Initial Eligibility
Upon completion of the administration of assessments and other evaluation measures, a group of qualified professionals, including the student’s parent, determine whether the student is a student with a disability and the educational needs of the student. The public agency is required to provide a copy of the evaluation report to the parent, including the documentation of determination of eligibility.
An IEP team shall complete an initial evaluation of a student within:
- Sixty (60) days of parental consent for assessments; and
- Ninety (90) days of the public agency receiving a written referral.
The evaluation must consist of procedures to determine if the student is a student with a disability under 34 CFR 300.8 and to determine the educational needs of the student.
[20 U.S.C. §1414(a)(1)(C); 34 CFR §300.301(c); COMAR 13A.05.01.06A]
Exception to the Timeline for Completion of Initial Evaluation
The timeline for completion of the initial evaluation described shall not apply, in accordance
with 20 U.S.C. §1414(a)(1)(C)(ii); 34 C.F.R. §300.300, and COMAR 13A.05.01.06A if:
- The parent of the student repeatedly fails or refuses to produce the student for assessments;
- A student enrolls in a different public agency prior to the completion of the initial evaluation started in the student’s former public agency of enrollment; or
- The student’s parent and the IEP team extend the timeframe by mutual written agreement.
The exceptions to the timeline with regards to a student who enrolls in another public agency
after consent for an initial evaluation was obtained, exception to the 60 day initial evaluation
timeframe applies only if:
- The subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation;
- The parent and subsequent public agency agree to a specific time for completion of the evaluation.
NOTE:
In accordance with 34 C.F.R. §300.323(f), if a child with a disability (who had an IEP that was
in effect in a previous public agency in another State) transfers to a public agency in a new
State, and enrolls in a new school within the same school year, the new public agency (in
consultation with the parents) must provide the child with FAPE (including services
comparable to those described in the child’s IEP from the previous public agency), until
[emphasis added] the new public agency:
(1) Conducts an evaluation pursuant to §§ 300.304 through 300.306 (if determined to be
necessary by the new public agency); and
(2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable
requirements in §§ 300.320 through 300.324.
Also within the Analysis of Comments and Changes relative to §300.323(f) OSEP states,
“The evaluation conducted by the new public agency would be to determine if the child is a
child with a disability and to determine the educational needs of the child. Therefore, the
evaluation would not be a reevaluation, but would be an initial evaluation by the new public
agency, which would require parental consent.” [Analysis of Comments and Changes, page
46682]
If the new local school system determines that no additional or new data/assessments are
needed and that existing data from another state meets the criteria for eligibility for services
as a students with a disability in Maryland and adequately addresses the student’s
educational needs, the IEP team entering the data into the Statewide IEP, is to consider this
an initial evaluation not a reevaluation and obtain parental consent for the initiation of
services.
Transition from Part C to Part B
A public agency shall convene an IEP team meeting to determine if a student in transition
from a Local Infants and Toddlers Program (LITP) has a disability or developmental delay that
requires the provision of special education and related services. In the case of a student who was previously or is currently served under Part C, an invitation to the initial IEP meeting shall, at the request of the parent, be sent to the Part C service coordinator or other representatives of the LITP to assist with the smooth transition of
services.
[20 U.S.C.§1412(a)(9); 34 C.F.R. §§300.124; 300.321(f); 300.323(b); 34 C.F. R. §303.211; COMAR 13A.05.01.07A(8); COMAR 13A.05.01.08(2); 13A.13.01.09; State Performance Plan Indicator 12]
Areas Impacted by Student’s Suspected Disability
Identify the academic, functional, developmental, physical, sensory, social, or behavioral issues that prompted school personnel or the parent to refer the student for an initial assessment.
[34 C.F.R. §300.321(a)COMAR 13A.05.01.04-.06;COMAR 13A.05.01.09A(1)(a)]
Discussion to Support Decision (optional)
If it is the intent of a public agency use the student's IEP to satisfy the requirements for prior written notice (PWN), this text field provides space for the IEP team to document its decision(s) relative to the areas affected by the student’s disability that requires special education services. Refer to local public agency policies and procedures.
Determinant Factors
In accordance with 20 U.S.C. §1414(b)(5) a student may not be identified as a student with a disability if an IEP team determines the lack of educational performance is the result of:
-
A lack of instruction in reading, including the essential components of reading instruction, including explicit and systematic instruction in:
- Phonemic awareness,
- Phonics,
- Vocabulary development,
- Reading fluency and oral reading skill, and
- Reading comprehension strategies;
- A lack of instruction in math; or
- A lack of English proficiency; and
- The student does not otherwise meet the criteria specified in 34 CFR §300.8.
[20 U.S.C. §1414(b)(5); 34 C.F.R. §300.306(b); Analysis of Comments pg. 46646; COMAR 13A.05.01.06C(3)]
Specialized Instruction and Related Services
Indicate:
YES – If the IEP team determines the student is a student with a disability requiring the provision of special education; or
NO – If the IEP team determines the student is NOT a student with a disability requiring the provision of special education services.
[34 C.F.R. §300.306(c)]
