Code: IDDF (5)
160-4-7-.05 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY.
(1) DEFINITIONS. A child or youth from 3 through 21 years of age is considered
to have a disability under the Individuals with Disabilities Education Improvement
Act (IDEA 2004) if the child or youth meets the eligibility criteria in any of the
following areas and needs special education and related services.
(a) Autism spectrum disorder.
(b) Deafblind.
(c) Deaf/hard of hearing.
(d) Emotional and behavioral disorder.
(e) Intellectual disability (mild, moderate, severe, profound).
(f) Orthopedic impairment.
(g) Other health impairment.
(h) Significant developmental delay.
(i) Specific learning disability.
(j) Speech-language impairment.
(k) Traumatic brain injury.
(l) Visual impairment.
(2) DETERMINATION OF ELIGIBILITY
(a) Upon completion of the administration of assessments and other measures, a
group of qualified professionals and the parents of the child (Eligibility Team)
determine whether the child is a child with a disability and the educational needs of
the child. [34 C.F.R. § 300.306(a)(1)]
(b) The LEA shall provide a copy of the evaluation report and the documentation
of determination of eligibility at no cost to the parent. [34 C.F.R. § 300.306(a)(2)]
(c) A child must not be determined to be a child with a disability if the primary
factor for that determination is –
1. Lack of appropriate instruction in reading, including the essential components of
reading instruction as defined in section 1208(3) of ESEA);
2. Lack of appropriate instruction in mathematics; or
3. Limited English proficiency; and
4. If the child does not otherwise meet the eligibility criteria under this Rule. [34
C.F.R. § 300.306(b)(1) – (2)]
(d) In interpreting evaluation data for the purpose of determining if a child is a
child with a disability and the educational needs of the child, each LEA must:
1. Draw upon information from a variety of sources, including aptitude and
achievement tests, parent input, and teacher recommendations as well as the
information about the child’s physical condition, social or cultural background, and
adaptive behavior;
2. Ensure that information obtained from all of these sources is documented and
carefully considered. [34 C.F.R. § 300.306(c)(1)]
3. If a determination is made that a child has a disability, and the disability
adversely affects educational performance (academic, functional and/or
developmental) and therefore needs special education and related services, an IEP
must be developed for the child in accordance with Rule 160-4-7-.06
INDIVIDUALIZED EDUCATION PROGRAM. [34 C.F.R. § 300.306(c)(2)]
(3) ELIGIBILITY REPORT. An eligibility report which documents the area of
disability shall be completed and placed in each child’s special education folder. The
eligibility report shall provide statements for each component of the eligibility and
shall be comprehensive enough to serve as the evaluation report when necessary.
(a) For those children determined not eligible for special education and related
services the eligibility report shall clearly explain the Eligibility Team’s
determination.
(b) The parent of the child shall receive a copy of the eligibility report at no cost to
the parent. [34 C.F.R. § 300.306(a)(2)]
Authority O.C.G.A. § 20-2-152; 20-2-240.
Adopted: March 11, 2010 Effective: March 31, 2010
160-4-7-.05-3 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (a): AUTISM SPECTRUM DISORDER (AUT).
Definition.
Autism spectrum disorder is a developmental disability generally evident before age
three that adversely affects a child's educational performance and significantly affects
developmental rates and sequences, verbal and non-verbal communication and social
interaction and participation. Other characteristics often associated with autism
spectrum disorder are unusual responses to sensory experiences, engagement in
repetitive activities and stereotypical movements and resistance to environmental
change or change in daily routines. Autism does not apply if a child’s educational
performance is adversely affected primarily because the child has an emotional
disturbance as defined in (d). Children with autism spectrum disorder vary widely in
their abilities and behavior. [34 C.F.R. § 300.8(c)(1)(i)]
The term of autism spectrum disorder includes all subtypes of Pervasive
Developmental Disorder (such as Autistic Disorder; Rett’s Disorder; Childhood
Disintegrative Disorder; Asperger Syndrome; and Pervasive Developmental Disorder,
Not Otherwise Specified) provided the child’s educational performance is adversely
affected and the child meets the eligibility criteria. Autism spectrum disorder may
exist concurrently with other areas of disability.
Evaluations and Assessments
The following evaluations and assessments shall be utilized to determine the presence
of the characteristics of autism spectrum disorder.
1. Comprehensive psychological evaluation to include a formal assessment of
intellectual functioning and an assessment of adaptive behavior.
2. Educational evaluation to include an assessment of educational
performance and current functioning levels.
3. Communication evaluation to include assessment of verbal and non-verbal
communication, prosody (linguistics including intonation, rhythm and
focus in speech)), and pragmatic language utilizing both formal and
informal measures.
4. Behavioral evaluations to include assessment of social interaction and
participation, peer and adult interactions, capacity to relate to others,
stereotypical behaviors, resistance to change, atypical responses to sensory
stimuli, persistent preoccupation with or attachment to objects and other
behaviors often associated with autism spectrum disorder.
5. Developmental history to include developmental differences and delays and
age of onset, which is typically before the age of three. A child may be
diagnosed as a child with autism spectrum disorder after age three if the
characteristics of autism spectrum disorder are met.
Eligibility and Placement.
Eligibility shall be based on assessment of the five characteristic areas associated with
autism spectrum disorder. The assessments shall minimally document that each of
the characteristic areas of (1) developmental rates and sequences, (2) social
interaction and participation and (3) verbal and non-verbal communication are
affected. The adverse effect on a child's educational performance shall be
documented and based on the following criteria:
1. Developmental rates and sequences. A child exhibits delays, arrests,
and/or inconsistencies in the acquisition of motor, sensory, social ,
cognitive, or communication skills. Areas of precocious or advanced skill
development may also be present, while other skills may develop at typical
or extremely depressed rates. The order of skill acquisition frequently
differs from typical developmental patterns.
2. Social interaction and participation. A child displays difficulties and/or
idiosyncratic differences in interacting with people and participating in
events. Often a child is unable to establish and maintain reciprocal
relationships with people. A child may seek consistency in environmental
events to the point of exhibiting rigidity in routines.
3. Communication (verbal and/or nonverbal). A child displays a basic
deficit in the capacity to use verbal language for social communication,
both receptively and expressively. Characteristics may involve both
deviance and delay. Verbal language may be absent or if present, may lack
usual communicative form, or the child may have a nonverbal
communication impairment. Some children with autism may have good
verbal language but have significant problems in the effective social or
pragmatic use of communication.
4. Sensory processing. A child may exhibit unusual, repetitive or
unconventional responses to sensory stimuli of any kind. A child's
responses may vary from low to high levels of sensitivity.
5. Repertoire of activities and interests. A child may engage in repetitive
activities and/or may display marked distress over changes, insistence on
following routines and a persistent preoccupation with or attachment to
objects. The capacity to use objects in an appropriate or functional manner
may be absent, arrested, or delayed. A child may have difficulties
displaying a range of interests and/or imaginative play. A child may
exhibit stereotypical body movements.
A child with autism spectrum disorder may be served by any appropriately certified
teacher in any educational program as described in the child's individualized
education program (IEP). The identification of autism spectrum disorder for
educational programming does not dictate a specific placement; however, it is based
on the assessed strengths, weaknesses and individual goals and objectives of the
child.
160-4-7-.05-6 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (b): DEAFBLIND (DB).
Definition.
Deafblind means concomitant hearing and visual impairments, the combination of
which causes such severe communication and other developmental and educational
needs that they cannot be accommodated in special education programs solely for
children with deafness or children with blindness. [34 C.F.R. § 300.8(c)(2)]
Eligibility and Placement.
1. For a child to be determined eligible for placement in special programs for
the deafblind, the child shall have current optometric or ophthalmological
examination and an audiological evaluation, all administered by qualified
professionals. Children who are deafblind shall have an audiological
evaluation administered by a certified/licensed audiologist annually,
or more often if needed. The annual audiological evaluation shall include,
but is not limited to: an otoscopic inspection, unaided and aided pure tone
and speech audiometry (as applicable), immittance testing, word
recognition, hearing aid check and electro-acoustic analysis of the hearing
aid (if amplified), and an analysis of a frequency modulated (FM) system
check (if utilized). A comprehensive written report is required indicating
the dates of the audiological evaluation and a description of the results of
the audiological testing and amplification evaluation. In addition, the
report should include a description of classroom environmental
modifications which will assist the individualized education program (IEP)
team in making instructional decisions, the child’s ability to understand
spoken language with and without amplification, and an interpretation of
the results as they apply to the child in his or her classroom setting.
2. Children who are deafblind may receive educational services in classes with
other disabled children; however, the class-size ratio for deafblind shall be
maintained.
Additional Requirements.
Each child who has been diagnosed as deafblind shall be reported in the Georgia
Deafblind Census.
160-4-7-.05-7 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (c): DEAF/HARD OF HEARING (D/HH).
Definitions.
A child who is deaf or hard of hearing is one who exhibits a hearing loss that, whether
permanent or fluctuating, interferes with the acquisition or maintenance of auditory
skills necessary for the normal development of speech, language, and academic
achievement and, therefore, adversely affects a child’s educational performance. [See
34 C.F.R. § 300.8(c)(3) & (5)]
1. A child who is deaf can be characterized by the absence of enough
measurable hearing (usually a pure tone average of 66-90+ decibels American
National Standards Institute without amplification) such that the primary sensory
input for communication may be other than the auditory channel.
2. A child who is hard of hearing can be characterized by the absence of
enough measurable hearing (usually a pure tone average range of 30-65 decibels
American National Standards Institute without amplification) that the ability to
communicate is adversely affected; however, the child who is hard of hearing
typically relies upon the auditory channel as the primary sensory input for
communication.
Eligibility and Placement.
1. The eligibility report shall include audiological, otological and educational
evaluation reports.
(a) Audiological evaluations shall be provided with initial referral. Children
who are deaf or hard of hearing shall have an audiological evaluation administered by
a certified/licensed audiologist annually, or more often if needed. The annual
audiological evaluation shall include, but is not limited to: an otoscopic inspection,
unaided and aided pure tone and speech audiometry (as applicable), immittance
testing, word recognition, hearing aid check and electro-acoustic analysis of the
hearing aid (if amplified), an analysis of a frequency modulated (FM) system check
(if utilized). A comprehensive written report shall be included in the audiological
evaluation. This written report shall include, but is not limited to: the date of the
audiological evaluation, description of the results of the audiological testing, an
amplification evaluation including the child’s ability to understand spoken language
with and without amplification, as well an interpretation of the results as they apply to
the child in his or her classroom setting.
(b) An otological evaluation report from appropriately licensed or certified
personnel is required at the time of initial placement in the program for the deaf/hard
of hearing. The otological evaluation report is required as medical history pertinent to
the absence of hearing. If such a report is not available upon initial placement, it shall
be obtained within 90 days of placement. The initial or most recent otological
evaluation result shall be summarized and that otological evaluation report shall be
attached to the eligibility report.
(c) A comprehensive educational assessment shall be used in the development
of the child’s individualized education program (IEP). The educational evaluation
shall include assessment data from more than one measure and shall include, but is
not limited to, information related to academic/achievement levels, receptive and
expressive language abilities, receptive and expressive communication abilities,
social and emotional adjustment and observational data relative to the child’s overall
classroom performance and functioning.
2. A psychological evaluation, using instruments appropriate for children who
are deaf or hard of hearing, is recommended as part of the overall data when
eligibility is being considered.
3. Children who exhibit a unilateral hearing loss may be considered for
eligibility provided documentation exists that indicates academic or communicative
deficits are the result of the hearing loss.
Additional Requirements.
1. An evaluation of the communication needs of a child who is deaf or hard of
hearing shall be considered in the program and class placement decisions. An
evaluation of a child’s communication needs shall include, but is not limited to:
language and communication needs and abilities, opportunities for direct
communication with peers and professional personnel in the child’s preferred
language and communication mode, severity of loss, educational abilities, academic
level and full range of needs, including opportunities for direct instruction in the
child’s language and communication mode.
2. Any classroom to be used for a child who is deaf or hard of hearing shall be
sound-treated and present an appropriate acoustical environment for the child. All
placements, including regular education placements and desk arrangements within
classrooms shall be made so that environmental noise and interruptions are
minimized.
3. Recommendation of the appropriate educational environment, including
acoustical considerations, should be made by the IEP Team.
4. Each LEA shall have written procedures to ensure the proper functioning of
assistive amplification devices used by children who are deaf or hard of hearing.
These procedures shall include the designated qualified responsible personnel, daily
and ongoing schedules for checking equipment, as well as follow-up procedures
.
160-4-7-.05-9 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (d):
EMOTIONAL AND BEHAVIORAL DISORDER (EBD).
Definition.
An emotional and behavioral disorder is an emotional disability characterized by the
following:
(i) An inability to build or maintain satisfactory interpersonal relationships
with peers and/or teachers. For preschool-age children, this would include
other care providers.
(ii) An inability to learn which cannot be adequately explained by intellectual,
sensory or health factors.
(iii) A consistent or chronic inappropriate type of behavior or feelings under
normal conditions.
(iv) A displayed pervasive mood of unhappiness or depression.
(v) A displayed tendency to develop physical symptoms, pains or
unreasonable fears associated with personal or school problems. [34
C.F.R. § 300.8(c)(4)(i)(A – E)]
A child with EBD is a child who exhibits one or more of the above emotionally based
characteristics of sufficient duration, frequency and intensity that interferes
significantly with educational performance to the degree that provision of special
educational service is necessary. EBD is an emotional disorder characterized by
excesses, deficits or disturbances of behavior. The child's difficulty is emotionally
based and cannot be adequately explained by intellectual, cultural, sensory general
health factors, or other additional exclusionary factors
Eligibility and Placement.
1. A child may be considered for placement in a program for children with
EBD based upon an eligibility report that shall include the following:
(i) Documentation of comprehensive prior extension of services available in
the regular program to include counseling, modifications of the regular
program or alternative placement available to all children, and data based
progress monitoring of the results of interventions
(ii) Psychological and educational evaluations
(iii) Report of behavioral observations over a significant period of time;
(iv) Appropriate social history to include information regarding the history of
the child’s current problem(s), the professional services and interventions
that have been considered or provided from outside the school; and
(v) Adequate documentation and written analysis of the duration, frequency
and intensity of one or more of the characteristics of emotional and
behavioral disorders.
2. A child must not be determined to be a child with an Emotional and
Behavioral Disorder if the primary factor for that determination is:
a. Lack of appropriate instruction in reading, including the essential
components of reading instruction;
b. Lack of appropriate instruction in math;
c. Lack of appropriate instruction in writing;
d. Limited English proficiency;
e. Visual, hearing or motor disability;
f. Intellectual disabilities;
g. Cultural factors;
h. Environmental or economic disadvantage; or
i. Atypical education history (multiple school attendance, lack of
attendance, etc.).
3. The term does not include children with social maladjustment unless it is
determined that they are also children with EBD. A child whose values and/or
behavior are in conflict with the school, home or community or who has been
adjudicated through the courts or other involvement with correctional agencies is
neither automatically eligible for nor excluded from EBD placement. Classroom
behavior problems and social problems, e.g., delinquency and drug abuse, or a
diagnosis of conduct disorder, do not automatically fulfill the requirements for
eligibility for placement.
160-4-7-.05-11 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (e): INTELLECTUAL DISABILITY (ID).
Definition.
Intellectual disabilities refer to significantly subaverage general intellectual
functioning which exists concurrently with deficits in adaptive behavior that
adversely affects educational performance and originates before age 18. [34 C.F.R §
300.8(c)(6)] Intellectual disability does not include conditions primarily due to a
sensory or physical impairment, traumatic brain injury, autism spectrum disorders,
severe multiple impairments, cultural influences or a history of inconsistent and/or
inadequate educational programming.
(a) Significantly subaverage general intellectual functioning is defined as
approximately 70 IQ or below as measured by a qualified psychological examiner on
individually administered, nationally normed standardized measures of intelligence.
(1) All IQ scores defining eligibility for children with intellectual disabilities shall be
interpreted as a range of scores encompassed by not more than one standard error of
measurement below and above the obtained score. The standard error of
measurement for a test may be found in the technical data section of the test manual.
(2) Any final determination of the level of intellectual functioning shall be based on
multiple sources of information and shall include more than one formal measure of
intelligence administered by a qualified psychological examiner. There may be
children with IQ scores below 70 who do not need special education. Interpretation
of results should take into account factors that may affect test performance such as
socioeconomic status, native language, and cultural background and associated
disabilities in communication, sensory or motor areas.
(i) Significantly subaverage intellectual functioning must be verified through a
written summary of at least one structured observation that demonstrates the child’s
inability to progress in a typical, age appropriate manner and with consideration for
culturally relevant information, medical and education history.
(b)Deficits in adaptive behavior are defined as significant limitations in a child’s
effectiveness in meeting the standards of maturation, learning, personal independence
or social responsibility, and especially school performance that is expected of the
individual's age-level and cultural group, as determined by clinical judgment.
(1) The child demonstrates significantly subaverage adaptive behavior in
school and home, and, if appropriate, community environments. These
limitations in adaptive behavior shall be established through the use of
standardized adaptive behavior measures normed on the general population,
including people with disabilities and people without disabilities. On these
standardized measures, significant limitations in adaptive behavior are
operationally defined as performance that is at least two standard deviations
below the mean of either (a) one of the following three types of adaptive
behavior: conceptual, social, or practical, or (b) an overall (composite) score on
a standardized measure of conceptual, social, and practical skills.
Documentation must include information from at least two sources. The first
source shall be someone from the local school who knows the child and the
second source shall be someone who knows the child outside of the school
environment such as a parent, guardian, or person acting as a parent.
(i). Interpretation of results should consider the child’s cultural background,
socioeconomic status and any associated disabilities that may limit or
impact the results of the adaptive behavior measures.
(c) Deficits in intellectual functioning and adaptive behavior must have existed prior
to age 18.
(d) A child must not be determined to be a child with an Intellectual Disability if the
determinant factor for that determination is:
1. Lack of appropriate instruction in reading, including the essential components of
reading instruction;
2.Lack of appropriate instruction in math;
3. Lack of appropriate instruction in written expression;
4. Limited English proficiency;
5. Visual, hearing or motor disability;
6. Emotional disturbances;
7. Cultural factors;
8. Environmental or economic disadvantage; or
9.Atypical educational history (multiple school attendance, lack of attendance, etc.).
Eligibility and Placement.
A child may be classified as having an intellectual disability (at one of the levels
listed below) when a comprehensive evaluation indicates deficits in both intellectual
functioning and adaptive behavior. Intellectual functioning and adaptive behavior
shall be considered equally in any determination that a child is eligible for services in
the area of intellectual disability. A comprehensive educational evaluation shall be
administered to determine present levels of academic functioning. The report shall be
prepared for each child to provide an adequate description of the data collected and
explicit pre-referral interventions prior to evaluation and to explain why the child is
eligible for services in a program for children with intellectual disabilities. In
situations where discrepancies exist between test score results from intellectual
functioning, adaptive behavior and academic achievement, the eligibility report must
contain a statement of specific factors considered which resulted in the decision of the
eligibility team. Eligibility teams must establish that any limits in performance are
not primarily due to the exclusionary factors and must document this in the eligibility
report:
A child may be classified as having an intellectual disability at one of the levels
listed below.
Mild intellectual disability (MID).
(1) Intellectual functioning ranging between an upper limit of approximately
70 to a lower limit of approximately 55; and
(2) Deficits in adaptive behavior that significantly limit a child’s effectiveness
in meeting the standards of maturation, learning, personal independence or
social responsibility, and especially school performance that is expected of
the individual’s age level and cultural group, as determined by clinical
judgment.
Moderate intellectual disability (MOID).
(1) Intellectual functioning ranging from an upper limit of approximately 55
to a lower limit of approximately 40; and
(2) Deficits in adaptive behavior that significantly limit a child’s effectiveness
in meeting the standards of maturation, learning, personal independence or
social responsibility, and especially school performance that is expected of
the individual’s age-level and cultural group as determined by clinical
judgment.
Severe intellectual disability (SID).
(1) Intellectual functioning ranging from an upper limit of approximately 40
to a lower limit of approximately 25; and
(2) Deficits in adaptive behavior that significantly limit a child’s effectiveness
in meeting the standards of maturation, learning, personal independence or
social responsibility and especially school performance that is expected of
the individual’s age-level and cultural group as determined by clinical
judgment.
Profound intellectual disability (PID).
(1) Intellectual functioning below approximately 25; and
(2) Deficits in adaptive behavior that significantly limit a child’s effectiveness
in meeting the standards of maturation, learning, personal independence or
social responsibility and especially school performance that is expected of
the child's age-level and cultural group, as determined by clinical
judgment.
160-4-7-.05-14 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (f): ORTHOPEDIC IMPAIRMENT (OI).
Definition.
Orthopedic impairment refers to a child whose severe orthopedic impairments
adversely affects their educational performance to the degree that the child requires
special education.
This term may include:
(1) Impairment caused by congenital anomalies, e.g., deformity or absence of
some limb.
(2) Impairment caused by disease (poliomyelitis, osteogenesis imperfecta,
muscular dystrophy, bone tuberculosis, etc.)
(3) Impairment from other causes, e.g., cerebral palsy, amputations, and
fractures or burns that cause contractures. [34 C.F.R.§ 300.8(c)(8)]
Secondary disabilities may be present, including, but not limited to, visual
impairment, hearing impairment, communication impairment and/or intellectual
disability.
Eligibility and Placement.
Evaluation for initial eligibility shall include the following.
(1) A current medical evaluation from a licensed doctor of medicine. The
evaluation report used for initial eligibility shall be current within one
year. The evaluation shall indicate the diagnosis/prognosis of the child's
orthopedic impairment, along with information as applicable regarding
medications, surgeries, special health care procedures and special diet or
activity restrictions.
(2) A comprehensive educational assessment to indicate the adverse affects of
the orthopedic impairment on the child's educational performance.
(3) Assessments shall document deficits in: pre-academic or academic
functioning, social/emotional development, adaptive behavior, motor
development or communication abilities resulting from the orthopedic
impairment. When assessment information indicates significant deficit(s)
in cognitive/academic functioning, a psychological evaluation shall be
given.
Children served in a program for orthopedic impairments should be functioning no
lower than criteria outlined for mild intellectual disabilities programs. For those
children with orthopedic impairments served in other special education programs due
to the severity of their sensory or intellectual disability, support by the OI teacher
regarding the implications of the child’s orthopedic impairment may be appropriate.
160-4-7-.05-16 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (g): OTHER HEALTH IMPAIRMENT (OHI).
Definition.
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 asthma, attention
deficit disorder or attention deficient hyperactivity disorder, diabetes,
epilepsy, or heart condition, hemophilia, lead poisoning, leukemia,
nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome,
and
(2) Adversely affects a child’s educational performance. [34 C.F.R.§
300.8(c)(9)]
In some cases, heightened awareness to environmental stimulus results in difficulties
with starting, staying on and completing tasks; making transitions between tasks;
interacting with others; following directions; producing work consistently; and,
organizing multi-step tasks.
Eligibility.
1. Evaluation for initial eligibility shall include the following:
(a) The medical evaluation from a licensed doctor of medicine, or in the case of
ADD and ADHD an evaluation by a licensed doctor of medicine or licensed
clinical psychologist, should be considered by the child’s Eligibility Team as
part of the process of determining eligibility. The evaluation report shall
indicate the diagnosis/prognosis of the child's health impairment, along with
information as applicable regarding medications, special health care procedures
and special diet or activity restrictions. The evaluation report used for initial
eligibility shall be current within one year and must document the impact of the
physical condition on the vitality, alertness or strength of the child. In cases of
illness where the child's physical health and well-being are subject to
deterioration or change, this report shall be updated as frequently as determined
by the IEP Committee. A medical diagnosis does not automatically include or
exclude a child from determination of eligibility.
(b) A comprehensive developmental or educational assessment to indicate the
effects of the health impairment on the child's educational performance.
Assessments shall document deficits in pre-academic or academic
functioning, adaptive behavior, social/emotional development, motor or
communication skills resulting from the health impairment. When
assessment information indicates significant deficits in cognitive/academic
functioning, a psychological evaluation shall be given.
(c) A child must not be determined to be a child with Other Health
Impairment if the determinant factor for that determination is:
a. Lack of appropriate instruction in reading, including the essential
components of reading instruction;
b. Lack of appropriate instruction in math;
c. Lack of appropriate instruction in writing;
d. Limited English proficiency;
e. Visual, hearing or motor disability;
f. Intellectual disabilities;
g. Emotional disturbances;
h. Cultural factors;
i. Environmental or economic disadvantage; or
j. Atypical educational history (attendance at multiple schools, lack of
attendance).
Placement and Service Delivery.
(1) A child meeting eligibility criteria be served by any appropriately certified
teacher in any educational program, as specified in the child’s individualized
education program (IEP).
(2) According to State Board of Education Rule 160-1-3-.03 Communicable
Diseases, the district shall allow a child infected with a communicable disease
to remain in his or her educational setting unless he or she currently presents a
significant risk of contagion as determined by the district after consultation with
the child’s physician, a knowledgeable public health official and/or a physician
designated by the LEA (at the LEA’s option).
160-4-7-.05-18 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (h): SIGNIFICANT DEVELOPMENTAL DELAY (SDD).
Definition
The term significant developmental delay refers to a delay in a child’s development in
adaptive behavior, cognition, communication, motor development or emotional
development to the extent that, if not provided with special intervention, the delay
may adversely affect a child’s educational performance in age-appropriate activities.
The term does not apply to children who are experiencing a slight or temporary lag in
one or more areas of development, or a delay which is primarily due to
environmental, cultural, or economic disadvantage or lack of experience in age
appropriate activities. The SDD eligibility may be used for children from ages three
through nine (the end of the school year in which the child turns nine). [See 34
C.F.R. § 300.8(b)]
Eligibility
(1) Initial eligibility must be established, and an IEP in place, on or before the
child’s seventh birthday. SDD eligibility is determined by assessing a child
in each of the five skill areas of adaptive development, cognition,
communication, physical development (gross and fine motor), and
social/emotional development. Any child who scores at least 2 standard
deviations below the mean in one or more of the five areas or 1½ standard
deviations below the mean in two or more areas shall meet eligibility for
SDD.
(2) For children who are kindergarten age or older, initial eligibility shall also
include documented evidence that the impact on educational performance
is not due to:
(a) Lack of appropriate instruction in reading or literacy readiness,
including the essential components of reading instruction;
(b) Lack of appropriate instruction in math or math readiness skills;
(c) Limited English proficiency;
(d) Visual, hearing or motor disability;
(e) Emotional disturbances;
(f) Cultural factors; or
(g) Environmental or economic disadvantage.
The application of professional judgment is a critical element at every stage of
eligibility determination: as test instruments are selected, during the evaluation
process, in the analysis of evaluation results, as well as the analysis of error patterns
on standardized, teacher made or other tests.
(3) All five skill areas shall be assessed using at least one formal assessment. In
those areas in which a significant delay is suspected, at least one additional formal
assessment must be utilized to determine the extent of the delay. All formal
assessments must be age appropriate, and all scores must be given in standard
deviations.
(4) For children eligible under SDD with hearing; visual; communication; or
orthopedic impairments, a complete evaluation must be obtained to determine if the
child also meets eligibility criteria for deaf/hard of hearing, visual impairments,
speech and language impairments or orthopedic impairments. Students with sensory,
physical or communication disabilities must receive services appropriate for their
needs, whether or nor specific eligibility is determined.
Placement and Service Delivery
(1) Preschool-aged (3-5) children meeting eligibility criteria as SDD and needing
special education services may receive those services in a variety of placement
options, as determined by the child’s IEP Team and participation by other agencies,
such as, but not limited to:
(a) Regular Early Childhood Setting;
• Head Start Programs
• Georgia Pre-K Classes
• Community Daycares
• Private Preschools
(b) Separate Early Childhood Special Education Setting;
(c) Day School;
(d) Residential Facility;
(e) Service Provider Location; or
(f) Home
(2) School-aged children with SDD shall be served by any appropriately certified
teacher in any education program designed to meet the needs of the child, as specified
by the child’s IEP team.
160-4-7-.05-20 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (i): SPECIFIC LEARNING DISABILITIES (SLD).
Definition
(1) Specific learning disability is defined as a disorder in one or more of the
basic psychological processes involved in understanding or in using language, spoken
or written, that may manifest itself in an imperfect ability to listen, think, speak, read,
write, spell or do mathematical calculations. The term includes such conditions as
perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and
developmental aphasia. The term does not apply to children who have learning
problems that are primarily the result of visual, hearing or motor disabilities,
intellectual disabilities, emotional or behavioral disorders, environmental, cultural or
economic disadvantage. [34 C.F.R. §300.8(c)(10)]
(2) The child with a specific learning disability has one or more serious
academic deficiencies and does not achieve adequately according to age to meet
State-approved grade-level standards. These achievement deficiencies must be
directly related to a pervasive processing deficit and to the child’s response to
scientific, research-based interventions. The nature of the deficit(s) is such that
classroom performance is not correctable without specialized techniques that are
fundamentally different from those provided by general education teachers, basic
remedial/tutorial approaches, or other compensatory programs. This is clearly
documented by the child’s response to instruction as demonstrated by a review of the
progress monitoring available in general education and Student Support Team (SST)
intervention plans as supported by work samples and classroom observations. The
child's need for academic support alone is not sufficient for eligibility and does not
override the other established requirements for determining eligibility.
Exclusionary Factors
(1) A child must not be determined to be a child with a specific learning
disability if the determinant factor for that determination is:
a. Lack of appropriate instruction in reading, to include the essential
components of reading instruction (phonemic awareness, phonics, fluency,
vocabulary, and comprehension);
b. Lack of appropriate instruction in math;
c. Lack of appropriate instruction in writing;
d. Limited English proficiency;
e. Visual, hearing or motor disability;
f. Intellectual disabilities;
g. Emotional disturbances;
h. Cultural factors;
i. Environmental or economic disadvantage; or
j. Atypical educational history (such as irregular school attendance or attendance at
multiple schools) [See 34 C.F.R. § 300.309(a)(3)]
Required Data Collection
(1) In order to determine the existence of Specific Learning Disability, the
group must summarize the multiple sources of evidence to conclude that the child
exhibits a pattern of strengths and weaknesses in performance, achievement, or both,
relative to age, State-approved grade level standards and intellectual development.
Ultimately, specific learning disability is determined through professional judgment
using multiple supporting evidences that must include:
(a) Data are collected that include:
(i) At least two current (within twelve months) assessments such as the results of
the CRCT or other state-required assessment, norm-referenced achievement tests or
benchmarks indicating performance that does not meet expectations for Stateapproved
grade-level standards;
(ii) Information from the teacher related to routine classroom instruction and
monitoring of the child’s performance. The report must document the child’s
academic performance and behavior in the areas of difficulty.
(iii) Results from supplementary instruction that has been or is being provided:
(a) that uses scientific, research or evidence based interventions selected to correct
or reduce the problem(s) the student is having and was in the identified areas of
concern;
(b) such instruction has been implemented as designed for the period of time
indicated by the instructional strategy(ies). If the instructional strategies do not
indicate a period of time the strategies should be implemented, the instructional
strategies shall be implemented for a minimum of 12 weeks to show the instructional
strategies' effect or lack of effect that demonstrates the child is not making sufficient
progress to meet age or State-approved grade-level standards within a reasonable time
frame;
( iv) the interventions used and the data based progress monitoring results are
presented to the parents at regular intervals throughout the interventions.
(b) Any educationally relevant medical findings that would impact achievement.
(c) After consent is received from the parents for a comprehensive evaluation for
special education determination the following must occur:
1. An observation by a required group member;
2. Documentation that the determination is not primarily due to any of the
exclusionary factors;
3. Current analyzed classroom work samples indicating below level performance as
compared to the classroom normative sample; and
4. Documentation of a pattern of strength and weaknesses in performance and/or
achievement in relation to age and grade level standards must include:
(i) A comprehensive assessment of intellectual development designed to assess
specific measures of processing skills that may contribute to the area of academic
weakness. This assessment must be current within twelve months and
(ii) Current Response to Intervention data based documentation indicating the lack
of sufficient progress toward the attainment of age or State-approved grade-level
standards.
(iii) As appropriate, a language assessment as part of additional processing batteries
may be included.
Eligibility Determination
(1) The child who is eligible for services under the category of specific
learning disability must exhibit the following characteristics: a primary deficit in basic
psychological processes and secondary underachievement in one or more of the eight
areas along with documentation of the lack of response to instructional intervention as
supported by on-going progress monitoring.
(2) Deficits in basic psychological processes typically include problems in
attending, discrimination/perception, organization, short-term memory, long-term
memory, conceptualization/reasoning, executive functioning, processing speed, and
phonological deficits. Once a deficit in basic psychological processes is documented,
there shall be evidence that the processing deficit has impaired the child's mastery of
the academic tasks required in the regular curriculum. Though there may exist a
pattern of strengths and weaknesses, evidence must be included documenting that the
processing deficits are relevant to the child’s academic underachievement as
determined by appropriate assessments that are provided to the child in his/her native
language. Though a child may be performing below age or State-approved grade level
standards, the results of progress monitoring must indicate that the child is not
making the expected progress toward established benchmarks. This is indicated by
comparing the child’s rate of progress toward attainment of grade level standards.
(3) Underachievement exists when the child exhibits a pattern of strengths and
weakness in performance, achievement, or both, relative to age, State-approved grade
level standards and intellectual development and when a child does not achieve
adequately toward attainment of grade level standards in one or more of the following
areas:
(a) Oral expression- use of spoken language to communicate ideas;
(b) Listening comprehension-ability to understand spoken language at
a level commensurate with the child’s age and ability levels;
(c) Written expression - ability to communicate ideas effectively in
writing with appropriate language;
(d) Basic reading skills-ability to use sound/symbol associations to
learn phonics in order to comprehend the text;
(e) Reading comprehension-ability to understand the meaning of
written language based in child’s native language;
(f) Reading Fluency Skills- the ability to read and process a text with
appropriate rate and accuracy;
(g) Mathematics calculation-ability to process numerical symbols to
derive results, including, but not limited to, spatial awareness of
symbol placement and choice of sequence algorithms for operations
required; and
(h) Mathematical problem solving -ability to understand logical
relationships between mathematical concepts and operations,
including, but not limited to, correct sequencing and spatial/symbolic
representation.
(4) Progress monitoring includes the data-based documentation of repeated
assessments of achievement at reasonable intervals, reflecting child progress during
instruction. When reviewing progress monitoring data, those students that exhibit a
positive response to the research validated instruction being provided by general
education cannot be considered as having a specific learning disability even though
they may show deficits on achievement tests in the specified areas. In addition,
children whose achievement in classroom academics indicates performance that is
commensurate with pervasive weaknesses that are not indicative of a pattern of
strengths and weaknesses may not be considered as having a specific learning
disability.
(5) One group member responsible for determining specific learning disability
must conduct an observation of the child’s academic performance in the regular
classroom after the child has been referred for an evaluation and parental consent for
special education evaluation is obtained. The observation of the child is conducted in
the learning environment, including the regular classroom setting, to document the
child’s academic performance and behavior in the areas of difficulty. The
observation must include information from the routine classroom instruction and
monitoring of the child’s performance.
The SLD Eligibility Group
(1) The determination of whether a child suspected of having a specific
learning disability is a child with a disability must be made by the child’s parents and
a team of qualified professionals that must include:
(a) The child’s regular teacher; or if the child does not have a regular
teacher, a regular classroom teacher qualified to teach a child of his or
her age;
(b) A highly qualified certified special education teacher; and
(c) A minimum of one other professional qualified to conduct
individual diagnostic assessments in the areas of speech and language,
academic achievement, intellectual development, or social-emotional
development and interpret assessment and intervention data (such as
school psychologist, reading teacher, or educational therapist).
Determination of the required group member should be based on the
data being reviewed and the child’s individual needs.
(2) Each group member must certify in writing whether the report reflects the
member’s conclusions. If it does not reflect the member’s conclusion, the group
member must submit a separate statement presenting the member’s conclusions.
160-4-7-.05-25 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (j): SPEECH-LANGUAGE IMPAIRMENT (SI).
Definitions.
Speech or language impairment refers to a communication disorder, such as
stuttering, impaired articulation, language or voice impairment that adversely affects
a child’s educational performance. A speech or language impairment may be
congenital or acquired. It refers to impairments in the areas of articulation, fluency,
voice or language. Individuals may demonstrate one or any combination of speech or
language impairments. A speech or language impairment may be a primary disability
or it may be secondary to other disabilities. [34 C.F.R. § 300.8(c)(11)]
(1) Speech Sound Production Impairment (e.g. articulation impairment)- atypical
production of speech sounds characterized by substitutions, omissions, additions or
distortions that interferes with intelligibility in conversational speech and obstructs
learning ,successful verbal communication in the educational setting. The term may
include the atypical production of speech sounds resulting from phonology, motor or
other issues. The term speech sound impairment does not include:
A) Inconsistent or situational errors;
B) Communication problems primarily from regional, dialectic, and/or
cultural differences;
C) Speech sound errors at or above age level according to established
research-based developmental norms, speech that is intelligible and without
documented evidence of adverse affect on educational performance;
D) Physical structures (e.g., missing teeth, unrepaired cleft lip and/or palate)
are the primary cause of the speech sound impairment; or
E) Children who exhibit tongue thrust behavior without an associated speech
sound impairment.
(2) Language Impairment - impaired comprehension and/or use of spoken language
which may also impair written and/or other symbol systems and is negatively
impacting the child’s ability to participate in the classroom environment. The
impairment may involve, in any combination, the form of language (phonology,
morphology, and syntax), the content of language (semantics) and/or the use of
language in communication (pragmatics) that is adversely affecting the child’s
educational performance. The term language impairment does not include:
A) Children who are in the normal stages of second language
acquisition/learning and whose communication problems result from English
being a secondary language unless it is also determined that they have a
speech language impairment in their native/primary language.
B) Children who have regional, dialectic, and/or cultural differences
C) Children who have auditory processing disorders not accompanied by
language impairment.
D) Children who have anxiety disorders (e.g. selective mutism) unless it is
also determined that they have a speech language impairment. There must be
a documented speech-language impairment that adversely affects the
educational performance for these children to qualify for special education
services.
(3) Fluency Impairment - interruption in the flow of speech characterized by an
atypical rate, or rhythm, and/or repetitions in sounds, syllables, words and phrases
that significantly reduces the speaker’s ability to participate within the learning
environment. Excessive tension, struggling behaviors and secondary characteristics
may accompany fluency impairments. Secondary characteristics are defined as
ritualistic behaviors or movements that accompany dysfluencies. Ritualistic behaviors
may include avoidance of specific sounds in words. Fluency impairment includes
disorders such as stuttering and cluttering. It does not include dysfluencies evident in
only one setting or reported by one observer.
(4) Voice/Resonance Impairment – interruption in one or more processes of pitch,
quality, intensity, or resonance resonation that significantly reduces the speaker’s
ability to communicate effectively.. Voice/Resonance impairment includes aphonia
or the abnormal production of vocal quality, pitch, loudness, resonance, and/or
duration, which is inappropriate for an individual’s age and/or gender. The term
voice/resonance impairment does not refer to:
A) Anxiety disorders (e.g. selective mutism)
B) Differences that are the direct result of regional, dialectic, and/or cultural
differences
C) Differences related to medical issues not directly related to the vocal
mechanism (e.g. laryngitis, allergies, asthma, laryngopharyngeal reflux (eg.
acid reflux of the throat, colds, abnormal tonsils or adenoids, short-term vocal
abuse or misuse, neurological pathology)
D) Vocal impairments that are found to be the direct result of or symptom of a
medical condition unless the impairment impacts the child’s performance in
the educational environment and is amenable to improvement with therapeutic
intervention.
Evaluation, Eligibility and Placement
All of the special education rules and regulations related to evaluation, eligibility and
placement must be followed including:
1. Evaluation:
A) Documentation of the child’s response to prior evidenced-based interventions
prior to referral for a comprehensive evaluation.]
B) A comprehensive evaluation shall be performed by a certified or licensed Speech-
Language Pathologist (SLP) for consideration of speech-language eligibility.
Following receipt of a clear hearing and vision screening and medical clearance for
voice (as appropriate) this evaluation consists of an initial screening of the child's
speech sounds, language, fluency, voice, oral motor competency, academic,
behavioral, and functional skills using either formal or informal assessment
procedures to assist in determining if the child is a child with a disability [34 C.F.R.
300.304(b)(1)]. An in-depth evaluation of each area suspected of being impaired,
using at least one formal test and/or procedure.
C) A full and individual initial evaluation for each area suspected of being a disability
must be provided and considered prior to the child’s eligibility for speech-language
services. This may include assessments in the areas of health (e.g. ENT,
otolaryngologist, ophthalmologist, and optometrist), vision, hearing, social and
emotional status, general intelligence, academic performance, communicative status
and motor abilities.
D) The evaluation is sufficient to identify all of the child’s special education and
related services needs, whether or not commonly linked to the disability category in
which the child has been referred or classified [34 C.F.R. 300.304(b)(4)] 34 C.F.R.
300.304(b)(6).
E) Children with voice/resonance impairment must have a medical evaluation to rule
out physical structure etiology by a medical specialist either prior to a comprehensive
evaluation or as part of a comprehensive evaluation. The presence of a medical
condition (e.g., vocal nodules, polyps) does not necessitate the provision of voice
therapy as special education or related service nor does a prescription for voice
therapy from a medical doctor. A written order from a medical practitioner is a
medical opinion regarding the medical evaluation or treatment that a patient should
receive. When directed to a school, these medical orders should be considered by the
team as a part of the eligibility process. The team, not a medical practitioner,
determines the need for an evaluation for special education services based on
documented adverse effect of the voice impairment on the child’s educational
performance.
F) A variety of assessment tools and strategies must be used to gather relevant
functional, developmental and academic information about the child, including
information provided by the parent. Information from the evaluation is used to
determine whether the child is a child with a disability and the content of the child’s
IEP including information related to enabling the child to be involved in and progress
in the general education curriculum (or for a preschool child, to participate in
appropriate activities)m[34 C.F.R. 300.304(b)(i)].
2. Eligibility:
A) Determining eligibility for speech-language impaired special education services
includes three components:
1) The Speech-Language Pathologist determines the presence or absence of
speech-language impairment based on Georgia rules and regulations for
special education, [34 C.F.R. § 300.8(c)(11)]
2) Documentation of an adverse affect of the impairment on the child’s
educational performance
3)The team determines that the child is a child with a disability [34 C.F.R.
300.304(b)(1)] and is eligible for special education and appropriate
specialized instruction needed to access the student’s curriculum. [34 C.F.R.
300.8(b)(2)]
B) Eligibility shall be determined based on the documented results of at least two or
more measures or procedures, at least one of which must be formal, administered in
the area of impairment and documentation of adverse affect.
A speech-language disorder does not exist if:
A) Environmental, cultural, or economic disadvantage cannot be ruled out as primary
factors causing the impairment; or
B) A child exhibits inconsistent, situational, transitory or developmentally appropriate
speech-language difficulties that children experience at various times and to various
degrees.
C) Because children who have communication difficulties do not necessarily have
speech or language impairments, the speech-language program may not be the
appropriate service delivery model to adequately meet the child’s educational needs.
For this reason, all children who are suspected of having communication problems
shall be the subject of a Student Support Team (SST) to problem solve and implement
strategies to determine and limit the adverse affect on the child’s educational
performance.
(4) For nonverbal or verbally limited children and those with autism and/or
significant intellectual, sensory, or physical disabilities, a multidisciplinary team of
professionals shall provide a functional communication assessment of the child to
determine eligibility for speech-language services. The multidisciplinary team shall
consist of professionals appropriately related to the child's area of disability.
(5) A child is eligible for placement in a speech-language program if, following a
comprehensive evaluation; the child demonstrates impairment in one or more of the
following areas: speech sound, fluency, voice or language that negatively impacts the
child’s ability to participate in the classroom environment. The present adverse effect
of the speech-language impairment on the child's progress in the curriculum,
including social and/or emotional growth, must be documented in writing and used to
assist in determining eligibility.
3. Placement:
Placement in the speech-language program shall be based on the results of the
comprehensive assessment, and eligibility, along with all other pertinent information.
4. Children shall not be excluded from a speech-language program based solely on
the severity of the disability. Cognitive referencing (i.e., comparing language scores
to IQ scores) is not permissible as the only criteria for determining eligibility for
speech-language impaired services.
Communication Paraprofessionals- A communication paraprofessional is an
adjunct to the Speech Language Pathologist (SLP) and assists with certain duties and
tasks within the speech-language program. The communication paraprofessional is
under the supervision of a certified or licensed SLP. The communication
paraprofessional can not carry their own caseload, nor do they increase the certified
SLP’s caseload outside of a self-contained classroom. The primary responsibility for
the delivery of services, as indicated on the IEP, remains with the certified or licensed
SLP. Children who receive services from the communication paraprofessional shall
also receive services from the supervising SLP and/or licensed or certified SLP a
percentage of the time designated in the IEP for speech-language services, but no less
than one hour per month. Each LEA should develop and implement procedures for
the training, use and supervision of communication paraprofessionals.
160-4-7-.05-30 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (k): TRAUMATIC BRAIN INJURY (TBI).
Definition.
Traumatic Brain Injury (TBI) refers to 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 the child's educational
performance. The term applies to open or closed head injuries resulting in
impairments which are immediate or delayed in one or more areas, such as cognition,
language, memory, attention, reasoning, abstract thinking, judgment, problem
solving, sensory, perceptual and motor abilities, psychosocial behavior, physical
functions, speech and information processing. The term does not apply to brain
injuries that are congenital or degenerative in nature, brain injuries induced by birth
trauma. [34 C.F.R. § 300.8(c)(12)]
Eligibility.
(1) Evaluation for eligibility shall include the following.
(a) A summary of the child's pre-injury functioning status. This
information may be available through previous formal evaluations,
developmental assessments, achievement tests, classroom observations
and/or grade reports.
(b) Verification of the TBI through the following:
1. A medical evaluation report from a licensed doctor of medicine
indicating that TBI has occurred recently or in the past, or
2. Documentation of TBI from another appropriate source, such as health
department or social services reports, or parents' medical bills/records.
(c) A neuropsychological, psychological or psychoeducational evaluation
that addresses the impact of the TBI on the following areas of functioning:
1.Cognitive - this includes areas such as memory, attention, reasoning,
abstract thinking, judgment, problem solving, speed of information
processing, cognitive endurance, organization, receptive and expressive
language and speed of language recall.
2. Social/Behavioral - this includes areas such as awareness of self and
others, interaction with others, response to social rules, emotional
responses to everyday situations and adaptive behavior.
3. Physical/Motor - this includes areas such as hearing and vision acuity,
speech production, eye-hand coordination, mobility and physical
endurance.
(2) Deficits in one or more of the above areas that have resulted from the TBI
and adversely affect the child's educational performance shall be documented.
Placement and Service Delivery.
The identification of TBI for educational programming does not dictate a specific
service or placement. The child with TBI shall be served by any appropriately
certified teacher in any educational program, as specified in the child's individualized
education program (IEP) Team minutes.
160-4-7-.05-32 ELIGIBILITY DETERMINATION AND CATEGORIES OF
ELIGIBILITY
Appendix (l): VISUAL IMPAIRMENT (VI).
Definitions.
A child with a visual impairment is one whose vision, even with correction, adversely
impacts a child’s educational performance. [34 C.F.R. § 300.8(c)(13)] Examples are
children whose visual impairments may result from congenital defects, eye diseases,
or injuries to the eye. The term includes both visual impairment and blindness as
follows:
(1) Blind refers to a child whose visual acuity is 20/200 or less in the better eye
after correction or who has a limitation in the field of vision that subtends an
angle of 20 degrees. Some children who are legally blind have useful vision
and may read print.
(2) Visually impaired refers to a child whose visual acuity falls within the range of
20/70 to 20/200 in the better eye after correction or who have a limitation in the field
of vision that adversely impacts educational progress.
(a) Progressive visual disorders: Children, whose current visual acuity is greater than
20/70, but who have a medically indicated expectation of visual deterioration may
be considered for vision impaired eligibility based on documentation of the visual
deterioration from the child’s optometrist or ophthalmologist.
Eligibility and Placement.
(1) A current (within one year) eye examination report shall be completed and
signed by the ophthalmologist or optometrist who examined the child.
(a) A report from a neurologist in lieu of the optometrist/ophthalmologist report is
acceptable for students who have blindness due to a cortical vision impairment.
(2)A clinical low vision evaluation shall be completed by a low vision optometrist
for children who are not totally blind;
(a) if the student is under the age of 8 and/or has a severe cognitive and/or physical
disability that would make the use of low vision aids unfeasible, a functional vision
evaluation may be used instead of a low vision evaluation to establish eligibility.
1. The low vision evaluation should be completed by age 10 for children who do
not have one during eligibility determination prior to age 8 unless other circumstances
apply.
2. The low vision evaluation is often difficult to schedule within the 60 day
timeline, therefore, if children meet all other eligibility requirements, the eligibility
report shall document the date of the scheduled upcoming low vision evaluation and
the team may proceed with the eligibility decision.
3. Once the low vision evaluation has occurred the eligibility information shall be
updated, and as appropriate, the IEP.
(i) The low vision evaluation must occur within 120 days of receipt of parental
consent to evaluate to determine eligibility for visual impairment.
(3) A comprehensive education evaluation shall be administered to determine
present levels of functioning. The impact of the visual impairment on the
child's educational performance shall be considered for eligibility.
(a) Educational assessments may include cognitive levels, academic achievement,
and reading ability
1. Educational assessments related to vision must be completed by a teacher
certified in the area of visual impairments.
(b) In some cases, comprehensive psychological evaluations may be indicated and
must be completed by appropriately certified personnel
(4) Braille instruction is always considered critical to appropriate education for a
child who is blind. Children identified with visual impairments shall be evaluated to
determine the need for braille skills. The evaluation will include the present and
future needs for braille instruction or the use of braille. For children for whom braille
instruction and use is indicated, the individualized education program (IEP) shall
include the following:
(a) Results obtained from the evaluation conducted for the purpose of determining
the need for Braille skills;
(b) How instruction in braille will be implemented as the primary mode for learning
through integration with other classroom activities;
(c) Date on which braille instruction will commence;
(d) The length of the period of instruction and the frequency and duration of each
instructional session; and
(e) The level of competency in braille reading and writing to be achieved by the
end of the period and the objective assessment measures to be used.
(f) For those children for whom braille instruction is not indicated, the IEP shall
include a statement with supporting documentation that indicate the
absences of braille instruction will not impair the child’s ability to read
and write effectively..
Authority O.C.G.A. § 20-2-152; 20-2-240.
Adopted: March 11, 2010 Effective: March 31, 2010