LAC 28:XLIII.307. Determination of Eligibility

A. General. Upon completion of the administration of assessments and other evaluation measures: 1. a group of qualified professionals and the parent of the student shall determine whether the student is a student with a disability, as defined in §905, in accordance with Subsection B of this Section and the educational needs of the student; and 2. the public agency shall provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent. B. Special Rule for Eligibility Determination. A student shall not be determined to be a student with a disability under these regulations: 1. if the determinant factor for that eligibility determination is: a. lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in Section 1208(3) of the ESEA); b. lack of appropriate instruction in math; or c. limited English proficiency; and 2. if the student does not otherwise meet the eligibility criteria as a student with a disability as defined under §905. C. Procedures for Determining Eligibility and Educational Need 1. In interpreting evaluation data for the purpose of determining if a student is a student with a disability as defined in §905, and the educational needs of the student, each public agency shall: 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 student's physical condition, social or cultural background, and adaptive behavior; and b. ensures that information obtained from all of these sources is documented and carefully considered. 2. If a determination is made that a student has a disability and needs special education and related services, an IEP shall be developed for the student in accordance with §§320 through 324.