WAC 392-172A-03040. Determination of eligibility

(1) Upon completion of the administration of assessments and other evaluation measures: (a) A group of qualified professionals and the parent of the student determine whether the student is eligible for special education services and the educational needs of the student; and (b) The school district must provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent. (2)(a) A student must not be determined to be eligible for special education services if the determinant factor is: (i) Lack of appropriate instruction in reading, based upon the state's grade level standards; (ii) Lack of appropriate instruction in math; or (iii) Limited English proficiency; and (b) If the student does not otherwise meet the eligibility criteria including presence of a disability, adverse educational impact and need for specially designed instruction. (3) In interpreting evaluation data for the purpose of determining eligibility for special education services, each school district must: (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) Ensure that information obtained from all of these sources is documented and carefully considered. (4) If a determination is made that a student is eligible for special education services, an IEP must be developed for the student in accordance with WAC 392-172A-03090 through 392-172A-03135 .