Section 11.35. Determination of eligibility.

 

(1)  An evaluation conducted by an IEP team under s. 115.782 , Stats., shall focus on the consideration of information and activities that assist the IEP team in determining how to teach the child in the way he or she is most capable of learning. Specifically, the IEP team shall meet the evaluation criteria specified under s. 115.782 (2) (a) , Stats., when conducting tests and using other evaluation materials in determining a child's disability.

(2)  A child shall be identified as having a disability if the IEP team has determined from an evaluation conducted under s. 115.782 , Stats., that the child has an impairment under s. PI 11.36 that adversely affects the child's educational performance, and the child, as a result thereof, needs special education and related services.

(3)  As part of an evaluation or reevaluation under s. 115.782 , Stats., conducted by the IEP team in determining whether a child is or continues to be a child with a disability, the IEP team shall identify all of the following:

(a) The child's needs that cannot be met through the regular education program as structured at the time the evaluation was conducted.

(b) Modifications, if any, that can be made in the regular education program, such as adaptation of content, methodology or delivery of instruction to meet the child's needs identified under par. (a) , that will allow the child to access the general education curriculum and meet the educational standards that apply to all children.

(c) Additions or modifications, if any, that the child needs which are not provided through the general education curriculum, including replacement content, expanded core curriculum or other supports.

Cr. Register, May, 1977, No. 257 , eff. 6-1-77; am. (2) (intro.), Register, February, 1983, No. 326 , eff. 3-1-83; r. (2) (c), renum. (2) (d) to (i) to be (2) (c) to (h), Register, September, 1986, No. 369 , eff. 10-1-86; renum. from PI 11.34, Register, May, 1990, No. 413 , eff. 6-1-90; r. and recr. (2) (b), cr. (2) (i) to (k), Register, April, 1995, No. 472 , eff. 5-1-95; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1996, No. 483 ; emerg. cr. (2) (L), eff. 6-25-96; cr. (2) (L), Register, January, 1997, No. 493 , eff. 2-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533 ; r. (1m), (2) (intro.), (a), (ad), (c) to (h), renum. (2) (b) to be PI 11.36 (2) and (2) (i) to (L) to be PI 11.36 (8) to (11), cr. (2) and (3), Register, December, 2000, No. 540 , eff. 7-1-01.