Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.304  Evaluation procedures. 

. . . 
(c) Other evaluation procedures. Each public agency must ensure that— 
     . . . 
    (4) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities; 
     . . . 


Last Amended:  71 FR 46785, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(9) Specific learning disability.
(A) Specific learning disability means 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 do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; intellectual disability; emotional disability; or environmental, cultural, or economic disadvantage.
. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . .   
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
    . . . 
   (10) Specific learning disability— 
       (i) General. Specific learning disability means 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, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. 
       (ii) Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(9) Specific learning disability.
(A) Specific learning disability means 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 do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; intellectual disability; emotional disability; or environmental, cultural, or economic disadvantage.
. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (10) Specific learning disability— 
       (i) General. Specific learning disability means 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, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(9) Specific learning disability.
(A) Specific learning disability means 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 do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; intellectual disability; emotional disability; or environmental, cultural, or economic disadvantage.
. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . .   
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (10) Specific learning disability— 
. . .  
       (ii) Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

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.

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.308  Additional group members. 

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of qualified professionals, which must include— 

(a)
   (1) The child’s regular teacher; or 
   (2) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or 
   (3) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and 
   
   (b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.


Last Amended:  71 FR 46786, Aug. 14, 2006
Entered:  June 8, 2009
SBS

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:

      (i) the student's general education teacher;

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.308  Additional group members. 

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of qualified professionals, which must include— 

(a)
    (1) The child’s regular teacher; or 
. . . 


Last Amended:  71 FR 46786, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(E) The determination of whether a student suspected of having a specific learning disability is a student with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:
           (i) the student's regular teacher;
        . . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:

...

(ii) if the student does not have a general education teacher, a general education classroom teacher qualified to teach a student of his or her age; or

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.308  Additional group members. 

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of qualified professionals, which must include— 

(a)
    . . . 
    (2) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or 
. . . 


Last Amended:  71 FR 46786, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(E) The determination of whether a student suspected of having a specific learning disability is a student with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:
      . . .
     (ii) if the student does not have a regular teacher, a regular classroom teacher qualified to teach a student of his or her age; or
      . . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

   ...

(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:

...

(iii) for a student of less than school age, an individual qualified by the Texas Education Agency to teach a student of his or her age.

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.308  Additional group members. 

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of qualified professionals, which must include— 

(a)
. . . 
    (3) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and 
. . . 


Last Amended:  71 FR 46786, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(E) The determination of whether a student suspected of having a specific learning disability is a student with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:
. . .
    (iii) for a student of less than school age, an individual qualified by the Texas Education Agency to teach a student of his or her age.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.308  Additional group members. 

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of qualified professionals, which must include— 

. . .    
   (b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. 


Last Amended:  71 FR 46786, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.308  Additional group members. 

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of qualified professionals, which must include— 

. . .    
   (b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. 


Last Amended:  71 FR 46786, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.308  Additional group members. 

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of qualified professionals, which must include— 

. . .    
   (b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. 


Last Amended:  71 FR 46786, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.308  Additional group members. 

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of qualified professionals, which must include— 

. . .    
   (b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. 


Last Amended:  71 FR 46786, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(F) The determination of whether a student suspected of having a specific learning disability is a child with a disability as defined in 34 CFR, §300.8, must be made by the student's parents and a team of qualified professionals, which must include at least one person qualified to conduct individual diagnostic examinations of children such as a licensed specialist in school psychology/school psychologist, an educational diagnostician, a speech-language pathologist, or a remedial reading teacher and one of the following:

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.308  Additional group members. 

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8, must be made by the child’s parents and a team of qualified professionals, which must include— 

. . .    
   (b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. 


Last Amended:  71 FR 46786, Aug. 14, 2006
Entered:  June 8, 2009

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.

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

Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS.

(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.

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

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . .

 (G) Suspicion, and the identification, of dyslexia or dysgraphia, in addition to the requirements of subparagraphs (A)-(F) of this paragraph, must include consideration of the following:

      (i) when the specific learning disability of dyslexia is suspected or characteristics of dyslexia have been observed from a reading instrument administered under TEC, §28.006, or a dyslexia screener under TEC, §38.003, the team established under subsections (b) and (c)(9)(F) of this section must include a professional who meets the requirements under TEC, §29.0031(b), and §74.28 of this title (relating to Students with Dyslexia and Related Disorders), including any handbook adopted in the rule;

(ii) an evaluation for dyslexia or dysgraphia must include all of the domains or other requirements listed in TEC, §38.003, and §74.28 of this title, including any handbook adopted in the rule;

(iii) when identifying dyslexia and determining eligibility or continued eligibility for special education and related services, the admission, review, and dismissal (ARD) committee must include a professional who meets the requirements of TEC, §29.0031(b), and §74.28 of this title, including any handbook adopted in the rule; and

      (iv) when a student is identified with dyslexia and/or dysgraphia, the terms dyslexia and/or dysgraphia, as appropriate, must be used in a student's evaluation report. For formal eligibility purposes under special education, the category of specific learning disability will be reported by a school district.

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS.

(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;

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

19 Texas Administrative Code § 74.28. Students with Dyslexia and Related Disorders.

(a) In order to support and maintain full educational opportunity for students with dyslexia and related disorders and consistent with federal and state law, school districts and open-enrollment charter schools shall provide each student with dyslexia or a related disorder access to each program under which the student qualifies for services.

(b) The board of trustees of a school district or the governing body of an open-enrollment charter school must ensure that procedures for identifying a student with dyslexia or a related disorder and for providing appropriate, evidence-based instructional services to the student are implemented in the district. 

(c) A school district's or open-enrollment charter school's procedures must be implemented according to the State Board of Education (SBOE) approved strategies for screening, individualized evaluation, and techniques for treating dyslexia and related disorders. The strategies and techniques are described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders" provided in this subsection. The handbook is a set of guidelines for school districts and open-enrollment charter schools that may be modified by the SBOE only with broad-based dialogue that includes input from educators and professionals in the field of reading and dyslexia and related disorders from across the state.

(d) Screening as described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders" and further evaluation should only be conducted by individuals who are trained in valid, evidence-based assessments and who are trained to appropriately evaluate students for dyslexia and related disorders.

(e) A school district or open-enrollment charter school shall purchase a reading program or develop its own evidence-based reading program for students with dyslexia and related disorders that is aligned with the descriptors found in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." Teachers who screen and treat these students must be trained in instructional strategies that use individualized, intensive, multisensory, phonetic methods and a variety of writing and spelling components described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." The professional development activities specified by each open-enrollment charter school and district and/or campus planning and decision making committee shall include these instructional strategies.

(f) At least five school days before any evaluation or identification procedure is used selectively with an individual student, the school district or open-enrollment charter school must provide written notification to the student's parent or guardian or another person standing in parental relation to the student of the proposed identification or evaluation. The notice must be in English, or to the extent practicable, the individual's native language and must include the following:
(1) a reasonable description of the evaluation procedure to be used with the individual student;
(2) information related to any instructional intervention or strategy used to assist the student prior to evaluation;
(3) an estimated time frame within which the evaluation will be completed; and
(4) specific contact information for the campus point of contact, relevant Parent Training and Information Projects, and any other appropriate parent resources.

(g) Before a full individual and initial evaluation is conducted to determine whether a student has a disability under the Individuals with Disabilities Education Act (IDEA), the school district or open-enrollment charter school must notify the student's parent or guardian or another person standing in parental relation to the student of its proposal to conduct an evaluation consistent with 34 Code of Federal Regulations (CFR), §300.503, provide all information required under subsection (f) of this section, and provide:
(1) a copy of the procedural safeguards notice required by 34 CFR, §300.504;
(2) an opportunity to give written consent for the evaluation; and
(3) a copy of information required under Texas Education Code (TEC), §26.0081.

(h) Parents/guardians of a student with dyslexia or a related disorder must be informed of all services and options available to the student, including general education interventions under response to intervention and multi-tiered systems of support models as required by TEC, §26.0081(d), and options under federal law, including IDEA and the Rehabilitation Act, §504.

(i) Each school or open-enrollment charter school must provide each identified student access at his or her campus to instructional programs required in subsection (e) of this section and to the services of a teacher trained in dyslexia and related disorders. The school district or open-enrollment charter school may, with the approval of each student's parents or guardians, offer additional services at a centralized location. Such centralized services shall not preclude each student from receiving services at his or her campus.

(j) Because early intervention is critical, a process for early identification, intervention, and support for students at risk for dyslexia and related disorders must be available in each district and open-enrollment charter school as outlined in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." School districts and open-enrollment charter schools may not use early intervention strategies, including multi-tiered systems of support, to delay or deny the provision of a full and individual evaluation to a child suspected of having a specific learning disability, including dyslexia or a related disorder.

(k) Each school district and open-enrollment charter school shall report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the results of the screening for dyslexia and related disorders required for each student in Kindergarten and each student in Grade 1 in accordance with TEC, §38.003(a).

(l) Each school district and open-enrollment charter school shall provide a parent education program for parents/guardians of students with dyslexia and related disorders. This program must include:
(1) awareness and characteristics of dyslexia and related disorders;
(2) information on testing and diagnosis of dyslexia and related disorders;
(3) information on effective strategies for teaching students with dyslexia and related disorders;
(4) information on qualifications of those delivering services to students with dyslexia and related disorders;
(5) awareness of information on accommodations and modifications, especially those allowed for standardized testing;
(6) information on eligibility, evaluation requests, and services available under IDEA and the Rehabilitation Act, §504, and information on the response to intervention process; and
(7) contact information for the relevant regional and/or school district or open-enrollment charter school specialists.

(m) School districts and open-enrollment charter schools shall provide to parents of children suspected to have dyslexia or a related disorder a copy or a link to the electronic version of the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders."

(n) School districts and open-enrollment charter schools will be subject to monitoring for compliance with federal law and regulations in connection with this section.
School districts and open-enrollment charter schools will be subject to auditing and monitoring for compliance with state dyslexia laws in accordance with administrative rules adopted by the commissioner of education as required by TEC, §38.003(c-1).

Last Amended:  February 10, 2022, 47 TexReg 504
Entered: February 22, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . .

 (G) Suspicion, and the identification, of dyslexia or dysgraphia, in addition to the requirements of subparagraphs (A)-(F) of this paragraph, must include consideration of the following:

      (i) when the specific learning disability of dyslexia is suspected or characteristics of dyslexia have been observed from a reading instrument administered under TEC, §28.006, or a dyslexia screener under TEC, §38.003, the team established under subsections (b) and (c)(9)(F) of this section must include a professional who meets the requirements under TEC, §29.0031(b), and §74.28 of this title (relating to Students with Dyslexia and Related Disorders), including any handbook adopted in the rule;

(ii) an evaluation for dyslexia or dysgraphia must include all of the domains or other requirements listed in TEC, §38.003, and §74.28 of this title, including any handbook adopted in the rule;

(iii) when identifying dyslexia and determining eligibility or continued eligibility for special education and related services, the admission, review, and dismissal (ARD) committee must include a professional who meets the requirements of TEC, §29.0031(b), and §74.28 of this title, including any handbook adopted in the rule; and

      (iv) when a student is identified with dyslexia and/or dysgraphia, the terms dyslexia and/or dysgraphia, as appropriate, must be used in a student's evaluation report. For formal eligibility purposes under special education, the category of specific learning disability will be reported by a school district.

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS.

(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:

...

(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;

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

19 Texas Administrative Code § 74.28. Students with Dyslexia and Related Disorders.

(a) In order to support and maintain full educational opportunity for students with dyslexia and related disorders and consistent with federal and state law, school districts and open-enrollment charter schools shall provide each student with dyslexia or a related disorder access to each program under which the student qualifies for services.

(b) The board of trustees of a school district or the governing body of an open-enrollment charter school must ensure that procedures for identifying a student with dyslexia or a related disorder and for providing appropriate, evidence-based instructional services to the student are implemented in the district. 

(c) A school district's or open-enrollment charter school's procedures must be implemented according to the State Board of Education (SBOE) approved strategies for screening, individualized evaluation, and techniques for treating dyslexia and related disorders. The strategies and techniques are described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders" provided in this subsection. The handbook is a set of guidelines for school districts and open-enrollment charter schools that may be modified by the SBOE only with broad-based dialogue that includes input from educators and professionals in the field of reading and dyslexia and related disorders from across the state.

(d) Screening as described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders" and further evaluation should only be conducted by individuals who are trained in valid, evidence-based assessments and who are trained to appropriately evaluate students for dyslexia and related disorders.

(e) A school district or open-enrollment charter school shall purchase a reading program or develop its own evidence-based reading program for students with dyslexia and related disorders that is aligned with the descriptors found in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." Teachers who screen and treat these students must be trained in instructional strategies that use individualized, intensive, multisensory, phonetic methods and a variety of writing and spelling components described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." The professional development activities specified by each open-enrollment charter school and district and/or campus planning and decision making committee shall include these instructional strategies.

(f) At least five school days before any evaluation or identification procedure is used selectively with an individual student, the school district or open-enrollment charter school must provide written notification to the student's parent or guardian or another person standing in parental relation to the student of the proposed identification or evaluation. The notice must be in English, or to the extent practicable, the individual's native language and must include the following:
(1) a reasonable description of the evaluation procedure to be used with the individual student;
(2) information related to any instructional intervention or strategy used to assist the student prior to evaluation;
(3) an estimated time frame within which the evaluation will be completed; and
(4) specific contact information for the campus point of contact, relevant Parent Training and Information Projects, and any other appropriate parent resources.

(g) Before a full individual and initial evaluation is conducted to determine whether a student has a disability under the Individuals with Disabilities Education Act (IDEA), the school district or open-enrollment charter school must notify the student's parent or guardian or another person standing in parental relation to the student of its proposal to conduct an evaluation consistent with 34 Code of Federal Regulations (CFR), §300.503, provide all information required under subsection (f) of this section, and provide:
(1) a copy of the procedural safeguards notice required by 34 CFR, §300.504;
(2) an opportunity to give written consent for the evaluation; and
(3) a copy of information required under Texas Education Code (TEC), §26.0081.

(h) Parents/guardians of a student with dyslexia or a related disorder must be informed of all services and options available to the student, including general education interventions under response to intervention and multi-tiered systems of support models as required by TEC, §26.0081(d), and options under federal law, including IDEA and the Rehabilitation Act, §504.

(i) Each school or open-enrollment charter school must provide each identified student access at his or her campus to instructional programs required in subsection (e) of this section and to the services of a teacher trained in dyslexia and related disorders. The school district or open-enrollment charter school may, with the approval of each student's parents or guardians, offer additional services at a centralized location. Such centralized services shall not preclude each student from receiving services at his or her campus.

(j) Because early intervention is critical, a process for early identification, intervention, and support for students at risk for dyslexia and related disorders must be available in each district and open-enrollment charter school as outlined in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." School districts and open-enrollment charter schools may not use early intervention strategies, including multi-tiered systems of support, to delay or deny the provision of a full and individual evaluation to a child suspected of having a specific learning disability, including dyslexia or a related disorder.

(k) Each school district and open-enrollment charter school shall report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the results of the screening for dyslexia and related disorders required for each student in Kindergarten and each student in Grade 1 in accordance with TEC, §38.003(a).

(l) Each school district and open-enrollment charter school shall provide a parent education program for parents/guardians of students with dyslexia and related disorders. This program must include:
(1) awareness and characteristics of dyslexia and related disorders;
(2) information on testing and diagnosis of dyslexia and related disorders;
(3) information on effective strategies for teaching students with dyslexia and related disorders;
(4) information on qualifications of those delivering services to students with dyslexia and related disorders;
(5) awareness of information on accommodations and modifications, especially those allowed for standardized testing;
(6) information on eligibility, evaluation requests, and services available under IDEA and the Rehabilitation Act, §504, and information on the response to intervention process; and
(7) contact information for the relevant regional and/or school district or open-enrollment charter school specialists.

(m) School districts and open-enrollment charter schools shall provide to parents of children suspected to have dyslexia or a related disorder a copy or a link to the electronic version of the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders."

(n) School districts and open-enrollment charter schools will be subject to monitoring for compliance with federal law and regulations in connection with this section.
School districts and open-enrollment charter schools will be subject to auditing and monitoring for compliance with state dyslexia laws in accordance with administrative rules adopted by the commissioner of education as required by TEC, §38.003(c-1).

Last Amended:  February 10, 2022, 47 TexReg 504
Entered: February 22, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . .

 (G) Suspicion, and the identification, of dyslexia or dysgraphia, in addition to the requirements of subparagraphs (A)-(F) of this paragraph, must include consideration of the following:

      (i) when the specific learning disability of dyslexia is suspected or characteristics of dyslexia have been observed from a reading instrument administered under TEC, §28.006, or a dyslexia screener under TEC, §38.003, the team established under subsections (b) and (c)(9)(F) of this section must include a professional who meets the requirements under TEC, §29.0031(b), and §74.28 of this title (relating to Students with Dyslexia and Related Disorders), including any handbook adopted in the rule;

(ii) an evaluation for dyslexia or dysgraphia must include all of the domains or other requirements listed in TEC, §38.003, and §74.28 of this title, including any handbook adopted in the rule;

(iii) when identifying dyslexia and determining eligibility or continued eligibility for special education and related services, the admission, review, and dismissal (ARD) committee must include a professional who meets the requirements of TEC, §29.0031(b), and §74.28 of this title, including any handbook adopted in the rule; and

      (iv) when a student is identified with dyslexia and/or dysgraphia, the terms dyslexia and/or dysgraphia, as appropriate, must be used in a student's evaluation report. For formal eligibility purposes under special education, the category of specific learning disability will be reported by a school district.

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

(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:

...

(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.

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

19 Texas Administrative Code § 74.28. Students with Dyslexia and Related Disorders.

(a) In order to support and maintain full educational opportunity for students with dyslexia and related disorders and consistent with federal and state law, school districts and open-enrollment charter schools shall provide each student with dyslexia or a related disorder access to each program under which the student qualifies for services.

(b) The board of trustees of a school district or the governing body of an open-enrollment charter school must ensure that procedures for identifying a student with dyslexia or a related disorder and for providing appropriate, evidence-based instructional services to the student are implemented in the district. 

(c) A school district's or open-enrollment charter school's procedures must be implemented according to the State Board of Education (SBOE) approved strategies for screening, individualized evaluation, and techniques for treating dyslexia and related disorders. The strategies and techniques are described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders" provided in this subsection. The handbook is a set of guidelines for school districts and open-enrollment charter schools that may be modified by the SBOE only with broad-based dialogue that includes input from educators and professionals in the field of reading and dyslexia and related disorders from across the state.

(d) Screening as described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders" and further evaluation should only be conducted by individuals who are trained in valid, evidence-based assessments and who are trained to appropriately evaluate students for dyslexia and related disorders.

(e) A school district or open-enrollment charter school shall purchase a reading program or develop its own evidence-based reading program for students with dyslexia and related disorders that is aligned with the descriptors found in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." Teachers who screen and treat these students must be trained in instructional strategies that use individualized, intensive, multisensory, phonetic methods and a variety of writing and spelling components described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." The professional development activities specified by each open-enrollment charter school and district and/or campus planning and decision making committee shall include these instructional strategies.

(f) At least five school days before any evaluation or identification procedure is used selectively with an individual student, the school district or open-enrollment charter school must provide written notification to the student's parent or guardian or another person standing in parental relation to the student of the proposed identification or evaluation. The notice must be in English, or to the extent practicable, the individual's native language and must include the following:
(1) a reasonable description of the evaluation procedure to be used with the individual student;
(2) information related to any instructional intervention or strategy used to assist the student prior to evaluation;
(3) an estimated time frame within which the evaluation will be completed; and
(4) specific contact information for the campus point of contact, relevant Parent Training and Information Projects, and any other appropriate parent resources.

(g) Before a full individual and initial evaluation is conducted to determine whether a student has a disability under the Individuals with Disabilities Education Act (IDEA), the school district or open-enrollment charter school must notify the student's parent or guardian or another person standing in parental relation to the student of its proposal to conduct an evaluation consistent with 34 Code of Federal Regulations (CFR), §300.503, provide all information required under subsection (f) of this section, and provide:
(1) a copy of the procedural safeguards notice required by 34 CFR, §300.504;
(2) an opportunity to give written consent for the evaluation; and
(3) a copy of information required under Texas Education Code (TEC), §26.0081.

(h) Parents/guardians of a student with dyslexia or a related disorder must be informed of all services and options available to the student, including general education interventions under response to intervention and multi-tiered systems of support models as required by TEC, §26.0081(d), and options under federal law, including IDEA and the Rehabilitation Act, §504.

(i) Each school or open-enrollment charter school must provide each identified student access at his or her campus to instructional programs required in subsection (e) of this section and to the services of a teacher trained in dyslexia and related disorders. The school district or open-enrollment charter school may, with the approval of each student's parents or guardians, offer additional services at a centralized location. Such centralized services shall not preclude each student from receiving services at his or her campus.

(j) Because early intervention is critical, a process for early identification, intervention, and support for students at risk for dyslexia and related disorders must be available in each district and open-enrollment charter school as outlined in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." School districts and open-enrollment charter schools may not use early intervention strategies, including multi-tiered systems of support, to delay or deny the provision of a full and individual evaluation to a child suspected of having a specific learning disability, including dyslexia or a related disorder.

(k) Each school district and open-enrollment charter school shall report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the results of the screening for dyslexia and related disorders required for each student in Kindergarten and each student in Grade 1 in accordance with TEC, §38.003(a).

(l) Each school district and open-enrollment charter school shall provide a parent education program for parents/guardians of students with dyslexia and related disorders. This program must include:
(1) awareness and characteristics of dyslexia and related disorders;
(2) information on testing and diagnosis of dyslexia and related disorders;
(3) information on effective strategies for teaching students with dyslexia and related disorders;
(4) information on qualifications of those delivering services to students with dyslexia and related disorders;
(5) awareness of information on accommodations and modifications, especially those allowed for standardized testing;
(6) information on eligibility, evaluation requests, and services available under IDEA and the Rehabilitation Act, §504, and information on the response to intervention process; and
(7) contact information for the relevant regional and/or school district or open-enrollment charter school specialists.

(m) School districts and open-enrollment charter schools shall provide to parents of children suspected to have dyslexia or a related disorder a copy or a link to the electronic version of the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders."

(n) School districts and open-enrollment charter schools will be subject to monitoring for compliance with federal law and regulations in connection with this section.
School districts and open-enrollment charter schools will be subject to auditing and monitoring for compliance with state dyslexia laws in accordance with administrative rules adopted by the commissioner of education as required by TEC, §38.003(c-1).

Last Amended:  February 10, 2022, 47 TexReg 504
Entered: February 22, 2022

Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS.

(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.

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

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .

(E)The school district must ensure that the student is observed in the student's learning environment, including the general education classroom setting, to document the student's academic performance and behavior in the areas of difficulty. In determining whether a student has a specific learning disability, the multidisciplinary team must decide to either use information from an observation in routine classroom instruction and monitoring of the student's performance that was conducted before the student was referred for an evaluation or have at least one of the members described in subsection (b) or (c)(9)(F) of this section conduct an observation of the student's academic performance in the general education classroom after the student has been referred for an evaluation and the school district has obtained parental consent consistent with 34 CFR, §300.300(a). In the case of a student of less than school age or out of school, a member described in subsection (b) or (c)(9)(F) of this section must observe the student in an environment appropriate for a student of that age.

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.310  Observation. 

(a) 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. 
. . . 


Last Amended:  71 FR 46787, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .

(E)The school district must ensure that the student is observed in the student's learning environment, including the general education classroom setting, to document the student's academic performance and behavior in the areas of difficulty. In determining whether a student has a specific learning disability, the multidisciplinary team must decide to either use information from an observation in routine classroom instruction and monitoring of the student's performance that was conducted before the student was referred for an evaluation or have at least one of the members described in subsection (b) or (c)(9)(F) of this section conduct an observation of the student's academic performance in the general education classroom after the student has been referred for an evaluation and the school district has obtained parental consent consistent with 34 CFR, §300.300(a). In the case of a student of less than school age or out of school, a member described in subsection (b) or (c)(9)(F) of this section must observe the student in an environment appropriate for a student of that age.

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.310  Observation. 

. . . 
(b) The group described in §300.306(a)(1), in determining whether a child has a specific learning disability, must decide to— 
    (1) 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 
    (2) Have at least one member of the group described in §300.306(a)(1) 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 §300.300(a), is obtained. 
  . . .  


Last Amended:  71 FR 46787, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .

(E)The school district must ensure that the student is observed in the student's learning environment, including the general education classroom setting, to document the student's academic performance and behavior in the areas of difficulty. In determining whether a student has a specific learning disability, the multidisciplinary team must decide to either use information from an observation in routine classroom instruction and monitoring of the student's performance that was conducted before the student was referred for an evaluation or have at least one of the members described in subsection (b) or (c)(9)(F) of this section conduct an observation of the student's academic performance in the general education classroom after the student has been referred for an evaluation and the school district has obtained parental consent consistent with 34 CFR, §300.300(a). In the case of a student of less than school age or out of school, a member described in subsection (b) or (c)(9)(F) of this section must observe the student in an environment appropriate for a student of that age.

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.310  Observation. 

. . . 
(b) The group described in §300.306(a)(1), in determining whether a child has a specific learning disability, must decide to— 
    (1) 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 
. . . 


Last Amended:  71 FR 46787, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .

(E)The school district must ensure that the student is observed in the student's learning environment, including the general education classroom setting, to document the student's academic performance and behavior in the areas of difficulty. In determining whether a student has a specific learning disability, the multidisciplinary team must decide to either use information from an observation in routine classroom instruction and monitoring of the student's performance that was conducted before the student was referred for an evaluation or have at least one of the members described in subsection (b) or (c)(9)(F) of this section conduct an observation of the student's academic performance in the general education classroom after the student has been referred for an evaluation and the school district has obtained parental consent consistent with 34 CFR, §300.300(a). In the case of a student of less than school age or out of school, a member described in subsection (b) or (c)(9)(F) of this section must observe the student in an environment appropriate for a student of that age.

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.300  Parental consent.   

(a) Parental consent for initial evaluation.         
    (1)              
       (i) The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under §300.8 must, after providing notice consistent with §§300.503 and 300.504, obtain informed consent, consistent with §300.9, from the parent of the child before conducting the evaluation.       
       (ii) Parental consent for initial evaluation must not be construed as consent for initial provision of special  education and related services.               
       (iii) The public agency must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.         
    (2) For initial evaluations only, if the child is a ward of the State and is not residing with the child’s parent, the public agency is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if—               
       (i) Despite reasonable efforts to do so, the public agency cannot discover the whereabouts of the parent of the child;               
       (ii) The rights of the parents of the child have been terminated in accordance with State law; or               
       (iii) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.             
    (3)              
       (i) If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation under paragraph (a)(1) of this section, or the parent fails to respond to a request to provide consent, the public agency may, but is not required to, pursue the initial evaluation of the child by utilizing the procedural safeguards in subpart E of this part (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516), if appropriate, except to the extent inconsistent with State law relating to such parental consent.               
       (ii) The public agency does not violate its obligation under §300.111 and §§300.301 through 300.311 if it declines to pursue the evaluation.        
. . .   


Last Amended:  73 FR 73027, Dec. 1, 2008 
Entered:  December 8, 2008  

34 Code of Federal Regulations § 300.310  Observation. 

. . . 
(b) The group described in §300.306(a)(1), in determining whether a child has a specific learning disability, must decide to— 
. . . 
    (2) Have at least one member of the group described in §300.306(a)(1) 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 §300.300(a), is obtained. 
. . . 


Last Amended:  71 FR 46787, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .

(E)The school district must ensure that the student is observed in the student's learning environment, including the general education classroom setting, to document the student's academic performance and behavior in the areas of difficulty. In determining whether a student has a specific learning disability, the multidisciplinary team must decide to either use information from an observation in routine classroom instruction and monitoring of the student's performance that was conducted before the student was referred for an evaluation or have at least one of the members described in subsection (b) or (c)(9)(F) of this section conduct an observation of the student's academic performance in the general education classroom after the student has been referred for an evaluation and the school district has obtained parental consent consistent with 34 CFR, §300.300(a). In the case of a student of less than school age or out of school, a member described in subsection (b) or (c)(9)(F) of this section must observe the student in an environment appropriate for a student of that age.

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.310  Observation. 

. . . 
(c) 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. 


Last Amended:  71 FR 46787, Aug. 14, 2006
Entered:  June 8, 2009

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

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— 
. . . 
    (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; 
. . . 


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

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— 
. . . 
    (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; 
. . . 


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.
. . .

   (D) In order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

. . . 
(b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §§300.304 through 300.306— 
    (1) Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and 
    (2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  Aug. 7, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(c) Eligibility definitions.

...

(9) Specific learning disability.

...

(D) In order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:

      (i) data that demonstrates the student was provided appropriate instruction in reading (as described in 20 United States Code (USC), §6368(3)), and/or mathematics within general education settings delivered by qualified personnel; and

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

. . . 
(b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §§300.304 through 300.306— 
    (1) Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  Aug. 7, 2017

20 United States Code § 1021. Definitions.

. . . 
(7) Essential components of reading instruction
The term "essential components of reading instruction" has the meaning given the term in section 6368 of this title as such section was in effect on the day before December 10, 2015.
. . . 

Last Amended:  Pub. L. 114–95, title IX, §§9214(c)(1), 9215(oo)(2), Dec. 10, 2015, 129 Stat. 2161 , 2178 
Entered:  Jan. 25, 2017

The following text reflects 20 USC 6368 as it was in effect on the day before December 10, 2015.

20 United States Code § 6368. Definitions.

. . . 
(8) Essential components of reading instruction
The term "essential components of reading instruction" means explicit and systematic instruction in-
(A) phonemic awareness;
(B) phonics;
(C) vocabulary development;
(D) reading fluency, including oral reading skills; and
(E) reading comprehension strategies.
. . . 


Last Amended:    Pub. L. 114–95, title IX, §9215(c), Dec. 10, 2015, 129 Stat. 2166 
Entered:  Jan. 25, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(C) As part of the evaluation described in subparagraph (B) of this paragraph and 34 CFR, §§300.307-300.311, and in order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:
   (i) data that demonstrates the student was provided appropriate instruction in reading (as described in 20 United States Code (USC), §6368(3)), and/or mathematics within general education settings delivered by qualified personnel; and
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(c) Eligibility definitions.

...

  (9) Specific learning disability.

...

(D) In order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:

...

(ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, intervention progress monitoring results and reports, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

. . . 
(b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §§300.304 through 300.306— 
. . . 
    (2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  Aug. 7, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(C) As part of the evaluation described in subparagraph (B) of this paragraph and 34 CFR, §§300.307-300.311, and in order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:
. . .
        (ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, response to intervention progress monitoring results, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.
. . .

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(c) Eligibility definitions.

...

  (9) Specific learning disability.

...

(D) In order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:

...

(ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, intervention progress monitoring results and reports, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

19 Texas Administrative Code § 89.1040. Eligibility Criteria

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(C) As part of the evaluation described in subparagraph (B) of this paragraph and 34 CFR, §§300.307-300.311, and in order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:
. . .
        (ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, response to intervention progress monitoring results, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.
. . .

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(c) Eligibility definitions.

...

  (9) Specific learning disability.

...

(D) In order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:

...

(ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, intervention progress monitoring results and reports, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

19 Texas Administrative Code § 89.1040. Eligibility Criteria

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(C) As part of the evaluation described in subparagraph (B) of this paragraph and 34 CFR, §§300.307-300.311, and in order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:
. . .
        (ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, response to intervention progress monitoring results, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.
. . .

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(c) Eligibility definitions.

...

  (9) Specific learning disability.

...

(D) In order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:

...

(ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, intervention progress monitoring results and reports, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

19 Texas Administrative Code § 89.1040. Eligibility Criteria

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(C) As part of the evaluation described in subparagraph (B) of this paragraph and 34 CFR, §§300.307-300.311, and in order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:
. . .
        (ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, response to intervention progress monitoring results, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.
. . .

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

...

(c) Eligibility definitions.

...

  (9) Specific learning disability.

...

(D) In order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:

...

(ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, intervention progress monitoring results and reports, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.

...

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

19 Texas Administrative Code § 89.1040. Eligibility Criteria

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(C) As part of the evaluation described in subparagraph (B) of this paragraph and 34 CFR, §§300.307-300.311, and in order to ensure that underachievement by a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:
. . .
        (ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction, which must be provided to the student's parents. Data-based documentation of repeated assessments may include, but is not limited to, response to intervention progress monitoring results, in-class tests on grade-level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.
. . .

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— 
. . .  
    (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

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— 
. . .  
     (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 
. . . 


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

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— 
. . .  
     (7) If the child has participated in a process that assesses the child’s response to scientific, research-based intervention— 
. . .  
        (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

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— 
. . .  
      (7) If the child has participated in a process that assesses the child’s response to scientific, research-based intervention— 
. . .  
(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; 
. . . 


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

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— 
. . .  
      (7) If the child has participated in a process that assesses the child’s response to scientific, research-based intervention— 
. . .  
         (ii) The documentation that the child’s parents were notified about— 
. . . 
           (B) Strategies for increasing the child’s rate of learning; and 
. . . 


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

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— 
. . .  
      (7) If the child has participated in a process that assesses the child’s response to scientific, research-based intervention— 
. . .  
         (ii) The documentation that the child’s parents were notified about— 
. . . 
           (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:

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

 

 

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
    (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
      (i) Oral expression. 
      (ii) Listening comprehension. 
      (iii) Written expression. 
      (iv) Basic reading skill. 
      (v) Reading fluency skills. 
      (vi) Reading comprehension. 
      (vii) Mathematics calculation. 
      (viii) Mathematics problem solving. 
    (2)
       (i) The child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in paragraph (a)(1) of this section when using a process based on the child’s response to scientific, research-based intervention; or 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
    (3) The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily 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:  82 FR 31912, 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; and
. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .       (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), repeated performance on progress monitoring measures, 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:

. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
     (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
      (i) Oral expression. 
      (ii) Listening comprehension. 
      (iii) Written expression. 
      (iv) Basic reading skill. 
      (v) Reading fluency skills. 
      (vi) Reading comprehension. 
      (vii) Mathematics calculation. 
      (viii) Mathematics problem solving. 
. . . 


Last Amended:  82 FR 31912, 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:
. . .
(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;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
       (i) Oral expression. 
. . . 


Last Amended:  82 FR 31912, 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:
. . .
(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:
. . .
   (III)written expression, which may include dysgraphia;

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
. . .  
       (iii) Written expression. 
. . . 


Last Amended:  82 FR 31912, 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:

  (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:
. . . 
     (II) listening comprehension;
. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
. . .  
       (ii) Listening comprehension. 
. . . 


Last Amended:  82 FR 31912, 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:
. . .
(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:
. . .
(IV) basic reading skill; which may include dyslexia;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
. . .  
       (iv) Basic reading skill. 
. . .  


Last Amended:  82 FR 31912, 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:
. . .
   (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:
. . .
      (V) reading fluency skills; which may include dyslexia
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
. . .  
       (v) Reading fluency skills. 
. . . 


Last Amended:  82 FR 31912, 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:
. . .
(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:
. . .
(VI) reading comprehension;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
. . .  
       (vi) Reading comprehension. 
. . . 


Last Amended:  82 FR 31912, 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:
. . .
(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:
. . .
   (VII) mathematics calculation; or
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
. . . 
       (vii) Mathematics calculation. 
. . . 


Last Amended:  82 FR 31912, 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:
. . .
(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:
. . .
(VIII) mathematics problem solving;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      (1) The child 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, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards: 
. . .  
       (viii) Mathematics problem solving. 
. . . 


Last Amended:  82 FR 31912, 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:
. . .       (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), repeated performance on progress monitoring measures, 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:

. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .       (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), repeated performance on progress monitoring measures, 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:

. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .       (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), repeated performance on progress monitoring measures, 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:

. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .       (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), repeated performance on progress monitoring measures, 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:

. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .       (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), repeated performance on progress monitoring measures, 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:

. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .       (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), repeated performance on progress monitoring measures, 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:

. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
 (C) As part of the evaluation described in subparagraph (B) of this paragraph and 34 CFR, §§300.304-300.311, the presence of a significant variance among specific areas of cognitive function or between specific areas of cognitive function and academic achievement is not required when determining whether a student has a significant learning disability.
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
       (i) The child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in paragraph (a)(1) of this section when using a process based on the child’s response to scientific, research-based intervention; or 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  Aug. 7, 2017

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:
. . .
(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;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:

  (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:
. . . 
     (II) listening comprehension;
. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .
(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:
. . .
   (III)written expression, which may include dysgraphia;

. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .
(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:
. . .
(IV) basic reading skill; which may include dyslexia;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .
   (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:
. . .
      (V) reading fluency skills; which may include dyslexia
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .
(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:
. . .
(VI) reading comprehension;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .
(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:
. . .
   (VII) mathematics calculation; or
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . .
(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:
. . .
(VIII) mathematics problem solving;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
. . . 
         (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     
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
. . . 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
. . . 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
. . . 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
. . . 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
. . . 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
. . . 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
. . . 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
. . . 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
. . . 
    (2)
. . . 
       (ii) 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, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .    
    (iii) meets one of the following criteria:
. . .
                         (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  
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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— 
. . . 
    (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 
. . . 


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:
    . . .          

      (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;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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— 
. . . 
    (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 
. . . 


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:
        . . .            

     (iv) does not meet the findings under clauses (ii) and (iii) of this subparagraph primarily as the result of:
. . .
        (II) an intellectual disability;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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— 
. . . 
    (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 
. . . 


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

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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— 
. . . 
    (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 
. . . 


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:
. . .    

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

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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— 
. . . 
    (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 
. . . 


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:
. . .
     (iv) does not meet the findings under clauses (ii) and (iii) of this subparagraph primarily as the result of:
. . .
         (V) environmental or economic disadvantage; or
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

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— 
. . . 
    (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 
. . . 


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

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.27  Limited English proficient. 

Limited English proficient has the meaning given the term `English learner' in section 8101 of the ESEA. 


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017
SBS

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— 
. . . 
    (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 
. . . 


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

20 United States Code § 7801. Definitions. 

Except as otherwise provided, in this chapter: 
. . . 
(20) English learner
The term "English learner", when used with respect to an individual, means an individual-
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C)
(i) who was not born in the United States or whose native language is a language other than English;
(ii)
(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
(II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual-
(i) the ability to meet the challenging State academic standards;
(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully in society.
. . . 


Last Amended:  Pub. L. 114–95, title VIII, §§8001(a)(1), (b)(2), (3), 8002, Dec. 10, 2015, 129 Stat. 2088, 2089
Entered:  Aug. 21, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(9) Specific learning disability.
(A) Specific learning disability means 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 do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; intellectual disability; emotional disability; or environmental, cultural, or economic disadvantage.
. . . 

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      . . . 
    (3) The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily 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:  82 FR 31912, 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:
    . . .          

      (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;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      . . . 
     (3) The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily the result of— 
        (i) A visual, hearing, or motor disability; 
. . . 


Last Amended:  82 FR 31912, 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:
        . . .            

     (iv) does not meet the findings under clauses (ii) and (iii) of this subparagraph primarily as the result of:
. . .
        (II) an intellectual disability;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      . . . 
     (3) The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily the result of— 
. . . 
        (ii) An intellectual disability; 
. . . 


Last Amended:  82 FR 31912, 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:
    . . .
  (iv) does not meet the findings under clauses (ii) and (iii) of this subparagraph primarily as the result of:
. . .
         (III) emotional disability;
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      . . . 
     (3) The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily the result of— 
. . . 
        (iii) Emotional disturbance; 
. . . 


Last Amended:  82 FR 31912, 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:
. . .    

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

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      . . . 
     (3) The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily the result of— 
. . .  
        (iv) Cultural factors; 
. . . 


Last Amended:  82 FR 31912, 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:
. . .
     (iv) does not meet the findings under clauses (ii) and (iii) of this subparagraph primarily as the result of:
. . .
         (V) environmental or economic disadvantage; or
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025

34 Code of Federal Regulations § 300.309  Determining the existence of a specific learning disability. 

(a) The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if— 
      . . . 
     (3) The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily the result of— 
. . . 
        (v) Environmental or economic disadvantage; or 
. . . 


Last Amended:  82 FR 31912, 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:
. . .
      (iv) does not meet the findings under clauses (ii) and (iii) of this subparagraph primarily as the result of:
. . .
            (VI) Being emergent bilingual.
. . .

Last amended: July 30, 2024, 49 TexReg 5507.

Date entered: April 3, 2025