300.8(c)(4)(i)(A-E) 89.1040(c)(4) 1401(3)(A) Y N The characteristics is/are exhibited by the child: over a long period of time; and to a marked degree; 30.8(c)(4)(i) 89.1040(c)(4) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N The emotional disturbance adversely affects the child’s educational performance; and by reason of the emotional disturbance, the child needs special education and related services. 300.8(c)(4)(i) 300.8(a)(1) 89.1040(c)(4) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Deaf-Blindness Y N A child may be determined to be child with if: The child meets the specific eligibility criteria for Auditory and Visual Impairment; or The child meets eligibility criteria for Visual Impairment and has a suspected hearing loss that cannot be demonstrated conclusively, but there is no speech at an age when speech would normally be expected, as determined by a speech/language therapist, a certified speech and language therapist, or a licensed speech language pathologist; or 300.8(c)(2) 89.1040(c)(2)(A-D) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Y N The has documented: Hearing and visual losses that, if considered individually, may not meet the requirements for auditory impairment or visual impairment, but the combination of such losses adversely affects the student’s educational performance; or Medical diagnosis of a progressive medical condition that will result in concomitant auditory and visual losses that, without special education intervention, will adversely affect educational performance; and 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes:
Y N The child’s deficits are manifested during the developmental period; and by reason of the mental retardation, the child needs special education and related services. 300.8(a)(1) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Multiple Disabilities Y N A child may be considered to be a child with multiple disabilities if: the child has 2 or more impairments occurring simultaneously, such as: mental retardation –blindness; and mental retardation-orthopedic impairment; the disabilities are expected to continue indefinitely; 300.8(c)(7) 89.1040(c)(6)(A) 1401 (3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N The disabilities severely impair the performance in two or more of the following areas: psychomotor skills; self-care skills; communication; social and emotional development; or cognition. 300.8(c)(7) 89.1040(c)(6)(A)(ii)(I-V) 1401 (3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N The combination of disabilities causes such severe educational that they cannot be accommodated in special education programs solely for one of the impairments; and by reason of the multiple disabilities, the child needs special education and related services. 300.8(1) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Noncategorical Early Childhood Y N The child is between the ages of 3-5; and the child meets the specific eligibility criteria for one of the following: mental retardation; emotional disturbance; specific learning disabilities; or autism. 89.1040(c)(13) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Orthopedic Impairment Y N The group of qualified professionals must include a licensed physician. 1 2 3 4 5 6 7 8 9 10 11
300.306(a)(1) 89.1040(b) 89.1040(c)(7) 1213 14 15 16 17: Notes: Y N The child has been determined to have a severe orthopedic impairment. 300.8(c)(8) 89.1040(c)(7) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N The severe orthopedic impairment adversely affects a child’s educational performance; and by reason of the severe orthopedic impairment, the child needs special education and related services. 300.8(c)(8) 89.1040(c)(7) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Health Impairment Y N The group of qualified professionals must include a licensed physician. 300.306(a)(1) 89.1040(b) 89.1040(c)(8) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N The child has chronic or acute health problems such as: asthma; attention deficit disorder or attention deficit hyperactivity disorder; diabetes; epilepsy; heart condition; hemophilia; lead poisoning; leukemia; nephritis; rheumatic sickle cell anemia; and Tourette syndrome. 300.8(c)(9)(i) 89.1040(c)(8) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Y N The health problems manifest themselves as: limited strength; limited vitality; or limited alertness. 300.8(c)(9)(i) 89.1040(c)(8) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes:
Speech or Language Impairment Y N The group of qualified professionals must include: A certified speech and hearing therapist; A certified speech and language therapist; or A licensed speech/language pathologist. 300.306(a)(1) 89.1040(b) 89.1040(c)(10) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N A child may be determined to be a child with speech or language impairment if: The child has a communication disorder, such as, stuttering, impaired articulation, a language impairment, or a voice impairment; The speech or language impairment adversely affects the child’s education performance; and By reason of the speech or language impairment the child needs special education and related services. 300.8(a)(1) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Traumatic Brain Injury Y N The group of qualified professionals must include a licensed physician. 300.302(a)(1) 89.1040(c)(11) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N A child may be considered a child with TBI if: The child has an acquired injury to the brain caused by an external physical force; The injury results in total or partial functional disability or psychosocial impairment or both; Applies to both open or closed head injuries resulting in impairment in one or more of the following areas, such as: cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech, but is not congenital; degenerative; or induced by birth trauma. 300.8(c)(12) 89.1040(c)(11) 1401(3)(A) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes:
Elements of Consent Y N The LEA must obtain informed consent from the parent before initially providing special education and related services in his/her native language or other mode of communication: The consent describes the initial provision of special education and related services; The consent lists the records ( if any) that will be released and to whom; The parent understands and agrees in writing to the LEA carrying out the initial provision of special education and related services; The parent understands that the granting of consent is voluntary on the part of the parent and can be revoked at any time; The parent understands that if the parent revokes consent, that revocation is not retroactive. 300.9(a-c) 1414(a)(1)(D) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N The LEA must obtain informed consent from the parent to conducting any re-evaluation of a child with a disability, which means: The parent has been fully informed of all information relevant to the re-evaluation in his/her native language or other means of communication; The consent describes the re-evaluation; The consent the records(if any) that will be released and to whom; The parent understands and agrees in writing to the LEA carrying out the re-evaluation; The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time; and The parent understands that if the parent revokes consent, the revocation is not retroactive. 300.9(a-c) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N Parental consent need not be obtained if the LEA can demonstrate: The LEA has taken reasonable measures to obtain such consent; and The parent failed to respond. 300.322(d) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes:
Change of Placement Due to Violation of Student Code of Conduct Y N On the date on which the decision is made to make a removal that constitutes a change of placement for a child with a disability who violates a code of student conduct, the LEA must: notify the parents of that decision; and provide the parents the procedural safeguards notice. 300.530(h) 1415(k)(1)(II) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N A manifestation determination must be made within 10 school days of any decision to make a change of placement of a child with a disability because of a violation of a code of student conduct. This determination must be made by the ARDC with the following members: The LEA representative; The parent; Relevant members of the child’s ARDC, as determined by the parent and the LEA. 300.530(e)(1) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N The ARDC must review all relevant information in the student’s file including: The IEP; Any teacher observations; and Any relevant information provided by the parents. 300.530(e)(1) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N The conduct is a manifestation of the child’s disability if the ARDC determines that either of the following are met: If the conduct was caused by or had a direct and substantial relationship to the disability; or if the conduct in question was a direct result of the LEA’s failure to implement the IEP. 300.530(e)(1)(i)(ii) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N If the ARDC determines during a manifestation determination review that the conduct was a manifestation of the child’s disability, the ARDC must either: Conduct a functional behavioral assessment, unless the LEA had conducted a FBA before the behavior that resulted in the change of 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17:
placement occurred, and implement a behavioral intervention plan (BIP) for the child ; or If a BIP already has been developed, review the BIP and modify it, as necessary, to address the behavior. 300.530(f)(1)(ii) Y N If a manifestation was determined, the ARDC must also return the child to the placement from which the child was removed except as provided under the special circumstances regulations or unless the parent and the LEA agree to a change of placement as part of the modification of the BIP. 300.530 (f)(2) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N Special circumstances exist if: the child carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the LEA; knowingly possess or uses illegal or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function; has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function. 300.530(g)(1-3) 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: Y N For removals of more than 10 cumulative days and behavior is not a manifestation of the disability, the ARDC must determine: educational services for a FAPE which may be provided in an interim alternative educational setting (IAES) to enable the child to continue to participate in the general education curriculum, although in another setting, to enable the child to progress toward meeting the goals set out in the IEP; as appropriate, a functional behavioral assessment; behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur; and The IAES. 300.530(d)(1)(i)(ii) 300.531 1 2 3 4 5 6 7 8 9 10 11 1213 14 15 16 17: Notes: