal Citations

(1) Except as provided in paragraph (e)(2) of this section, a public agency must evaluate a child with a disability in accordance with §§ 300.304 through 300.311 before determining that the child is no longer a child with a disability.

(2) The evaluation described in paragraph (e)(1) if this section is not required before the termination of a child's eligibility under this part due to graduation from secondary school with a regular diploma, or exceeding the age eligibility for FAPE under State law.

(3) For a child whose eligibility terminates under circumstances described in paragraph (e)(2) of the this section, a public agency must provide the child wit ha 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. 34 C.F.R. § 300.305(e).

A child with a short-term or temporary physical or emotional illness or disability, as determined by the standards of the commissioner, is not a child with a disability. Minn. Stat. § 125A.02, subd. 2.

3.03.03 Infants and Toddlers with Disabilities

Legal Citations

(a) As used in this part, infants and toddlers with disabilities means individuals from birth through age two who need early intervention services because they --

(1) Are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the following areas: (i)cognitive development.

(ii) physical development including vision and hearing.

(iii) communication development.

(iv) social or emotional development.

(v) adaptive development; or

(2) Has a diagnostic physical or mental condition that has a high probability of resulting in developmental delay.

(b) The term may also include, a State's discretion children from birth through age two who are at-risk of having substantial developmental delays if early intervention services are not provided. 34 C.F.R. § 303.16.

Every child who has a hearing impairment, visual disability, speech or language impairment, physical handicap, other health impairment, mental handicap, emotional/behavioral disorder, specific learning disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability and needs special instruction and services, as determined by the standards of the commissioner, is a child with a disability. In addition, every child under age three, and at local district discretion from age three to age seven, who needs special instruction and services, as determined by the standards of the commissioner, because the child has a substantial delay or has an identifiable physical or mental condition known to hinder normal development is a child with a disability. Minn. Stat. § 125A.02, subd. 1.

3.03.04 Children Experiencing Developmental Delays

Legal Citations

(i) A State that adopts a definition of developmental delay under § 300.8(b) determines whether the term applies to children aged three through nine, or to a subset of that age range (e.g., ages three through five).

(ii) A State may not require an LEA to adopt and use the term developmental delay for any children within its jurisdiction.

(iii) If an LEA uses the term developmental delay for children described in § 300.8(b), the LEA must conform to both the State's definition of that term and to the age range that has been adopted by the State.

(iv) If a State does not adopt the term developmental delay, an LEA may not independently use that term as a basis for establishing a child's eligibility under this part. 34 C.F.R. § 300.111(b).