(b) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part--
(1) If the determinant factor for that determination is--
(i) Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA);
(ii) Lack of appropriate instruction in math; or
(iii) Limited English proficiency; and
(2) If the child does not otherwise meet the eligibility criteria under Sec. 300.8(a).
