Page:United States Statutes at Large Volume 118.djvu/2736

 118 STAT. 2706 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(A) lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Sec ondary Education Act of 1965); ‘‘(B) lack of instruction in math; or ‘‘(C) limited English proficiency. ‘‘(6) SPECIFIC LEARNING DISABILITIES.— ‘‘(A) IN GENERAL.—Notwithstanding section 607(b), when determining whether a child has a specific learning disability as defined in section 602, a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achieve ment and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning. ‘‘(B) ADDITIONAL AUTHORITY.—In determining whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research based intervention as a part of the evaluation procedures described in paragraphs (2) and (3). ‘‘(c) ADDITIONAL REQUIREMENTS FOR EVALUATION AND REEVALUATIONS.— ‘‘(1) REVIEW OF EXISTING EVALUATION DATA.—As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the IEP Team and other quali fied professionals, as appropriate, shall— ‘‘(A) review existing evaluation data on the child, including— ‘‘(i) evaluations and information provided by the parents of the child; ‘‘(ii) current classroom based, local, or State assess ments, and classroom based observations; and ‘‘(iii) observations by teachers and related services providers; and ‘‘(B) on the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine— ‘‘(i) whether the child is a child with a disability as defined in section 602(3), and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs; ‘‘(ii) the present levels of academic achievement and related developmental needs of the child; ‘‘(iii) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and ‘‘(iv) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general education curriculum.

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