Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 6. (a) Upon completion of the educational evaluation, the CCC must be convened to determine the following:

1. (1) Whether the student is eligible for special education and related services.
2. (2) If eligible, the special education and related services necessary to meet the educational needs of the student.

(b) The CCC must not determine that a student is eligible for special education and related services under this article if:

1. (1) the determinant factor is:

   1. (A) lack of appropriate instruction in reading, including the essential components of reading instruction, which means explicit and systematic instruction in:

      1. (i) phonemic awareness;
      2. (ii) phonics;
      3. (iii) vocabulary development;
      4. (iv) reading fluency, including oral reading skills; and
      5. (v) reading comprehension strategies;
   2. (B) lack of appropriate instruction in math; or
   3. (C) limited English proficiency; and
2. (2) a student does not otherwise meet the eligibility criteria under this rule and 511 IAC 7-41.

(c) When determining eligibility for special education and related services, the CCC must:

1. (1) consider all of the information contained in the educational evaluation report; and
2. (2) not rely on any single measure or assessment as the sole criterion for determining eligibility or appropriate educational services.

(d) If the CCC determines that the student only needs a related service, but not special education, the CCC must not determine that the student is eligible for services under this article.

(e) If a determination is made that a student is eligible for special education and related services, an IEP that meets the special education and related service needs of the student must be developed in accordance with 511 IAC 7-42.

(Indiana State Board of Education; 511 IAC 7-40-6; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)