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 disturbance; or environmental, cultural, or economic disadvantage.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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 disturbance; or environmental, cultural, or economic disadvantage.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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 disturbance; or environmental, cultural, or economic disadvantage.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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

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;
         (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
       (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

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.

. . . 
(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

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:
      . . .
     (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

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:
. . .
    (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

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:
         (i) the student's regular teacher;
         (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
       (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

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.

. . . 
(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;
         (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
       (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

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.

. . . 
(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;
         (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
       (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

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.

. . . 
(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;
         (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
       (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

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.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(D) The school district must ensure that the student is observed in the student's learning environment, including the regular 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 admission, review, and dismissal (ARD) committee 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) of this section conduct an observation of the student's academic performance in the regular 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) of this section must observe the student in an environment appropriate for a student of that age.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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.
. . .
(D) The school district must ensure that the student is observed in the student's learning environment, including the regular 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 admission, review, and dismissal (ARD) committee 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) of this section conduct an observation of the student's academic performance in the regular 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) of this section must observe the student in an environment appropriate for a student of that age.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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.
. . .
(D) The school district must ensure that the student is observed in the student's learning environment, including the regular 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 admission, review, and dismissal (ARD) committee 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) of this section conduct an observation of the student's academic performance in the regular 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) of this section must observe the student in an environment appropriate for a student of that age.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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.
. . .
(D) The school district must ensure that the student is observed in the student's learning environment, including the regular 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 admission, review, and dismissal (ARD) committee 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) of this section conduct an observation of the student's academic performance in the regular 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) of this section must observe the student in an environment appropriate for a student of that age.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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

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  

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(9)  Specific learning disability.
. . .
(D) The school district must ensure that the student is observed in the student's learning environment, including the regular 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 admission, review, and dismissal (ARD) committee 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) of this section conduct an observation of the student's academic performance in the regular 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) of this section must observe the student in an environment appropriate for a student of that age.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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.
. . .
(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
            (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.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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.
. . .
(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

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:
. . .
        (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 § 300.309  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.
. . .
(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.
. . .
(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.
. . .
(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:
(i) has been determined through a variety of assessment tools and strategies to meet the criteria for a specific learning disability as stated in 34 CFR, §300.8(c)(10), in accordance with the provisions in 34 CFR, §§300.307-300.311;       (ii) when provided with learning experiences and instruction appropriate for the student's age or state-approved grade-level standards as indicated by performance on multiple measures such as in-class tests, grade average over time (e.g. six weeks or semester), norm- or criterion-referenced tests, and statewide assessments, does not achieve adequately for the student's age or to meet state-approved grade-level standards in one or more of the following areas:         (I) oral expression;         (II) listening comprehension;         (III) written expression;         (IV) basic reading skill;         (V) reading fluency skills;         (VI) reading comprehension;         (VII) mathematics calculation; or         (VIII) mathematics problem solving;       (iii) meets one of the following criteria:         (I) does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the areas identified in clause (ii)(I)-(VIII) of this subparagraph when using a process based on the student's response to scientific, research-based intervention; or         (II) exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, state-approved grade-level standards, or intellectual development that is determined to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with 34 CFR, §300.304 and §300.305; and       (iv) does not meet the findings under clauses (ii) and (iii) of this subparagraph primarily as the result of:         (I) a visual, hearing, or motor disability;         (II) an intellectual disability;         (III) emotional disturbance;         (IV) cultural factors;       (V) environmental or economic disadvantage; or         (VI) limited English proficiency.
. . .

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

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: 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.
. . . 
(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:
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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;
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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;
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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;
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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), 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: 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.
. . . 
(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:
. . . 

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.
. . . 
(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:
. . . 

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.
. . . 
(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:
. . . 

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.
. . . 
(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:
. . . 

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.
. . . 
(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: 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.
. . . 
(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:
. . . 

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.
. . . 
     (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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: 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.
. . . 
     (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: 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.
. . . 

(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: 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.
. . . 
     (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: 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.
. . .
(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;
. . .

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.
. . . 
     (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: 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.
. . .
(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;
. . .

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.
. . . 
     (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: 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.
. . .
(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;
. . .

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.
. . . 
     (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: 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.
. . .
(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: 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.
. . . 
     (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: 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.
. . .
(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: 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.
. . . 
     (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: 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.
. . .
(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: 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.
. . . 
     (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: 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.
. . . 
     (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: 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.
. . . 
(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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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 disturbance;
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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) limited English proficiency.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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

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

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 disturbance; or environmental, cultural, or economic disadvantage.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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 disturbance;
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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) limited English proficiency.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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— 
. . .  
        (vi) Limited English proficiency. 
. . . 


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

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

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

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— 
    (1) Whether the child has a specific learning disability; 
. . . 


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— 
. . .  
    (2) The basis for making the determination, including an assurance that the determination has been made in accordance with §300.306(c)(1); 
. . . 


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— 
. . . 
    (4) The educationally relevant medical findings, if any; 
. . . 


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. 

. . . 
(b) Each group member must certify in writing whether the report reflects the member's conclusion. If it does not reflect the member’s conclusion, the group member must submit a separate statement presenting the member’s conclusions. 


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. 

. . . 
(b) Each group member must certify in writing whether the report reflects the member's conclusion. If it does not reflect the member’s conclusion, the group member must submit a separate statement presenting the member’s conclusions. 


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

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

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

§ 89.1040 Eligibility Criteria—FAQ (TEA)

Response to Intervention (TEA)

Response to Intervention (RtI) and Learning Disability (LD) Eligibility (TEA)
 
The Texas Center for Learning Disabilities

OSEP Letter to Massanari (September 24, 2007)

OSEP Letter to Zirkel (August 15, 2007)

OSERS Dear Colleague Letter (October 23, 2015)

OSEP Letter to Unnerstall (April 25, 2016)

OSEP Letter to Delisle (December 20, 2013)

OSEP Letter to Zirkel (March 6, 2007)

OSEP Letter to Zirkel (April 8, 2008)