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PDFWAC 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.
[Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-03040, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03040, filed 6/29/07, effective 7/30/07.]
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