Upon completion of the administration of assessments and other evaluation measures a group of qualified professionals and the parent of the child determines whether the child is a child with a disability and the educational needs of the child 34 CFR 300.306(a)(1).
What We Do
There is a two-part test for determining whether a student is eligible for special education services:(1) a student must have a disability, and(2) as a result of the disability, the student must need special education services to benefit from education.
In Texas, an ARD/IEP Committee makes decisions about eligibility. Within 30 calendar days of completing the Full & Individual Evaluation (FIE), the ARD/IEP Committee must meet to review the written report and determine whether the student is eligible for special education services. A copy of the FIE must be given to the parent at no cost.
A child must not be determined by the ARD/IEP Committee to be a child with a disability if the determinant factor for such determination is:
- Lack of appropriate instruction in reading, including in the essential components of reading instruction as defined in the Elementary and Secondary Education Act (IDEA) which means explicit and systematic instruction in (a) Phonemic Awareness, (b) Phonics, (c) Vocabulary Development, (d) Reading Fluency, including oral reading skills, and (e) Reading Comprehension Strategies
- Lack of appropriate instruction in math
- Limited English Proficiency
Not all struggling learners have a disability. In these situations, the campus-based support team may meet and recommend other services or programs in general education to help the student. In the Multi-Tiered System of Support (MTSS) / Response to Intervention (RtI) process, the campus-based support team may recommend additional interventions available to non-disabled students.
If the FIE shows that the student has a disability, the ARD/IEP Committee must then decide whether the student needs special education services to benefit from education. If the student does not have an educational need for special education services, he or she is not eligible for any such services.
If it is determined, through an appropriate evaluation under the full and individual evaluation frameworks, that a child has one of the disabilities but only needs a related service and not special education, the child is not a child with a disability under the Individuals with Disabilities Education Act.