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Eligibility and Evaluation

An evaluation in special education is the process of assessing a student’s strengths and needs in all areas related to a suspected disability. The results of an evaluation determine whether the student has a disability and whether the student requires special education and related services.

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Another Website 114.3 C.M.R. § 30. Team Evaluation Services.

Massachusetts health regulation that gives the rates the school district must pay for publicly-funded independent evaluation services.

10/1/2008
Another Website 20 U.S.C. § 1414. Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements.

Section of the Individuals with Disabilities Education Act that sets out the requirements and procedures for initial evaluations and reevaluations for children with disabilities. 20 U.S.C § 1414 (a)-(c) (2006), retrieved from the Office of the Law Revision Counsel at http://uscode.house.gov.

7/25/2008
Another Website 34 C.F.R. § 300, Subpart D. Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

Subpart of the Code of Federal Regulations that details the requirements and procedures for evaluations and reevaluations of children with disabilities. 34 C.F.R. § 300.300-311 (2007), retrieved from the United States Government Printing Office at http://www.gpoaccess.gov.

7/25/2008
Another Website Administrative Advisory 2002-2: Requirement to Review Refusals to Evaluate for Special Education Eligibility

Advisory discussing school district’s responsibility to evaluate a student for special education eligibility.

10/1/2008
Another Website Administrative Advisory SPED 2001-4. Finding of No Eligibility for Special Education.

Advisory that provides information about activities which a school district is required to conduct following a Team’s finding of no eligibility for special education services. Issued by the Massachusetts Department of Education (2001).

10/1/2008
Another Website Administrative Advisory SPED 2001-5. Updating of IEP Process Guide and IEP Form and Notices.

Advisory that clarifies the requirements for initial evaluations of children with disabilities in situations where a person has made a referral for an evaluation. Issued by the Massachusetts Department of Education (2001).

10/1/2008
Another Website Administrative Advisory SPED 2004-1. Independent Educational Evaluations.

Advisory that describes the school district’s responsibility under federal and Massachusetts special education law to provide a publicly-funded independent education evaluation for a student who has been referred for a special education evaluation. Issued by the Massachusetts Department of Education (2003).

10/1/2008
Another Website H. 391 Chapter 363 MGL 71B - Access to Observers of Education Program

Act approved Oct 10, 2008. "Parents and their designees shall be afforded access of sufficient duration and extent to enable them to evaluate a child’s performance in a current program and the ability of a proposed program to enable such child to make effective progress. School committees shall impose no conditions or restrictions on such observations except those necessary to ensure the safety of children in a program or the integrity of the program while under observation or to protect."

10/30/2008
Another Website MA Reg 603 CMR 28.04 Referral and Evaluation

MA Regulation covering initial evaluation, re-evaluation and independent evaluations.

11/7/2008
Another Website Special Education Eligibility/Initial and Reevaluation Determination.

Flowchart for a school district to use to determine whether a student is eligible for special education services.

10/1/2008
Another Website Statutory Language: Evaluations, Eligibility Determinations.

Chart that lists the statutory language on evaluations and eligibility determinations from the Individuals with Disabilities Education Act 2004 along with a summary of the 2004 changes.

10/1/2008


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