ALIGNMENT WITH THE NO CHILD LEFT BEHIND ACT - Statute

9. Establishes a limitation on eligibility determination.
In making a determination of eligibility under Section 614(b)(4)(A) of IDEA, a child shall not be determined to be a child with a disability if the determinant factor for such determination is lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in Section 1208(3) of ESEA); lack of instruction in math; or limited English proficiency. [614(b)(5) of IDEA]

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 is this important in human terms?
    • Why is this important in terms of programs and resources?


  2. 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?


  3. What are the implications of this change in eligibility determination for you and for the system in which you work?


  4. How would you determine a lack of appropriate instruction in reading?


Application Questions

  1. Recall from your experience, a specific eligibility determination.
    • How/when did it begin to begin to be apparent that eligibility may be an issue?
    • How did each party contribute to the eligibility determination?
    • How might new eligibility criteria, such as lack of appropriate reading instruction, served to pre-empt referrals or change the outcome of eligibility determination?



  2. Are there systemic barriers exist within your school system that make good eligibility decisions challenging? What procedures and resources facilitate better eligibility determinations?


  3. How can schools support appropriate reading instruction, including instruction in the essential components of reading?


  4. What preparation do teachers need to effectively understand appropriate reading instruction?
    • What preparation do related services personnel need to effectively understand appropriate reading instruction?
    • What preparation do family members need to effectively understand appropriate reading instruction?
    • What preparation do persons with disabilities need to effectively understand appropriate reading instruction?


  5. With whom do you need to share this information about eligibility determination and essential components of reading instruction?
    • How can you approach them?
    • Why should they listen to your ideas on eligibility determination?


  6. How is eligibility determined in your system?
    • Is it consistent across buildings in your local system/
    • Across districts in your state?


  7. What safeguards need to be in place around eligibility determination?
    • Should the criteria be consistent district-wide and state-wide?




    These questions were developed by the following stakeholders working together:


    Role: Administrator
    Location: Illinois

    Role: Family Member / University Faculty
    Location: Florida

    Role: Family Member
    Location: Michigan

    Role: State Policymaker
    Location: Maryland

    Role: Family Member
    Location: Florida

    Role: Technical Assistance Provider
    Location: District of Columbia

    Role: Family Member
    Location: Delaware

    Role: Policymaker
    Location: Colorado

    Role: Policymaker
    Location: Virginia