NC 1503-2.7 Determination of Eligibility

Plain English summary

This regulation establishes the process by which a group of qualified professionals and a parent jointly determine whether a child qualifies as a child with a disability and identifies the child's educational needs following completion of assessments. It prohibits a disability determination when the sole determinant factor is lack of reading or math instruction or limited English proficiency. If a child is found eligible, an IEP must be developed in accordance with related NC policies.

Key requirements

• A group of qualified professionals and the parent determines whether the child is a child with a disability as defined in NC 1500-2.4
• The LEA provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent
• A child must not be determined to be a child with a disability under these Policies if the determinant factor for that determination is lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA as such section was in effect on the day before the date of enactment of Every Student Succeeds Act (December 9, 2015))
• A child must not be determined to be a child with a disability under these Policies if the determinant factor for that determination is lack of appropriate instruction in math
• A child must not be determined to be a child with a disability under these Policies if the determinant factor for that determination is limited English proficiency
• The LEA must draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior
• The LEA must ensure that information obtained from all of these sources is documented and carefully considered
• If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with NC 1503-4.1 through NC 1503-5.1

Affected parties

• Students being evaluated for disability status
• Parents or guardians of children being evaluated
• Local Education Agencies (LEAs)
• Qualified professionals conducting evaluations
• Children with limited English proficiency
• Children with potential reading or math instruction deficiencies

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=73