Kansas › K.A.R. 91-40-11
K.A.R. 91-40-11
The Kansas Special Education Process Handbook, which the Kansas State Department of Education (KSDE) publishes chapter by chapter, reprints K.A.R. 91-40-11 twice, in Chapter 3: Initial Evaluation and Eligibility. What follows is each reprint, quoted verbatim from the captured chapters (tools/packets/kansas-packet.txt), including the PDF text layer's line-wrap artifacts, which are reproduced rather than corrected. Where a reprint crosses a page, the quotation is split at the page break rather than bridged across the running head. The handbook reprints the parts of a section a chapter needs, so a reprint may be an excerpt: this is the handbook's text, not the section as the state publishes it, which is not captured here. All dates on this page are quoted from the source, not a deadline calculation performed for you.
As the handbook reprints it
Printed in: Chapter 3: Initial Evaluation and Eligibility
Heading, as printed: "K.A.R. 91-40-11. Evaluation for specific learning disability; use of response to intervention process."
"(a) If a child is suspected of having a specific learning disability and believed to need special education services because of that disability, the agency shall ensure that the evaluation of the child is made by the child's parent and a group of qualified professionals, including the following individuals:"
"(1) (A) The child's regular education teacher or, if the child does not have a regular education teacher, a regular classroom teacher qualified to teach a child of the child's age; or"
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"(B) for a child of less than school age, an individual who is qualified to teach a child of the child's age; and"
"(2) at least one person qualified to conduct individual diagnostic examinations of children, including a school psychologist, speech- language pathologist, or remedial reading teacher."
Printed in: Chapter 3: Initial Evaluation and Eligibility
Heading, as printed: "K.A.R. 91-40-11. Evaluation for specific learning disability; use of response to intervention process."
"(b) (1) A group evaluating a child for a specific learning disability may determine that the child has that disability only if the following conditions are met:"
"(A) The child does not achieve adequately for the child's age or meet state-approved grade-level standards, if any, in one or more of the following areas, when the child is provided with learning experiences and instruction appropriate for the child's age and grade level:"
"(i) Oral expression;"
"(ii) listening comprehension;"
"(iii) written expression;"
"(iv) basic reading skill;"
"(v) reading fluency skills;"
"(vi) reading comprehension;"
"(vii) mathematics calculation; and"
"(viii) mathematics problem solving; and"
"(B) (i) The child does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the areas identified in paragraph (b)(1)(A) when using a process based on the child's response to scientific, research-based intervention; or"
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"(ii) the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, grade-level standards, or intellectual development that is determined by the group conducting the evaluation to be relevant to the identification of a specific learning disability, using appropriate assessments."
"(2) A child shall not be determined to be a child with a specific learning disability unless the group elevating the child determines that its findings under paragraphs (b)(1))(A) and (B) are not primarily the result of any of the following:"
"(i) A visual, hearing, or motor disability;"
"(ii) mental retardation;"
"(iii) emotional disturbance;"
"(iv) cultural factors;"
"(v) environmental or economic disadvantage; or"
"(vi) limited English proficiency."
"(c) (1) The group evaluating the child shall ensure that the child is observed in the child's learning environment, including the regular classroom setting, to document the child's academic performance and behavior in the areas of difficulty."
"(2) In conducting the observation, the group may employ either of the following procedures:"
"(A) Use information from an observation in routine classroom instruction and monitoring of the child's performance that was done before the child was referred for an evaluation; or"
"(B) have at least one member of the group conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent is obtained."
On this site
This record is one of 33 built from the statute and regulation sections Kansas's handbook chapters reprint. Kansas's page assembles the routes and stated timelines from the same chapters, and lists every record under its source map.
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Source
Kansas Special Education Process Handbook, Chapter 3: Initial Evaluation and Eligibility (PDF), ksde.gov; page footers read 6/12/26; retrieved Aug 29, 2026.
Change log
Sep 30, 2026 · Record created. Built by tools/render-citations.py from tools/packets/kansas-packet.txt (capture of Aug 29, 2026): one record per K.S.A. or K.A.R. section the handbook's chapters reprint under a heading line of their own, carrying every reprint of that section across the captured chapters, in document order. Source 3 of that packet, a 2018 mirror of the whole handbook, is not used: it carries wording KSDE has since rewritten. Text is quoted, not summarized. Reviewer: Carrie Schluter, reviewed 2026-10-01. Corrections on the record in this log: hello@fieldassembly.net.