Section 281.41.310. Observation.

       41.310(1) Observation required. The public agency must 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.

       41.310(2) Who must observe. The group described in 41.306(1)“a,” in determining whether a child has a specific learning disability, must decide to:

        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, consistent with rules 281—41.306(256B,34CFR300), 281—41.309(256B,34CFR300), 281—41.312(256B,34CFR300) and 281—41.313(256B,34CFR300); or

        b.           Have at least one member of the group described in 41.306(1)“a” 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, consistent with subrule 41.300(1), is obtained.

       41.310(3) Child less than school age or out of school. In the case of a child of less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age. This subrule also applies to school-age children who must be evaluated during school breaks.