- The child does not achieve commensurate with his or her age and
ability levels in
one or more areas listed in B below if provided with learning experiences
appropriate for the child’s age and ability level;
- The child displays observable characteristics that indicate deficits
in basic
psychological processing in one or more of the following academic
areas.
- Basic reading skill
- Mathematics reasoning
- Reading comprehension
- Written expression
- Oral expression
- Mathematics calculation
- Listening comprehension
In determining whether a child has a specific learning disability, a
responsible public agency may use a process that determines if the child
responds to scientific, researchbased intervention as a part of the
evaluation procedures or may require a severe discrepancy between achievement
and intellectual ability (of 1.5 standard deviation).
- The child’s learning disability is not PRIMARILY the result
of:
- A visual, hearing, or motor disability;
- Mental retardation;
- Emotional disturbance or;
- Environmental, cultural or economic disadvantage.
Professional Judgment
If a responsible public agency uses a severe discrepancy method: A child
who does not
display a discrepancy of at least 1.5 standard deviations as defined in
B above, may
nonetheless be deemed to have a specific learning disability if 1) the
child meets the
other criteria of this rule; and 2) based upon professional judgment and
review of
formal and informal assessments, the evaluation team concludes that a
severe
discrepancy exists. In such cases, sufficient data must be presented in
the evaluation
report to document the existence of a specific learning disability.
If the agency does not use a severe discrepancy method, professional judgment
can
only be used if the child does not respond to scientific, research-based
intervention.