Eligibility Areas

 

The State of Indiana defines thirteen eligibility areas.  To receive special education services a student must meet the criteria in at least one area.  Click on a category below for specific information.

 

Autism Spectrum Disorder - Blind or Low Vision - Cognitive Disability - Deaf or Hard of Hearing - Deaf Blind - Developmental Delay (Early Childhood) - Emotional Disability - Language or Speech - Multiple Disabilities - Other Health Impairment - Orthopedic Impairment - Specific Learning Disability - Traumatic Brain Injury

 

The following special education eligibility criteria are from Indiana State Board of Education Special Education Rules Title 511, Article 7, Rules 32 - 47.
For the complete text of Article 7 in English or Spanish, click HERE.
For a plain English explanation of Article 7, "Navigating the Course", click here.

(Adobe Reader is required and is available free HERE.)

 

GENERAL CONSIDERATIONS

511 IAC 7-40-6 Determination of eligibility

Sec. 6. (a) Upon completion of the educational evaluation, the CCC must be convened to determine the following:

(1) Whether the student is eligible for special education and related services.

(2) If eligible, the special education and related services necessary to meet the educational needs of the student.

(b) The CCC must not determine that a student is eligible for special education and related services under this article if:

(1) the determinant factor is:

(A) lack of appropriate instruction in reading, including the essential components of reading instruction, which means explicit and systematic instruction in:

(i) phonemic awareness;

(ii) phonics;

(iii) vocabulary development;

(iv) reading fluency, including oral reading skills; and

(v) reading comprehension strategies;

(B) lack of appropriate instruction in math; or

(C) limited English proficiency; and

(2) a student does not otherwise meet the eligibility criteria under this rule and 511 IAC 7-41.

(c) When determining eligibility for special education and related services, the CCC must:

(1) consider all of the information contained in the educational evaluation report; and

(2) not rely on any single measure or assessment as the sole criterion for determining eligibility or appropriate educational services.

(d) If the CCC determines that the student only needs a related service, but not special education, the CCC must not determine that the student is eligible for services under this article.

(e) If a determination is made that a student is eligible for special education and related services, an IEP that meets the special education and related service needs of the student must be developed in accordance with 511 IAC 7-42.

 

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ELIGIBILITY CRITERIA

 511 IAC 7-41-1 Autism spectrum disorder

Sec. 1. (a) Autism spectrum disorder is a lifelong developmental disability that includes autistic disorder, Asperger's syndrome, and other pervasive developmental disorders, as described in the current version of the American Psychiatric Association's Diagnostic Statistical Manual of Mental Disorders. The disability is generally evident before three (3) years of age and significantly affects verbal, nonverbal, or pragmatic communication and social interaction skills and results in an adverse effect on the student's educational performance. Other characteristics often associated include the following:

(1) Engagement in:

(A) repetitive activities; and

(B) stereotyped movements.

(2) Resistance to:

(A) environmental change; or

(B) change in daily routines.

(3) Unusual responses to sensory experiences.

(b) Autism spectrum disorder does not apply if a student's educational performance is adversely affected primarily by:

(1) an emotional disability;

(2) blindness or low vision;

(3) deaf-blindness; or

(4) a cognitive disability;

unless the characteristics of autism spectrum disorder are demonstrated to a greater degree than is normally attributed to these disabilities.

(c) Eligibility for special education as a student with autism spectrum disorder shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e) and 511 IAC 7-40-5(f), which includes the following:

(1) An assessment of the following:

(A) Current academic achievement as defined at 511 IAC 7-32-2.

(B) Functional skills or adaptive behavior across various environments from multiple sources.

(C) The student's receptive, expressive, pragmatic, and social communication skills that must include at least one (1) of the following:

(i) An individually administered norm-referenced assessment when appropriate for the student.

(ii) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

(AA) has been designed or may be adapted or modified for use with students who have autism spectrum disorder; and

(BB) is administered by a professional or professionals with knowledge of assessment strategies appropriate for the student.

(D) An assessment of motor skills and sensory responses.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(F) Patterns of emotional adjustment.

(G) Unusual or atypical behaviors.

(3) A systematic observation of the student across various environments.

(4) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) exclude the disabilities listed in subsection (b);

(B) determine eligibility for special education and related services; and

(C) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-2 Blind or low vision

Sec. 2. (a) "Blind or low vision", which may be referred to as a visual impairment, means a disability that even with best correction affects the student's ability to use vision for learning, which adversely affects the student's educational performance. The term:

(1) includes a reduced ability or a complete inability to utilize the visual system to acquire information; and

(2) may include or be limited to a reduction in field of vision.

(b) Eligibility for special education as a student who is blind or has low vision shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Current academic achievement as defined at 511 IAC 7-32-2.

(B) Functional skills or adaptive behavior across various environments from multiple sources.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(3) An assessment of the following:

(A) Functional vision.

(B) Functional literacy as described in 511 IAC 7-42-6(c)(5).

(4) A systematic observation of the student across various environments.

(5) An assessment of motor skills, which may include travel skills.

(6) A written report from an optometrist or an ophthalmologist that includes the following:

(A) Etiology and prognosis of the visual dysfunction.

(B) Secondary or accompanying visual conditions, such as nystagmus or photophobia, if appropriate.

(C) Near/distance and corrected/uncorrected acuity measures for left, right, and both eyes, as appropriate.

(D) Measures of visual fields for both eyes, if appropriate.

(E) Recommendations for use of aids, glasses, or lighting requirements, if appropriate.

(7) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-3 Cognitive disability

Sec. 3. (a) A cognitive disability:

(1) is manifested during the developmental period;

(2) is characterized by significant limitations in cognitive functioning;

(3) is demonstrated through limitations in adaptive behavior; and

(4) adversely affects educational performance.

(b) A student with a mild cognitive disability has cognitive functioning that generally:

(1) falls two (2) standard deviations below the mean; and

(2) manifests delays in adaptive behavior consistent with the mild cognitive disability.

(c) A student with a moderate cognitive disability has cognitive functioning that generally:

(1) falls three (3) standard deviations below the mean; and

(2) manifests delays in adaptive behavior consistent with the moderate cognitive disability.

(d) A student with a severe cognitive disability has cognitive functioning and adaptive behavior skills that generally:

(1) falls four (4) or more standard deviations below the mean; and

(2) manifests delays in adaptive behavior consistent with the severe cognitive disability.

(e) Eligibility for special education as a student with a cognitive disability shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Cognitive ability and functioning that must include at least one (1) of the following:

(i) An individually administered norm-referenced assessment.

(ii) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

(AA) has been designed or may be adapted or modified for use with students who have a cognitive disability; and

(BB) is administered by a professional or team of professionals with knowledge of assessment strategies appropriate for the student.

(B) Current academic achievement as defined at 511 IAC 7-32-2.

(C) Functional skills or adaptive behavior across various environments from multiple sources.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(3) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-4 Deaf or hard of hearing

Sec. 4. (a) "Deaf or hard of hearing", which may be referred to as a hearing impairment, means the following:

(1) A disability that, with or without amplification, adversely affects the student's:

(A) ability to use hearing for developing language and learning;

(B) educational performance; and

(C) developmental progress.

(2) The hearing loss may be:

(A) permanent or fluctuating;

(B) mild to profound; or

(C) unilateral or bilateral.

(3) Students who are deaf or hard of hearing may use:

(A) spoken language;

(B) sign language; or

(C) a combination of spoken language and signed systems.

(b) Eligibility for special education as a student who is deaf or hard of hearing shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Current academic achievement as defined at 511 IAC 7-32-2.

(B) Functional skills or adaptive behavior across various environments from multiple sources.

(C) Communication conducted in the:

(i) language or system utilized for the student's instruction; or

(ii) student's preferred mode of communication;

that assesses the student's receptive and expressive language skills.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(3) A written report from an educational or clinical audiologist, otologist, or otolaryngologist with information regarding the:

(A) etiology of the hearing loss; and

(B) student's potential requirement for amplification, if appropriate.

(4) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-5 Deaf-blind

Sec. 5. (a) "Deaf-blind", which may be referred to as dual sensory impaired, means a disability that: (1) is a concomitant hearing and vision loss or reduction in functional hearing and vision capacity;

(2) causes significant communication and adaptive behavior deficits;

(3) adversely affects the student's educational performance; and

(4) cannot be accommodated for by use of a program or service designed solely for students who are:

(A) deaf or hard of hearing; or

(B) blind or have low vision.

(b) Students who are deaf-blind represent a heterogeneous group that includes the following:

(1) Students who are both deaf and blind with:

(A) measured acuities and intellectual and adaptive functioning; or

(B) estimated acuities and intellectual and adaptive functioning supported by a description of pathology.

(2) Students with hearing and visual reductions of a mild to severe degree:

(A) with additional learning or language disabilities that adversely affect educational performance; or

(B) who have been diagnosed with a chronic or degenerative pathology or a disease that may potentially result in deaf-blindness.

(3) Students with generalized central nervous system dysfunction who:

A) exhibit:

(i) auditory and visual impairments; or

(ii) deficits in auditory-visual functioning; and

(B) may demonstrate inconclusive or inconsistent responses:

(i) during hearing and vision assessments; or

(ii) to auditory and visual stimuli in the environment.

(c) A student who is solely deaf-blind is not considered to be a student who has multiple disabilities as defined in section 9 of this rule.

(d) Eligibility for special education as a student who is deaf-blind shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Current academic achievement as defined at 511 IAC 7-32-2.

(B) Functional skills or adaptive behavior across various environments from multiple sources.

(C) Communication conducted in the:

(i) language or system utilized for the student's instruction; or

(ii) student's preferred mode of communication; that assesses the student's receptive and expressive language skills.

(D) Functional vision.

(E) Functional literacy as described in 511 IAC 7-42-6(c)(5).

(2) A systematic observation of the student across various environments.

(3) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(4) An assessment of motor skills, including travel skills.

(5) A written report from an optometrist or an ophthalmologist that includes the following:

(A) Etiology and prognosis of the visual dysfunction.

(B) Secondary or accompanying visual conditions, such as nystagmus or photophobia, if appropriate.

(C) Near/distance and corrected/uncorrected acuity measures for left, right, and both eyes, as appropriate.

(D) Measures of visual fields for both eyes, if appropriate.

(E) Recommendations for use of aids, glasses, or lighting requirements, if appropriate.

(6) A written report from an educational or clinical audiologist, otologist, or otolaryngologist with information regarding the:

(A) etiology and prognosis of the hearing loss; and

(B) student's potential requirement for amplification, if appropriate.

(7) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-6 Developmental delay (early childhood)

Sec. 6. (a) Developmental delay is a disability category solely for students who are at least three (3) years of age and not more than five (5) years of age, or five (5) years of age but not eligible to enroll in kindergarten. Developmental delay means a delay of either two (2) standard deviations below the mean in one (1) of the following developmental areas or one and one-half (1.5) standard deviations below the mean in any two (2) of the following developmental areas:

(1) Gross or fine motor development.

(2) Cognitive development.

(3) Receptive or expressive language development.

(4) Social or emotional development.

(5) Self-help or other adaptive development.

(b) Eligibility for special education as a student with a developmental delay shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the developmental areas listed in subsection (a) that must include at least one (1) of the following:

(A) An individually administered norm-referenced assessment.

(B) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

(i) has been designed or may be adapted or modified for use with students who have a developmental delay or delays; and (ii) is administered by a professional or team of professionals with knowledge of assessment strategies appropriate for the student.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Play skills.

(D) Motor skills.

(E) Responses to sensory experiences.

(F) Relevant family and environmental information.

(G) Patterns of emotional adjustment.

(H) Unusual or atypical behaviors.

(3) Available medical information that is developmentally relevant.

(4) A vision and hearing screening.

(5) A systematic observation of the student across various environments.

(6) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-7 Emotional disability

Sec. 7. (a) "Emotional disability" means an inability to learn or progress that cannot be explained by cognitive, sensory, or health factors. The student exhibits one (1) or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance:

(1) A tendency to develop physical symptoms or fears associated with personal or school problems.

(2) A general pervasive mood of unhappiness or depression.

(3) An inability to build or maintain satisfactory interpersonal relationships.

(4) Inappropriate behaviors or feelings under normal circumstances.

(5) Episodes of psychosis.

(b) Eligibility for special education as a student with an emotional disability shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Current academic achievement as defined at 511 IAC 7-32-2.

(B) Emotional and behavioral functioning.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Responses to sensory experiences.

(D) Relevant family and environmental information.

(E) Patterns of emotional adjustment.

(F) Unusual or atypical behaviors.

(3) A functional behavior assessment as defined at 511 IAC 7-32-41 that includes an analysis of any interventions used to address the behaviors leading to the referral for the educational evaluation.

(4) Available medical and mental health information that is educationally relevant.

(5) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) address whether the student's inability to learn or progress is caused by:

(i) cognitive;

(ii) sensory; or

(iii) health factors;

(B) determine eligibility for special education and related services; and

(C) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-8 Language or speech impairment

Sec. 8. (a) A language or speech impairment is characterized by one (1) of the following impairments that adversely affects the student's educational performance:

(1) Language impairments in the comprehension or expression of spoken or written language resulting from organic or nonorganic causes that are nonmaturational in nature. Language impairments affect the student's primary language systems, in one (1) or more of the following components:

(A) Word retrieval.

(B) Phonology.

(C) Morphology.

(D) Syntax.

(E) Semantics.

(F) Pragmatics.

(2) Speech impairments that may include fluency, articulation, and voice disorders in the student's speaking behavior in more than one (1) speaking task that are nonmaturational in nature, including impairments that are the result of a deficiency of structure and function of the oral peripheral mechanism.

(b) A student is not eligible for special education and related services as a student with a language or speech impairment solely because the student's native language is not English. Bilingual or multilingual speakers include students whose speech or language patterns:

(1) deviate from those of standard English; and

(2) are characteristic of dialectical differences.

A student who is bilingual or multilingual may be a student with a language or speech impairment only if the impairment is exhibited in all languages spoken by the student.

(c) Students who are deaf or hard of hearing or students with specific learning disabilities, who have language deficits or auditory processing difficulties, are not eligible for services designed solely for students with language impairments in lieu of services designed for:

(1) students who are deaf or hard of hearing; or

(2) students with specific learning disabilities.

(d) Severe language or speech impairments may require the use of augmentative communication systems, such as:

(1) gestures;

(2) signed language;

(3) communication books or boards;

(4) electronic devices; or

(5) other systems determined by the student's CCC.

(e) Eligibility for special education as a student with a language impairment shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Progress in the general education curriculum that includes an analysis of any interventions used to address the academic concerns leading to the referral for the educational evaluation.

(B) Current academic achievement as defined at 511 IAC 7-32-2.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Responses to sensory experiences.

(D) Relevant family and environmental information.

(3) An observation of the student in the student's learning environment to document the student's academic performance in the area or areas of difficulty. The multidisciplinary team:

(A) may use information from an observation in routine classroom instruction and monitoring of the student's performance that was done before the student was referred for an educational evaluation; or

(B) have at least one (1) member of the multidisciplinary team, other than the student's general education teacher, conduct an observation of the student's academic performance in the general education classroom after the child has been referred for an educational evaluation and parental consent for the educational evaluation has been obtained. In the case of a student of less than school age or out of school, a team member must observe the student in an environment appropriate for a student of that age.

(4) Available medical information that is educationally relevant.

(5) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) address the exclusionary factors listed in subsections (b) and (c);

(B) determine eligibility for special education and related services; and

(C) inform the student's CCC of the student's special education and related services needs.

(f) Eligibility for special education as a student with a speech impairment shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) The student's skills in:

(i) articulation;

(ii) fluency; and

(iii) voice.

(B) Current academic achievement as defined at 511 IAC 7-32-2.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Oral motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(3) At least one (1) observation of the student's speech completed by a speech and language pathologist.

(4) If an organic cause is the suspected cause of the speech impairment, a statement from a physician with an unlimited license describing:

(A) the student's medical needs; and

(B) any consequent limitations to communication training.

(5) Available medical information that is educationally relevant.

(6) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) address the exclusionary factors listed in subsection (b);

(B) determine eligibility for special education and related services; and

(C) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-9 Multiple disabilities

Sec. 9. (a) "Multiple disabilities" means coexisting disabilities, one of which must be a significant cognitive disability. The coexisting disabilities are lifelong and interfere with independent functioning, and it is difficult to determine which disability most adversely affects educational performance. The term does not include deaf-blind.

(b) Eligibility for special education as a student with multiple disabilities shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Cognitive ability and functioning that must include at least one (1) of the following:

(i) An individually administered norm-referenced assessment.

(ii) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

(AA) has been designed or may be adapted or modified based on the student's disabilities; and

(BB) is administered by a professional or team of professionals with knowledge of assessment strategies appropriate for the student.

(B) Current academic achievement as defined at 511 IAC 7-32-2.

(C) Functional skills or adaptive behavior across various environments from multiple sources.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(3) A systematic observation of the student across various environments.

(4) Available medical information that is educationally relevant.

(5) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-10 Other health impairment

Sec. 10. (a) "Other health impairment" means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that:

(1) is due to chronic or acute health problems, such as:

(A) asthma;

(B) attention deficit disorder or attention deficit hyperactivity disorder;

(C) diabetes;

(D) epilepsy;

(E) a heart condition;

(F) hemophilia;

(G) lead poisoning;

(H) leukemia;

(I) nephritis;

(J) rheumatic fever;

(K) sickle cell anemia; and

(L) Tourette syndrome; and

(2) adversely affects a student's educational performance.

(b) Eligibility for special education as a student as other health impaired shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Current academic achievement as defined at 511 IAC 7-32-2.

(B) Functional skills or adaptive behavior across various environments from multiple sources.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(3) A systematic observation of the student across various environments.

(4) Available medical information that is educationally relevant.

(5) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-11 Orthopedic impairment

Sec. 11. (a) An orthopedic impairment is a severe physically disabling condition that adversely affects educational performance. The term may include impairments caused by any of the following:

(1) A congenital anomaly.

(2) A disease, such as:

(A) poliomyelitis; or

(B) bone tuberculosis.

(3) Other causes, such as:

(A) cerebral palsy;

(B) amputations; or

(C) fractures or burns that cause contractures.

(b) Eligibility for special education as a student with an orthopedic impairment shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Current academic achievement as defined at 511 IAC 7-32-2.

(B) Functional skills or adaptive behavior across various environments from multiple sources.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(3) Available medical information that is educationally relevant.

(4) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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511 IAC 7-41-12 Specific learning disability

Sec. 12. (a) "Specific learning disability" means a disorder in one (1) or more of the basic psychological processes involved in understanding or in using language, spoken or written, that adversely affect the student's educational performance, including conditions referred to, or previously referred to, as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. As follows, a specific learning disability:

(1) Manifests itself when the student does not achieve adequately for the student's age or to meet state approved grade level standards in one (1) or more of the following areas, when provided with learning experiences and instruction appropriate for the student's age or state approved grade level standards:

(A) Reading disability, which is a specific learning disability that is neurological in origin and has a continuum of severity. It is characterized by difficulties with accurate or fluent, or both, word recognition and by poor spelling and decoding abilities. A reading disability may be due to difficulties in the following:

(i) Basic reading skills.

(ii) Reading fluency skills.

(iii) Reading comprehension.

(B) Written expression disability, which is a specific learning disability that is neurological in origin and has a continuum of severity. Written expression is a complex domain that requires the integration of the following:

(i) Oral language.

(ii) Written language.

(iii) Cognition.

(iv) Motor skills.

(C) Math disability, which is a specific learning disability that is neurological in origin and has a continuum of severity. The ability to perform mathematical computations and reasoning requires multiple core cognitive processes. A math disability may be due to difficulties in the following:

(i) Mathematics calculation.

(ii) Mathematics problem solving.

(D) Oral expression disability, which is a specific learning disability that:

(i) is neurological in origin;

(ii) has a continuum of severity; and

(iii) is characterized by deficits in using expressive language processes to mediate learning of:

(AA) reading;

(BB) writing;

(CC) spelling; or

(DD) mathematics;

skills.

(E) Listening comprehension disability, which is a specific learning disability that:

(i) is neurological in origin;

(ii) has a continuum of severity; and

(iii) is characterized by difficulties in using receptive language processes to mediate learning of:

(AA) reading;

(BB) writing;

(CC) spelling; or

(DD) mathematics;

skills.

(2) Can be evidenced through either of the following:

(A) Insufficient progress to meet age or state approved grade level standards in one (1) or more of the areas identified in subdivision (1) when using a process based on the student's response to scientific, research based intervention.

(B) A pattern of strengths and weaknesses in performance or achievement, or both, relative to:

(i) age;

(ii) state approved grade level standards; or

(iii) intellectual development;

that is determined by the group to be relevant to the identification of a specific learning disability. The multidisciplinary team is prohibited from using a severe discrepancy between academic achievement and global cognitive functioning to meet this requirement.

(3) Does not include learning problems that are primarily the result of any of the following:

(A) A visual, hearing, or motor disability.

(B) A cognitive disability.

(C) An emotional disability.

(D) Cultural factors.

(E) Environmental or economic disadvantage.

(F) Limited English proficiency.

(G) Lack of appropriate instruction in reading or math evidenced by the following:

(i) Data demonstrating that prior to, or part of, the referral process, the student was provided appropriate instruction in general education settings, delivered by qualified personnel.

(ii) Data based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the student's parents.

(b) Eligibility for special education as a student with a specific learning disability shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e) and 511 IAC 7-40-5(g), which includes the following:

(1) An assessment of current academic achievement as defined at 511 IAC 7-32-2.

(2) An observation of the student in the student's learning environment, including the general classroom setting, to document the student's academic performance and behavior in the areas of difficulty. The multidisciplinary team may do either of the following:

(A) Use information from an observation in routine classroom instruction and monitoring of the student's performance that was done before the student was referred for an educational evaluation.

(B) Have at least one (1) member of the multidisciplinary team, other than the student's general education teacher, conduct an observation of the student's academic performance in the general education classroom after:

(i) the child has been referred for an educational evaluation; and

(ii) parental consent for the educational evaluation has been obtained. In the case of a student of less than school age or out of school, a team member must observe the student in an environment appropriate for a student of that age.

(3) Available medical information that is educationally relevant.

(4) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Responses to sensory experiences.

(D) Relevant family and environmental information.

(E) Patterns of emotional adjustment.

(F) Unusual or atypical behaviors.

(5) An assessment of progress in the general education curriculum that includes an analysis of any interventions used to address the academic concerns leading to the referral for the educational evaluation.

(6) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) address the exclusionary factors listed in subsection (a)(3);

(B) determine eligibility for special education and related services; and

(C) inform the student's CCC of the student's special education and related services needs.

(c) Other assessments and information, collected prior to referral or during the educational evaluation under subsection (b)(6), may pertain to the following:

(1) For difficulties with reading, the following:

(A) Decoding.

(B) Phonological awareness.

(C) Phonological memory.

(D) Phonological processing.

(E) Orthographic processing.

(F) Reading fluency (rate and accuracy).

(G) Reading comprehension.

(2) For difficulties with written expression, the following:

(A) Handwriting, which encompasses the following:

(i) Fine motor skills.

(ii) Visual-motor coordination.

(iii) Visual and working memory.

(iv) Phonological and orthographic processing.

(B) Spelling, which encompasses the following:

(i) Phonological and orthographic processing.

(ii) Written spelling ability.

(C) Composition, which encompasses the following:

(i) Oral language.

(ii) Reading ability.

(iii) Attention.

(iv) Memory.

(3) For difficulties with math, the following:

(A) Nonverbal problem solving.

(B) Working memory.

(C) Long-term memory.

(D) Processing speed.

(E) Attention.

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511 IAC 7-41-13 Traumatic brain injury

Sec. 13. (a) A traumatic brain injury is an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. The term applies to open or closed head injuries resulting in impairments in one (1) or more areas, such as the following:

(1) Cognition.

(2) Language.

(3) Memory.

(4) Attention.

(5) Reasoning.

(6) Abstract thinking.

(7) Judgment.

(8) Problem solving.

(9) Sensory, perceptual, and motor abilities.

(10) Psychosocial behavior.

(11) Physical functions.

(12) Information processing.

(13) Speech.

(b) The term does not apply to brain injuries that are:

(1) congenital or degenerative; or

(2) induced by birth trauma.

(c) Eligibility for special education as a student with a traumatic brain injury shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Cognitive ability and functioning that must include at least one (1) of the following:

(i) An individually administered norm-referenced assessment.

(ii) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

(AA) has been designed or may be adapted or modified for use with students who have a traumatic brain injury; and

(BB) is administered by a professional or team of professionals with knowledge of assessment strategies appropriate for the student.

(B) Current academic achievement as defined at 511 IAC 7-32-2.

(C) Assessments of functional skills or adaptive behavior across various environments from multiple sources.

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(3) Available medical information that is educationally relevant

(4) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

 

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Last updated by Mark Waterman on 11/21/2012