§ 70-13-102. Determination of eligibility - Minimum time permitted to attend.

The determination whether a child is eligible for special education and related services shall be the responsibility of the multidisciplinary evaluation team of the school district in which such child has legal residence in accordance with the provisions of the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476 and the rules approved by the State Board of Education.  The eligibility of children with disabilities shall be reevaluated at least once every three (3) years or more frequently if conditions warrant or if the parent or teacher of the child requests an evaluation as required under the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476.

Any child determined to be eligible shall be permitted to receive such special education and related services for a minimum period of twelve (12) years.  Successful completion of a secondary education program must be determined through the individualized education program (IEP) and transcript records of the student.  Eligibility for special education and related services shall cease upon a determination and documentation of graduation or completion of a secondary education program in accordance with the IEP.

Added by Laws 1971, c. 281, § 13-102, eff. July 2, 1971.  Amended by Laws 1993, c. 116, § 2, eff. July 1, 1993.