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I2500.07 - Eligibility Determination

Rule: 
  1. Once evaluation is completed, the district will designate an eligibility team to determine whether the child is eligible for special education services.
  2. This team includes:
    1. Two or more professionals, one of whom will be knowledgeable and experienced in evaluating and teaching students with the suspected disability; and
    2. The student’s parent(s).
  3. For consideration of eligibility in the area of specific learning disabilities, the district eligibility team will include:
    1. A group of qualified professionals and the parent;
    2. The child’s regular classroom teacher or, if the child does not have a regular classroom teacher, a regular classroom teacher qualified to teach a child of his or her age, or for a child of less than school age, a preschool teacher; and
    3. A person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist or other qualified professional.
  4. In interpreting evaluation data, each district team will carefully consider and document information from a variety of sources, including but not limited to, aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior and all required elements of the evaluation.
  5. Each eligibility team will prepare a written eligibility statement that includes:
    1. Identification of the evaluation data considered in determining the child’s eligibility, including the required evaluation components for the disability under consideration;
    2. A determination of whether the child meets the minimum evaluation criteria for one or more of the disability categories in Oregon Administrative Rule;
    3. A determination of whether the primary basis for the suspected disability is:
      1. A lack of appropriate instruction in reading (including the essential components of reading) or math; or
      2. Limited English proficiency.
    4. A determination of whether the child’s disability has an adverse impact on the child’s educational performance;
    5. A determination of whether, as a result of the disability, the child needs special education services;
    6. The signature of every team member and an indication of whether each agrees with the eligibility determination;
    7. For a child suspected of having a specific learning disability, additional specific documentation as required by Oregon Administrative Rule.
  6. The team will not find a child eligible as a child with a disability if the determinant factor for that eligibility decision is:
    1. Lack of appropriate instruction in reading, including the essential components of reading instruction or lack of appropriate instruction in math; or
    2. Limited English proficiency; and
    3. The child does not otherwise meet the eligibility criteria found in Oregon Administrative Rule for the category(ies) of disability under consideration.
  7. The team will find a child eligible if the child has a disability and needs special education and related services, even though the child is advancing from grade to grade.
  8. A child may have disabilities in more than one disability category, but the team needs to find the child eligible under only one category.  However, the district will evaluate the child in all areas related to the suspected disability or disabilities, and the child’s IEP will address all of the child’s special education needs.
Policy Category: 
I Instruction
Position Responsible: 
Deputy Superintendent
This Revision Edited by: 
K.C. Clark
Department: 
Instruction 790-7550