NC 1503-3.4 Observation

Plain English summary

This regulation requires LEAs to collect observational data in a child's learning environment as part of determining whether a child has a specific learning disability. The IEP Team must use relevant observation data from instructional and intervention settings, including at least one systematic observation conducted after referral and parental consent. Special provisions apply for English Learners, children below school age, and children placed outside the LEA.

Key requirements

• The LEA must ensure that observational data is collected in the child's learning environment (including core instruction and the setting in which the child received intervention).
• Observational data must document the child's academic achievement, functional performance and behavior in the area(s) of difficulty.
• Observational data must assist in the documentation that appropriate instruction was provided, and that evidence-based interventions were delivered.
• The IEP Team must use relevant observation data regarding instructional, curricular, and/or environment areas addressed to support appropriate instruction of all students that was completed before the child was referred for an evaluation, or as part of the evaluation.
• The IEP Team must use relevant observation data collected within the setting in which the child receives intervention to support effective evidence-based intervention delivery.
• The person(s) responsible for collecting the observational data of evidence-based intervention must have specific content knowledge of the curriculum and/or behavioral area that is targeted for the intervention.
• The IEP Team must use information from at least one systematic observation, conducted by a member of the group described in NC 1503-2.7(a)(1), of the child's academic performance during routine classroom instruction after the child has been referred for an evaluation and parental consent is obtained.
• For English Learners (ELs), at least one of the individuals conducting the observation(s) must be a person knowledgeable about instruction for ELs, as well as any pertinent cultural and/or linguistic characteristics of the individual child.
• In the case of a child of less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age.
• In the case of a school-age child who is in a placement outside of the local education agency (LEA), a team member must observe the child in the child's current educational environment.

Affected parties

• Local Education Agencies (LEAs)
• IEP Teams
• Children referred for specific learning disability evaluation
• English Learners (ELs)
• Children below school age
• Out-of-school children
• School-age children placed outside the LEA
• Observers/evaluators with content knowledge
• Parents/guardians

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=74