* Regulations by Section and Attachment 1 (Analysis of Comments and Changes)

Subpart E-Procedural Safeguards
Additional Procedures for Evaluating Children with Specific Learning Disabilities

§300.540 Additional team members.

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.7, must be made by the child's parents and a team of qualified professionals which must include-

(a)

(1) The child's regular teacher; or

(2) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or

3) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and

(b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.

(Authority: Sec. 5(b), Pub. L. 94-142)

Analysis of Comments, Discussions and Changes from Attachment 1
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Comment: Commenters raised a variety of issues regarding the regulatory provisions concerning the additional procedures for evaluating children suspected of having specific learning disabilities. However, none of those comments raised significant concerns about the minor changes from prior regulations proposed in the NPRM, which were designed merely to accommodate new statutory provisions regarding the participation of parents in evaluation determinations and evaluation reports and documentation of eligibility determinations applicable to all eligibility determinations, including those regarding specific learning disabilities.

Discussion: As indicated in the preamble to the NPRM, the Department is planning to conduct a careful, comprehensive review of research, expert opinion and practical knowledge of evaluating and identifying children with a specific learning disability over the next several years to determine whether changes to the standards and process for identifying children with a specific learning disability should be proposed. Because that review has not been done, no further changes are made to the regulations.

Changes: None.

 

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These Final Regulations were taken from the Federal Register. They were formatted by Education Development Center, Inc. for the IDEA Practices Web site, a service of the OSEP-funded ASPIIRE and ILIAD IDEA Partnership Projects at The Council for Exceptional Children. The material was transferred to the discover IDEA CD 2002 by the Western Regional Resource Center. Every attempt has been made to faithfully reproduce the original content of the Regulations.