§ 300.311 Specific documentation for the eligibility determination.

Plain English summary

This section specifies the required content of eligibility documentation for children suspected of having a specific learning disability. The written report must include statements on the child's SLD status, basis for determination, behavioral observations, medical findings, achievement and progress data, exclusionary factors, and RTI-related documentation if applicable. Each group member must certify in writing whether the report reflects their conclusion, with the option to submit a dissenting statement.

Key requirements

• The documentation of the determination of eligibility must contain a statement of whether the child has a specific learning disability
• The documentation must contain the basis for making the determination, including an assurance that the determination has been made in accordance with § 300.306(c)(1)
• The documentation must contain the relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning
• The documentation must contain the educationally relevant medical findings, if any
• The documentation must contain whether the child does not achieve adequately for the child's age or to meet State-approved grade-level standards consistent with § 300.309(a)(1)
• The documentation must contain whether the child does not make sufficient progress to meet age or State-approved grade-level standards consistent with § 300.309(a)(2)(i), or exhibits a pattern of strengths and weaknesses consistent with § 300.309(a)(2)(ii)
• The documentation must contain the determination of the group concerning the effects of a visual, hearing, motor disability, or an intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child's achievement level
• If the child has participated in a process that assesses the child's response to scientific, research-based intervention, the documentation must include the instructional strategies used and the student-centered data collected
• If the child has participated in an RTI process, the documentation must include documentation that the child's parents were notified about the State's policies regarding student performance data collection and general education services, strategies for increasing the child's rate of learning, and the parents' right to request an evaluation
• Each group member must certify in writing whether the report reflects the member's conclusion
• If the report does not reflect a group member's conclusion, the group member must submit a separate statement presenting the member's conclusions

Affected parties

• children suspected of having a specific learning disability
• parents of children suspected of having a specific learning disability
• local educational agencies (LEAs)
• eligibility determination group members
• state educational agencies (SEAs)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.311