300.311—Specific documentation for the eligibility determination.
(a)
For a child suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in § 300.306(a)(2), must contain a statement of—
(2)
The basis for making the determination, including an assurance that the determination has been made in accordance with § 300.306(c)(1) ;
(3)
The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning;
(i)
The child does not achieve adequately for the child's age or to meet State-approved grade-level standards consistent with § 300.309(a)(1); and
(ii)
(A)
The child does not make sufficient progress to meet age or State-approved grade-level standards consistent with § 300.309(a)(2)(i); or
(B)
The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development consistent with § 300.309(a)(2)(ii) ;
(6)
The determination of the group concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child's achievement level; and
(7)
If the child has participated in a process that assesses the child's response to scientific, research-based intervention—
(A)
The State's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;
(b)
Each group member must certify in writing whether the report reflects the member's conclusion. If it does not reflect the member's conclusion, the group member must submit a separate statement presenting the member's conclusions.