Cognitive Disability

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511 IAC 7-41-3 Cognitive disability

Sec. 3. (a) A cognitive disability:

(1) is manifested during the developmental period;

(2) is characterized by significant limitations in cognitive functioning; 

(3) is demonstrated through limitations in adaptive behavior; and

(4) adversely affects educational performance.

(b) A student with a mild cognitive disability has cognitive functioning that generally: 

(1) falls two (2) standard deviations below the mean; and

(2) manifests delays in adaptive behavior consistent with the mild cognitive disability.

(c) A student with a moderate cognitive disability has cognitive functioning that generally: 

(1) falls three (3) standard deviations below the mean; and

(2) manifests delays in adaptive behavior consistent with the moderate cognitive disability.

(d) A student with a severe cognitive disability has cognitive functioning and adaptive behavior skills that generally:

(1) falls four (4) or more standard deviations below the mean; and

(2) manifests delays in adaptive behavior consistent with the severe cognitive disability.

(e) Eligibility for special education as a student with a cognitive disability shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the following:

(A) Cognitive ability and functioning that must include at least one (1) of the following:

(i) An individually administered norm-referenced assessment.

(ii) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

(AA) has been designed or may be adapted or modified for use with students who have a cognitive disability; and

(BB) is administered by a professional or team of professionals with knowledge of assessment strategies appropriate for the student.

(B) Current academic achievement as defined at 511 IAC 7-32-2.

(C) Functional skills or adaptive behavior across various environments from multiple sources. 

(2) A social and developmental history that may include, but is not limited to, the following:

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(3) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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