NC 1503-3.5 Specific Documentation for the Eligibility Determination

Plain English summary

This regulation specifies the required documentation components that must be included when an eligibility group determines whether a child has a specific learning disability. It mandates detailed written statements covering academic data, medical findings, exclusionary factors, and the child's response to evidence-based intervention. Each group member must individually certify in writing whether the report reflects their conclusions, with dissenting members required to submit separate statements.

Key requirements

• The documentation of the determination of eligibility must include a statement of whether the child has a specific learning disability
• The basis for making the determination, including an assurance that the determination has been made in accordance with NC 1503-2.7(c)(1)
• The relevant academic, functional and behavioral data collected, during the observations of the child in relationship to the child's academic functioning
• The educationally relevant medical findings, if any
• The determination of the group concerning the effects of Limited English Proficiency or lack of appropriate instruction in reading or math on the child's achievement level
• The determination of the group concerning the effects of a visual, hearing, or motor disability; intellectual disability; emotional disability; cultural factors; environmental or economic influences; or loss of instructional time due to factors such as absences, tardies, high transiency rates and disciplinary removals on the child's achievement level
• Whether the child is demonstrating either a lack of response to instruction and intervention or is responding at a rate that is insufficient to reduce their risk of failure after an appropriate period of time
• The instructional strategies used, and the student-centered data collected
• Documentation that the child's parents were notified about the State's policies regarding the amount and nature of student performance data collected and the general education services that would be provided
• Documentation that the child's parents were notified about strategies for increasing the child's rate of learning
• Documentation that the child's parents were notified about the parent's right to request an evaluation
• Each group member shall certify in writing whether the report reflects his or her conclusion
• If the report does not reflect a group member's conclusion, the group member must submit a separate statement presenting his or her conclusions

Affected parties

• Students suspected of having a specific learning disability
• Parents of children undergoing SLD eligibility evaluations
• Eligibility determination group members
• Special education evaluators
• General education teachers participating in eligibility groups
• Local education agencies (LEAs)
• Children with Limited English Proficiency
• Children with visual, hearing, or motor disabilities under evaluation

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=75