POLICY LETTER: March 1, 2007 to Harcourt Assessment Inc. Publisher Aurelio Prifitera
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POLICY LETTER: March 1, 2007 to Harcourt Assessment Inc. Publisher Aurelio Prifitera MS Word
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POLICY LETTER: March 1, 2007 to Harcourt Assessment Inc. Publisher Aurelio Prifitera MS Word
Dated March 1, 2007Aurelio Prifitera, Ph.D.Publisher, PresidentHarcourt Assessment, Inc.19500 Bulverde RoadSan Antonio, Texas 78259-3701Dear Dr. Prifitera:This is in response to your letter dated November 13, 2006, summarizing Harcourt Assessment's general understanding of the specific learning disability (SLD) procedures under the final implementing regulations for Part B of the Individuals with Disabilities Education Act (IDEA). Your letter contained an Overview of the SLD Evaluation Process that included six main points. Before addressing each of the six main points, it is important to clarify a statement you made in the opening of your letter regarding discrepancy, response to intervention (RTI) and other alternative procedures. Information from discrepancy, RTI and other alternative procedures is just one component of an overall comprehensive evaluation of a child suspected of having a disability. The Analysis of Comments and Changes accompanying the final Part B regulations, page 46648, clarifies an RTI process does not replace the need for a comprehensive evaluation. A public agency must use a variety of data gathering tools and strategies even if an RTI process is used. The results of an RTI process may be one component of the information reviewed as part of the evaluation procedures required under 34 CFR 300.304 and 300.35. As required in 34 CFR 300.304(b), consistent with section 614(b)(2) of the Act, an evaluation must include a variety of assessment tools and strategies and cannot rely on any single procedure as the sole criterion for determining eligibility for special education and related services.In addition, you stated, A child does not have a SLD unless the evaluation results indicate that one of the criteria contained in 300.309 is met. This is inconsistent with Part B of the IDEA (see 34 CFR 300.309). Under the final implementing regulations for Part B of IDEA, the group described in 34 CFR 300.306 may determine that a child has a specific learning disability, as defined in 34 CFR 300.8(c)(10), if 300.309(a)(1) and 300.309(a)(2)(i) or 300.309(a)(2)(ii) and 300.309(a)(3) are met. Therefore, it is incorrect to say that one of the criteria contained in 34 CFR 300.309 could be used to determine that a child has a specific learning disability.The remainder of this letter addresses the numbered points in the Overview of the SLD Evaluation Process' section of your letter:Your statements in point number one, two and six are consistent with our understanding of the regulations.In your letter, under point number three, you refer to the provisions of 300.309(a)(1), (a)(2)(i) and (a)(2)(ii), but incorrectly asBased on section 607(e) of the IDEA, we are informing you that our response is provided as informal guidance and is not legally binding, but represents an interpretation by the U.S. Department of Education of the IDEA in the context of the specific facts presented.We hope this response provides the necessary clarifications. Please do not hesitate to contact my office if you have any further questions.Sincerely,/s/John H. HagerPage PAGE 2 - Aurelio Prifitera, Ph.D.
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
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Last modified on April 26, 2017