SPECIFIC LEARNING DISABILITY

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SPECIFIC LEARNING DISABILITY

Authorities: 20 USC §§ 1021, 7801; 34 CFR Part 300; and 19 TAC Chapter 89

	FEDERAL AND STATE REQUIREMENTS
Practice	The child must be assessed in all areas of suspected disability. Citations: 300.304(c)(4)
Practice	The group must comply with the EVALUATION PROCEDURES framework.
Practice	In Texas, the group of qualified professionals that determines whether the child is a child with a disability and the educational needs of the child is the child's ADMISSION, REVIEW, AND DISMISSAL COMMITTEE.
	EVALUATION PROCEDURES
Practice	Specific learning disability (SLD) is a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations: Citations: 89.1040(c)(9)(A) 300.8(c)(10)
Practice	The term includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia; and Citations: 89.1040(c)(9)(A) 300.8(c)(10)(i)
Practice	The term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of an intellectual disability, or emotional disturbance, or of environmental, cultural, or economic disadvantage. Citations: 89.1040(c)(9)(A) 300.8(c)(10)(ii)
Practice	Dyslexia is an example of and meets the definition of a specific learning disability. Citations: TEC 29.0031
Document	The group of qualified professionals that collects or reviews evaluation data in connection with the determination of the child's eligibility based on an SLD must include: Citations: 89.1040(c)(9)(E) 300.308
Document	The child's regular teacher; or Citations: 89.1040(c)(9)(E)(i) 300.308(a)(1)
Document	If the child does not have a regular teacher, a regular classroom teacher qualified to teach children of this age; or Citations: 89.1040(c)(9)(E)(ii) 300.308(a)(2)
Document	For a child whose age is less than school age, an individual qualified by the Texas Education Agency to teach children of this age; and Citations: 89.1040(c)(9)(E)(iii) 300.308(a)(3)
Document	At least one person qualified to conduct individual diagnostic examinations of children such as: Citations: 89.1040(c)(9)(E) 300.308(b)
Document	A licensed specialist in school psychology; Citations: 89.1040(c)(9)(E) 300.308(b)
Document	A speech-language pathologist; or Citations: 89.1040(c)(9)(E) 300.308(b)
Document	A remedial reading teacher. Citations: 89.1040(c)(9)(E) 300.308(b)
Practice	If a local education agency (LEA) suspects or has a reason to suspect that a child may have dyslexia, the multidisciplinary evaluation team must include at least one member with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction who: Citations: TEC 29.0031(a) TEC 29.0031(b)
Practice	Holds a licensed dyslexia therapist license; Citations: TEC 29.0031(b)(1)
Practice	Holds the most advanced dyslexia-related certification issued by an association recognized by the State Board of Education (SBOE), and identified in, or substantially similar to an association; or Citations: TEC 29.0031(b)(2)
Practice	If a member is not available with those credentials, the multidisciplinary evaluation team must include a member who meets the applicable training requirements adopted by the SBOE. Citations: TEC 29.0031(b)(3)
Document	The member of the multidisciplinary evaluation team with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction must sign a document describing the member's participation in the evaluation of the child. Citations: TEC 29.0031(c)
	OBSERVATION
Practice	The LEA 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. Citations: 300.310(a) 89.1040(c)(9)(D)
Practice	In determining whether the child has an SLD, the admission, review, and dismissal committee must decide to either: Citations: 89.1040(c)(9)(D) 300.310(b)
Practice	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 Citations: 89.1040(c)(9)(D) 300.310(b)(1)
Practice	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 CONSENT is obtained from the PARENT. Citations: 89.1040(c)(9)(D) 300.310(b)(2) 300.300(a)
Document	For the child less than school age or out of school, a member of the group of qualified professionals must observe the child in an environment appropriate for a child of that age. Citations: 89.1040(c)(9)(D) 300.310(c)
Document	The documentation of the determination of an SLD eligibility must contain a statement of: Citations: 300.311(a)
Document	The relevant behavior, if any, noted during the observation of the child; and Citations: 300.311(a)(3)
Document	The relationship of that behavior to the child's academic functioning. Citations: 300.311(a)(3)
	DETERMINANT FACTORS
Practice	As part of the evaluation, and in order to ensure that underachievement by the child suspected of having an SLD is not due to lack of appropriate instruction in reading or math, the group of qualified professionals must consider: Citations: 89.1040(c)(9)(C) 300.309(b)
Practice	Data that demonstrates the child was provided appropriate instruction in reading and/or math in the general education settings delivered by qualified personnel; and Citations: 89.1040(c)(9)(C)(i) 300.309(b)(1) 20 USC 1021(7)
Practice	Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of progress of the child during instruction, which was provided to the parent of the child. Data-based documentation of repeated assessments may include, but is not limited to: Citations: 89.1040(c)(9)(C)(ii) 300.309(b)(2)
Practice	Response to intervention (RtI) progress monitoring results; Citations: 89.1040(c)(9)(C)(ii)
Practice	In-class tests on grade-level curriculum; or Citations: 89.1040(c)(9)(C)(ii)
Practice	Other regularly administered assessments. Citations: 89.1040(c)(9)(C)(ii)
Practice	Intervals are considered reasonable if consistent with the assessment requirements of the child's specific instructional program. Citations: 89.1040(c)(9)(C)(ii)
	PARTICIPATION IN THE RTI PROCESS
Document	If the child suspected of having an SLD participated in a process that assesses the child's response to evidence-based intervention, the documentation of the determination of eligibility must contain a statement of: Citations: 300.311(a)(7)
Document	The instructional strategies used and the child-centered data collected; and Citations: 300.311(a)(7)(i)
Document	The documentation that the parent of the child was notified about: Citations: 300.311(a)(7)(ii)
Document	The state's policies regarding the amount and nature of performance data of the child that would be collected, and the general education services that would be provided; Citations: 300.311(a)(7)(ii)(A)
Document	Strategies for increasing the child's rate of learning; and Citations: 300.311(a)(7)(ii)(B)
Document	The parent's right to request an evaluation. Citations: 300.311(a)(7)(ii)(C)
	ELIGIBILITY CRITERIA
Document	A child with an SLD impairment is one: Citations: 89.1040(c)(9)(B) 300.309(a)
Document	Who has been determined through a variety of assessment tools and strategies to meet the criteria for the SLD stated above; Citations: 89.1040(c)(9)(B)(i)
Document	Who does not achieve adequately for the child's age or to meet state-approved grade-level standards, in one or more of the following areas: Citations: 89.1040(c)(9)(B)(ii) 300.309(a)(1)
Document	Oral expression; Citations: 89.1040(c)(9)(B)(ii)(I) 300.309(a)(1)(i)
Document	Written expression; Citations: 89.1040(c)(9)(B)(ii)(III) 300.309(a)(1)(iii)
Document	Listening comprehension; Citations: 89.1040(c)(9)(B)(ii)(II) 300.309(a)(1)(ii)
Document	Basic reading skills; Citations: 89.1040(c)(9)(B)(ii)(IV) 300.309(a)(1)(iv)
Document	Reading fluency skills; Citations: 89.1040(c)(9)(B)(ii)(V) 300.309(a)(1)(v)
Document	Reading comprehension; Citations: 89.1040(c)(9)(B)(ii)(VI) 300.309(a)(1)(vi)
Document	Mathematics calculation; or Citations: 89.1040(c)(9)(B)(ii)(VII) 300.309(a)(1)(vii)
Document	Mathematics problem-solving; Citations: 89.1040(c)(9)(B)(ii)(VIII) 300.309(a)(1)(viii)
Practice	Whose lack of adequate achievement is indicated by performance on multiple measures such as: Citations: 89.1040(c)(9)(B)(ii)
Practice	In-class tests; Citations: 89.1040(c)(9)(B)(ii)
Practice	Grade average over time (e.g., six weeks, semester); Citations: 89.1040(c)(9)(B)(ii)
Practice	Norm- or criterion-referenced tests; Citations: 89.1040(c)(9)(B)(ii)
Practice	Statewide assessments; or Citations: 89.1040(c)(9)(B)(ii)
Practice	A process based on the child's response to evidence-based intervention; Citations: 89.1040(c)(9)(B)(iii)(I)
Practice	Who does not make sufficient progress under the additional criteria of the RtI Model or the child meets the additional criteria under the Pattern of Strengths and Weaknesses Model. Citations: 89.1040(c)(9)(B)(ii)
	RTI MODEL
Practice	When applying the RtI Model, a finding that the child meets the Eligibility Criteria for an SLD must include a determination that, when provided a process based on the child's response to evidence-based intervention, the child did not make sufficient progress to meet age or state-approved grade-level standards in one or more of these areas: Citations: 89.1040(c)(9)(B)(iii)(I) 300.309(a)(2)(i) 300.311(a)
Document	Oral expression; Citations: 89.1040(c)(9)(B)(ii)(I) 89.1040(c)(9)(B)(iii)(I)
Document	Listening comprehension; Citations: 89.1040(c)(9)(B)(ii)(II) 89.1040(c)(9)(B)(iii)(I)
Document	Written expression; Citations: 89.1040(c)(9)(B)(ii)(III) 89.1040(c)(9)(B)(iii)(I)
Document	Basic reading; Citations: 89.1040(c)(9)(B)(ii)(IV) 89.1040(c)(9)(B)(iii)(I)
Document	Reading fluency skills; Citations: 89.1040(c)(9)(B)(ii)(V) 89.1040(c)(9)(B)(iii)(I)
Document	Reading comprehension; Citations: 89.1040(c)(9)(B)(ii)(VI) 89.1040(c)(9)(B)(iii)(I)
Document	Mathematics calculation; or Citations: 89.1040(c)(9)(B)(ii)(VII) 89.1040(c)(9)(B)(iii)(I)
Document	Mathematics problem solving. Citations: 89.1040(c)(9)(B)(ii)(VIII) 89.1040(c)(9)(B)(iii)(I)
	PATTERN OF STRENGTHS AND WEAKNESSES
Practice	When applying the pattern of strengths and weaknesses model, to find that the child meets the ELIGIBILITY CRITERIA for an SLD, a determination must be made that: Citations: 89.1040(c)(9)(B)(iii)(I)
Practice	The child exhibits a pattern of strengths and weaknesses in: Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Performance; Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Achievement; or Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Both; Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	The pattern is relative to: Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Age; Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	State-approved grade-level standards; or Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Intellectual development; and Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	The pattern is relevant to the identification of an SLD using appropriate assessments. Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
	EXCLUSIONARY FACTORS
Document	The documentation of an SLD eligibility must contain a statement of the determination of the group of qualified professionals concerning the effects on the child's achievement level of: Citations: 89.1040(c)(9)(B)(iii)(II) 300.311(a)(6)
Document	A visual, hearing, or motor disability; Citations: 89.1040(c)(9)(B)(iv)(I) 300.311(a)(6)
Document	An intellectual disability; Citations: 89.1040(c)(9)(B)(iv)(II) 300.311(a)(6)
Document	Emotional disturbance; Citations: 89.1040(c)(9)(B)(iv)(III) 300.311(a)(6)
Document	Cultural factors; Citations: 89.1040(c)(9)(B)(iv)(IV) 300.311(a)(6)
Document	Environmental or economic disadvantage; or Citations: 89.1040(c)(9)(B)(iv)(V) 300.311(a)(6)
Document	Limited English proficiency. Citations: 89.1040(c)(9)(B)(iv)(VI) 300.311(a)(6) 300.27 20 USC 7801(20)
Document	The group of qualified professionals must determine that its findings are not primarily the result of: Citations: 89.1040(c)(9)(A) 300.309(a)(3)
Document	A visual, hearing, or motor disability; Citations: 89.1040(c)(9)(B)(iv)(I) 300.309(a)(3)(i)
Document	An intellectual disability; Citations: 89.1040(c)(9)(B)(iv)(II) 300.309(a)(3)(ii)
Document	Emotional disturbance; Citations: 89.1040(c)(9)(B)(iv)(III) 300.309(a)(3)(iii)
Document	Cultural factors; Citations: 89.1040(c)(9)(B)(iv)(IV) 300.309(a)(3)(iv)
Document	Environmental or economic disadvantage; or Citations: 89.1040(c)(9)(B)(iv)(V) 300.309(a)(3)(v)
Document	Limited English proficiency. Citations: 89.1040(c)(9)(B)(iv)(VI) 300.309(a)(3)(vi) 300.27 20 USC 7801(20)
	ADDITIONAL DOCUMENTATION
Document	The documentation of the determination of eligibility must contain a statement of: Citations: 300.311(a)
Document	Whether the child has an SLD; Citations: 300.311(a)(1)
Document	The basis for making the determination, including an assurance that the determination has been made in accordance with EVALUATION PROCEDURES; and Citations: 300.311(a)(2)
Document	The educationally relevant medical findings, if any. Citations: 300.311(a)(4)
Document	Each member of the group of qualified professionals must certify in writing whether the report reflects the member's conclusion. Citations: 300.311(b)
Document	If the report does not reflect a group member's conclusion, that group member must submit a separate statement presenting the member's conclusion. Citations: 300.311(b)
Practice	Whose lack of adequate performance is not primarily the result of Exclusionary Factors; and Citations: 300.309(a)(3)
Practice	Whose lack of adequate achievement is not due to Determinant Factors. Citations: 300.309(b)

Last Updated : Mon, Apr 01, 2024

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Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) Dyslexia is an example of and meets the definition of a specific learning disability under the Individuals with Disabilities Education Act (20 U.S.C. Section 1401(30)). If a district suspects or has a reason to suspect that a student may have dyslexia, including after evaluation or use of a reading diagnosis under Section 28.006 or 38.003, and that the student may be a child with a disability under the Individuals with Disabilities Education Act (20 U.S.C. Section 1401(3)), the district must:

(1) provide to the student's parent or a person standing in parental relation to the student a form developed by the agency explaining the rights available under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) that may be additional to the rights available under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);

(2) comply with all federal and state requirements, including the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders, as adopted by the State Board of Education, and its subsequent amendments, regarding any evaluation of the student; and

(3) if the student is evaluated for dyslexia or a related disorder, also evaluate the student in any other areas in which the district suspects the student may have a disability.

(b) The multidisciplinary evaluation team and any subsequent team convened to determine a student's eligibility for special education and related services must include at least one member with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction. The member must:

(1) hold a licensed dyslexia therapist license under Chapter 403, Occupations Code;

(2) hold the most advanced dyslexia-related certification issued by an association recognized by the State Board of Education, and identified in, or substantially similar to an association identified in, the program and rules adopted under Sections 7.102 and 38.003; or

(3) if a person qualified under Subdivision (1) or (2) is not available, meet the applicable training requirements adopted by the State Board of Education pursuant to Sections 7.102 and 38.003.

(c) A member of a multidisciplinary evaluation team and any subsequent team convened to determine a student's eligibility for special education and related services as described by Subsection (b) must sign a document describing the member's participation in the evaluation of a student described by that subsection and any resulting individualized education program developed for the student.

(d) At least once each grading period, and more often if provided for in a student's individualized education program, a school district shall provide the parent of or person standing in parental relation to a student receiving dyslexia instruction with information regarding the student's progress as a result of the student receiving that instruction.

Added by Acts 2023, 88th Leg., R.S., Ch. 542 (H.B. 3928), Sec. 3, eff. June 10, 2023.

34 Code of Federal Regulations § 300.311 Specific documentation for the eligibility determination.

(a) For a child suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in §300.306(a)(2), must contain a statement of—
    (1) Whether the child has a specific learning disability;
   (2) The basis for making the determination, including an assurance that the determination has been made in accordance with §300.306(c)(1);
   (3) The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child’s academic functioning;
   (4) The educationally relevant medical findings, if any;
   (5) Whether—
       (i) The child does not achieve adequately for the child’s age or to meet State-approved grade-level standards consistent with §300.309(a)(1); and
      (ii)
          (A) The child does not make sufficient progress to meet age or State-approved grade-level standards consistent with §300.309(a)(2)(i); or
          (B) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development consistent with §300.309(a)(2)(ii);
    (6) The determination of the group concerning the effects of a visual, hearing, motor disability, or an intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level; and
   (7) If the child has participated in a process that assesses the child’s response to scientific, research-based intervention—
       (i) The instructional strategies used and the student-centered data collected; and
      (ii) The documentation that the child’s parents were notified about—
         (A) The State’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;
         (B) Strategies for increasing the child’s rate of learning; and
         (C) The parents’ right to request an evaluation.
. . .

Last Amended: 82 FR 31913, July 11, 2017
Entered: Aug. 7, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . .
(c) Eligibility definitions.
. . .
(9) Specific learning disability.
. . .
(B) A student with a specific learning disability is one who:

(i) has been determined through a variety of assessment tools and strategies to meet the criteria for a specific learning disability as stated in 34 CFR, §300.8(c)(10), in accordance with the provisions in 34 CFR, §§300.307-300.311;

(ii) when provided with learning experiences and instruction appropriate for the student's age or state-approved grade-level standards as indicated by performance on multiple measures such as in-class tests, grade average over time (e.g. six weeks or semester), norm- or criterion-referenced tests, and statewide assessments, does not achieve adequately for the student's age or to meet state-approved grade-level standards in one or more of the following areas:

(I) oral expression;

(II) listening comprehension;

(III) written expression;

(IV) basic reading skill;

(V) reading fluency skills;

(VI) reading comprehension;

(VII) mathematics calculation; or

(VIII) mathematics problem solving;

(iii) meets one of the following criteria:

(I) does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the areas identified in clause (ii)(I)-(VIII) of this subparagraph when using a process based on the student's response to scientific, research-based intervention; or

(II) exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, state-approved grade-level standards, or intellectual development that is determined to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with 34 CFR, §300.304 and §300.305; and

(iv) does not meet the findings under clauses (ii) and (iii) of this subparagraph primarily as the result of:

(I) a visual, hearing, or motor disability;

(II) an intellectual disability;

(III) emotional disturbance;

(IV) cultural factors;

(V) environmental or economic disadvantage; or

(VI) limited English proficiency.

. . .

Last Amended: June 7, 2022, 47 TexReg 3248
Entered: June 9, 2022