1. (a) Upon completing the administration of tests and other evaluation measures:

   1. (1) Within thirty (30) calendar days, an evaluation/programming conference must be conducted;

   2. (2) A group of qualified professionals and the parent of the child must determine:

      1. (A) Whether the child is a child with a disability, as defined in 34 C.F.R. § 300.8, in accordance with 6 CAR § 130-609; and
      2. (B) The educational need of the child; and
   3. (3) The public agency must provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.

2. (b) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part:

   1. (1) If the determinant factor for that determination is:

      1. (A) Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in Section 1208(3) of the Every Student Succeeds Act);
      2. (B) Lack of appropriate instruction in math; or
      3. (C) Limited English proficiency; and
   2. (2) If the child does not otherwise meet the eligibility criteria under 34 C.F.R. § 300.8(a).

3. (c) Procedures for determining eligibility and educational need.

   1. (1) In interpreting evaluation data for the purpose of determining if a child is a child with a disability under 34 C.F.R. § 300.8, and the educational needs of the child, each public agency must:

      1. (A) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child’s:

4. (i) Physical condition;

   1. (ii) Social or cultural background; and

      1. (iii) Adaptive behavior; and
      2. (B) Ensure that information obtained from all of these sources is documented and carefully considered.
   2. (2) If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with 34 C.F.R. §§ 300.320 – 300.324.

Codification Notes: The Every Student Succeeds Act is codified at 20 U.S.C. § 6301 et seq.