Eligibility Determinations
Not a student with a disability if the determinant factor is:
lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in ยง1208(3) of ESEA)
lack of instruction in math, or
limited English proficiency
Speaker Notes:
Section 614(b)(5)
IDEA 2004 amended the special rule for eligibility determinations to clarify that a child can not be determined to have a disability if the determining factor is lack of appropriate instruction in reading, including the essential components of reading instruction as defined in ESEA.
ESEA defines the ESSENTIAL COMPONENTS OF READING INSTRUCTION to mean explicit and systematic instruction in -
(A) phonemic awareness;
(B) phonics;
(C) vocabulary development;
(D) reading fluency, including oral reading skills; and
(E) reading comprehension strategies.