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10. Provide a special rule for eligibility determination.

A child must not be determined to be a child with a disability under 34 CFR Part 300 if the determinant factor for that determination is lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA);lack of appropriate instruction in math; or limited English proficiency.
[34 CFR 300.306(b)(1)] [20 U.S.C. 1414(b)(5)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. IDEA asserts that a child should not be determined to be a child with a disability if the determinant factor is a lack of appropriate instruction in reading. Why was it necessary to make this distinction between reading difficulties that result from lack of appropriate reading instruction and those that result from disability?

  2. How does the requirement for appropriate instruction align with current eligibility determination practices? What are the implications of this change for schools and students in eligibility determination?

  3. How is special education eligibility determined in your district? How does your eligibility determination address appropriate instruction in reading and math; or limited English proficiency?

Application Questions

  1. What procedures and resources might facilitate more accurate eligibility determinations?

  2. How can schools provide appropriate math and reading instruction, including the essential scientifically-based components of reading for all students?

  3. How will the lack of appropriate instruction in reading and math be determined?
    • How will behavioral challenges impacting the delivery of appropriate reading and math instruction be addressed?
    • What role, if any, might the community play in addressing barriers for these behaviorally challenged students?

  4. What data should be collected and analyzed in the determination of a lack of appropriate instruction?

    These questions were developed by the following stakeholders working together:

    Role: TA Provider
    Location: California

    Role: Teacher
    Location: Florida

    Role: General Education Administrator
    Location: Illinois

    Role: Family Member
    Location: West Virginia

    Role: Related Service Provider

    Role: General Education Administrator
    Location: Wyoming

    Role: Special Education Administrator

    Role: Higher Education
    Location: Indiana

    Role: Related Service Provider
    Location: Kentucky

    Role: Special Education Administrator
    Location: Georgia