Georgia Department of Education Rules and Regulations ...



Georgia Department of Education Rules and Regulations Adopted March 2010 states the following:

Evaluations before change in eligibility.

The LEA must evaluate a child with a disability before determining that the child is no longer a child with a disability. [34 C.F.R. § 300.305(e)(1)]

1. The evaluation is not required before termination of a child’s disability due to graduation from high school with a regular education diploma, or due to exceeding the age eligibility for FAPE. [34 C.F.R. § 300.305(e)(2)]

2. However, the LEA must provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s post-secondary goals.

TCSS Dismissal Procedures:

The IEP team makes the decision on whether or not a student continues to have a disability that impact educational progress and if the student is in need of special education services. This decision is based on information from the comprehensive evaluation. The results of the comprehensive evaluation are typically documented on the Eligibility form (SEMSTracker). Using this form allows us to ascertain that we have considered all relevant areas in the comprehensive evaluation. Using the Eligibility Determination form also documents the IEP team conclusions and rationale for finding the student ineligible for special education.

I have outlined the procedures for the three main conditions when considering dismissal for a speech impaired student below:

Condition 1: The student has an eligibility of Speech Impaired only and has no known academic, social or emotional problems:

1. The IEP team meets (including the parent) and holds the Reevaluation Consideration Conference. The form is completed to indicate that the student is being reevaluated in order to determine continued eligibility.

2. The SLP obtains parental permission to evaluate (reevaluate).

3. The SLP ascertains that the student has vision and hearing clearance.

4. The SLP completes the comprehensive reevaluation, following all of the evaluation guidelines as outlined on the GaDOE rules and regulations, and addressing each a area of the eligibility form. For the speech/language section, at least one formal test and/or procedure is used. The SLP then determines the presence or absence of speech-language impairment based on Ga rules and regs for special education.

5. The IEP team meets and determines that the child is no longer eligible for special education services.

Condition 2: The student has an eligibility of Speech Impaired only AND he/she is exhibiting academic, social, or emotional problems AND has not been evaluated by Psychology:

1. The IEP team meets with the School Psychologist to ascertain that all areas of difficulty are being addressed via interventions as outlined on the IEP. These interventions are provided to the child for the period of time as outlined in the Pyramid of Interventions procedures.

2. The IEP team meets (including the parent) and holds the Reevaluation Consideration Conference and the form is completed.

3. The SLP obtains parental permission to evaluate (reevaluate).

4. The SLP ascertains that the student has vision and hearing clearance.

5. Procedures for a reevaluation including Psychology evaluation are followed (see Reevaluation Checklist).

6. The evaluation team completes the evaluation following all of the evaluation guidelines as outlined on the GaDOE rules and regulations, and addressing each a area of the eligibility form.

7. The results of the evaluation are documented on the Eligibility Determination form, the team meets and determines whether or not the student meets eligibility criteria in any of the areas of special education.

Condition 3: The student is a student with a primary area of eligibility in another area and Speech Impaired is the secondary area of eligibility (Dually Served):

1. The IEP team meets (including the parent) and holds the Reevaluation Consideration Conference and the form is completed.

2. The SLP obtains parental permission to evaluate (reevaluate).

3. The SLP ascertains that the student has vision and hearing clearance.

4. The SLP completes the comprehensive evaluation, following all of the evaluation guidelines as outlined on the GaDOE rules and regulations, and addressing each area of the eligibility form. For the speech/language section, at least one formal test and/or procedure is used. The SLP then determines the presence or absence of speech-language impairment based on Ga rules and regs for special education.

In order to comprehensively evaluate the student and address certain sections of the eligibility determination form, the SLP completes a DAB or DATA assessment to determine the current level of performance in academic areas.

All evaluation information is documented on the Eligibility Determination form.

5. The IEP team meets and determines that the child is no longer eligible for special education services under the eligibility of Speech Impaired. Other area(s) of eligibility would in this case, remain the same.

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