---
kind: "section"
citation: "34 C.F.R. § 300.311"
title: "34"
number: "300.311"
heading: "Specific documentation for the eligibility determination."
url: "https://uscodex.org/cfr/34/300.311"
---

# §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)](/cfr/34/300.306.md?p=a-2), must contain a statement of—
  - (1) Whether the child has a specific learning disability;
  - (2) The basis for making the determination, including an assurance that the determination has been made in accordance with [§ 300.306(c)(1)](/cfr/34/300.306.md?p=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;
  - (4) The educationally relevant medical findings, if any;
  - (5) **Whether—**
    - (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)](/cfr/34/300.309.md?p=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)](/cfr/34/300.309.md?p=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)](/cfr/34/300.309.md?p=a-2-ii);
  - (6) The determination of the group concerning the effects of a visual, hearing, motor disability, or an intellectual disability; 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—
    - (i) The instructional strategies used and the student-centered data collected; and
    - (ii) **The documentation that the child's parents were notified about—**
      - (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) Strategies for increasing the child's rate of learning; and
      - (C) **The parents' right to request an evaluation.**
- (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.

## Notes

### Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31913, July 11, 2017]

### Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.

### Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31913, July 11, 2017]