Documentation for the Determination of Eligibility

For a student suspected of having a specific learning disability, the documentation of the determination of eligibility must contain a statement specifying —

• Whether the student has a specific learning disability;
• The basis for making the determination, including an assurance that the determination has been made in accordance with the state criteria;
• The relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student’s academic functioning;
• The educationally relevant medical findings, if any;
• Whether:
• The student does not achieve adequately for the child’s age or meet state-approved grade-level standards consistent with the state criteria;

• The student does not make sufficient progress to meet age- or state-approved grade-level standards consistent with state criteria; or

• The student exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade level standards, or intellectual development consistent with the state criteria;

• The determination of the IEP team concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the student’s achievement level; and
• If the student has participated in a process known as Response to Intervention (RTI), a procedure that assesses the child’s response to scientific, research-based intervention.

The term Response to Intervention (RTI) refers to a tiered process of instruction that allows schools to identify struggling students early and provide appropriate instructional interventions. Additional details pertaining to this process are described elsewhere in this section.