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

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

Sec. 3. (a) An intellectual disability:

1. (1) is manifested during the developmental period;
2. (2) is characterized by significant limitations in intellectual functioning;
3. (3) is demonstrated through limitations in adaptive behavior; and
4. (4) adversely affects educational performance.

(b) A student with a mild intellectual disability has intellectual functioning that generally:

1. (1) falls two (2) standard deviations below the mean; and
2. (2) manifests delays in adaptive behavior consistent with the mild intellectual disability.

(c) A student with a moderate intellectual disability has intellectual functioning that generally:

1. (1) falls three (3) standard deviations below the mean; and
2. (2) manifests delays in adaptive behavior consistent with the moderate intellectual disability.

(d) A student with a severe intellectual disability has intellectual functioning and adaptive behavior skills that generally:

1. (1) falls four (4) or more standard deviations below the mean; and
2. (2) manifests delays in adaptive behavior consistent with the severe intellectual disability.

(e) Eligibility for special education as a student with an intellectual disability shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

1. (1) An assessment of the following:

   1. (A) Intellectual ability and functioning that must include at least one (1) of the following:

      1. (i) An individually administered norm-referenced assessment.

      2. (ii) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

         1. (AA) has been designed or may be adapted or modified for use with students who have an intellectual disability; and
         2. (BB) is administered by a professional or team of professionals with knowledge of assessment strategies appropriate for the student.
   2. (B) Current academic achievement as defined at 511 IAC 7-32-2.
   3. (C) Functional skills or adaptive behavior across various environments from multiple sources.

2. (2) A social and developmental history that may include, but is not limited to, the following:

   1. (A) Communication skills.
   2. (B) Social interaction skills.
   3. (C) Motor skills.
   4. (D) Responses to sensory experiences.
   5. (E) Relevant family and environmental information.

3. (3) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

   1. (A) determine eligibility for special education and related services; and
   2. (B) inform the student's CCC of the student's special education and related services needs.

(Indiana State Board of Education; 511 IAC 7-41-3; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; filed Mar 18, 2019, 2:33 p.m.: 20190417-IR-511180153FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)