HAR §8-60-43. Specific documentation for the eligibility determination

(a) For a student suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in section 8-60-38(a)(2), shall contain a statement of: (1) Whether the student has a specific learning disability; (2) The basis for making the determination, including an assurance that the determination has been made in accordance with section 8-60-38(c)(1); (3) The relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student's academic functioning; (4) The educationally relevant medical findings, if any; (5) Whether: (A) The student does not achieve adequately for the student's age or to meet State-approved grade-level standards consistent with section 8-60-41(a)(1)(A) or the student demonstrates a severe discrepancy between actual achievement and intellectual ability consistent with 8-60-41(a)(1)(B); and (B) (i) The student does not make sufficient progress to meet age or State-approved grade-level standards consistent with section 8-60-41(a)(2)(A); or (ii) The student exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development consistent with section 8-60-41(a)(2)(B); (6) The determination of the group concerning the effects of a visual, hearing, or motor disability; intellectual disability; emotional disability; cultural factors; environmental or economic disadvantage; or limited English proficiency on the student's achievement level; and (7) If the student has participated in a process that assesses the student's response to scientific, research-based intervention: (A) The instructional strategies used and the student-centered data collected; and (B) The documentation that the student's parents were notified about: (i) The State's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided; (ii) Strategies for increasing the student's rate of learning; and (iii) The parents' right to request an evaluation. (b) Each group member shall certify in writing whether the report reflects the member's conclusion. If it does not reflect the member's conclusion, the group member shall submit a separate statement presenting the member's conclusions. [Eff 11/23/09] (Auth: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6), HRS §302A-1112) (Imp: 34 C.F.R. §300.311) 　 SUBCHAPTER 6 Individualized Education Programs AND EDUCATIONAL PLACEMENTS