Authority:  34 C.F.R. Part 300;  Texas Education Code (TEC); 19 T.A.C. Chapter 89;

Specific Learning Disabilities

     FEDERAL AND STATE  REQUIREMENTS          

CITATIONS

The evaluation is completed by a multidisciplinary team as part of a FULL AND INDIVIDUAL EVALUATION. Document the members of the multidisciplinary team.

89.1040(b)

The multidisciplinary team that collects or reviews evaluation data must include, but is not limited to:

89.1040(b)

•  The child’s regular teacher:

300.540(a)(1)

• OR, if the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age.

300.540(a)(2)

• OR, for a child less than school age, an individual qualified by the state to teach a child of his or her age.

300.540(a)(3)

• At least one person qualified to conduct individual diagnostic examinations of children:

300.540(b)

• A licensed specialist in school psychology (LSSP).

89.1040(b)(1)

• OR, an educational diagnostician.

89.1040(b)(1)

• OR, other appropriately certified or licensed practitioner with experience and training in the area of the disability.

89.1040(b)(1)

Document the observation of the student:

• By at least one team member, other than the child’s regular teacher, of the child’s academic performance in the regular classroom setting.

300.542(a)

• (OR, in the case of a child less than school age or out of school), by a team member in an environment appropriate for a child of that age.

300.540(b)

Determine whether the child does not achieve commensurate with his/her age and ability levels  if provided with learning experiences appropriate for the child’s age and ability levels.

300.541(a)(1)

Determine whether a severe discrepancy exists between achievement and intellectual ability in one or more of the following areas:

300.541(a)(2)
300.7(c)(10)

• Oral Expression.

300.541(a)(2)(i)

• Listening comprehension.

300.541(a)(2)(ii)

• Written expression.

300.541(a)(2)(iii)

• Basic reading skill.

300.541(a)(2)(iv)

• Reading comprehension.

300.541(a)(2)(v)

• Mathematics calculations.

300.541(a)(2)(vi)

• Mathematics reasoning.

300.541(a)(2)(vii)

• There is a lack of appropriate evaluation instruments or the student does not meet the criteria for a severe discrepancy above, but the team believes a severe discrepancy exists.

• Document the area(s) of discrepancy (see areas below).

• Document the basis for determining that the student has a severe discrepancy.

• Include a statement of the degree of the discrepancy between intellectual ability and achievement.

Determine that the severe discrepancy between ability and achievement is not the result of:

300.541(b)

• A visual, hearing, or motor impairment.

300.541(b)(1)

• Mental retardation.

300.541(b)(2)

• Emotional disturbance.

300.541(b)(3)

• Environmental, cultural or economic disadvantage.

300.541(b)(4)

Document the team’s determination of eligibility which must include a statement of:

• Whether the child has a specific learning disability.

300.543(a)(1)

• The basis for making the determination.

300.543(a)(1)

• The relevant behavior noted during the observation of the child.

300.543(a)(3)

• The relationship of that behavior to the child’s academic functioning.

300.543(a)(4)

• The adverse affects on educational performance creating a need for special education (i.e., specially designed instruction) and related services.

• The educationally relevant medical findings, if any.

300.543(a)(5)

• Whether there is a severe discrepancy between achievement and ability that is not correctable without special education and related services.

300.543(a)(6)

• The determination of the team concerning the effects of environmental, cultural, or economic disadvantage.

300.543(a)(7)

Each team member shall certify in writing whether the report reflects his or her conclusion. 

300.543(b)

If the report does not reflect a team member’s conclusion, the team member must submit a separate statement presenting his or her conclusions.

300.543(b)

The determination of whether a student is eligible for special education and related services is made by the student's ARD committee, including the parents.  The district shall ensure that the ARD committee for each student with a disability includes the required members.  All special education and related service personnel shall be certified, endorsed, or licensed in the area or areas of assignments.

300.540
89.1131(a)