Iowa Admin. Code r. 281-41.309 - Determining the existence of a specific learning disability
(1)
Required determinations. The group described in rule
281-41.306 (256B, 34CFR300) may
determine that a child has a specific learning disability , as defined in
subrule 41.50(10), after considering the following three factors:
a.
Lack of adequate
achievement. The child does not achieve adequately for the child's
age, grade-level expectations or such grade-level standards the SEA may choose
to adopt in one or more of the following areas, when provided with learning
experiences and instruction appropriate for the child's age or grade-level
expectations or such grade-level standards the SEA may choose to adopt:
(1) Oral expression.
(2) Listening comprehension.
(3) Written expression.
(4) Basic reading skill.
(5) Reading fluency skills.
(6) Reading comprehension.
(7) Mathematics calculation.
(8) Mathematics problem solving.
b.
Lack of adequate
progress.
(1) The child does not
make sufficient progress to meet age expectations, grade-level expectations, or
such state-approved grade-level standards as the state may choose to adopt in
one or more of the areas identified in paragraph 41.309(1)"a"
when using a process based on the child's response to scientific,
research-based intervention; or
(2)
The child exhibits a pattern of strengths and weaknesses in performance,
achievement, or both, relative to age, grade-level expectations, such
state-approved grade-level standards as the state may choose to adopt, 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 rules
281-41.304 (256B, 34CFR300) and
281-41.305 (256B, 34CFR300).
c.
Exclusionary factors. The
group determines that its findings under paragraphs
41.309(1)"a" and 41.309(1)"b" are not
primarily the result of:
(1) A visual,
hearing, or motor disability;
(2)
Intellectual disability ;
(3)
Emotional disturbance;
(4) Cultural
factors;
(5) Environmental or
economic disadvantage; or
(6)
Limited English proficiency.
(2)
Review of data. 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 rules
281-41.304 (256B, 34CFR300) to
281-41.306 (256B, 34CFR300):
a. 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
b. 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.
(3)
When consent required. The public agency must promptly request
parental consent to evaluate the child to determine if the child needs special
education and related services and must adhere to the time frames described in
rules 281-41.301 (256B, 34CFR300) and
281-41.303 (256B, 34CFR300 ):
a. If, prior to a referral, a child has not
made adequate progress after an appropriate period of time when provided
instruction, as described in paragraphs 41.309(2)"a" and
"b"; and
b.
Whenever a child is referred for an evaluation.
(4)
Rule of construction .
Subparagraph 41.309(1)"b"(2) shall not be construed to require
a child with a pattern of strengths and weaknesses in performance, achievement,
or both, to be identified as an eligible individual, absent a determination
that the child has a disability and needs special education and related
services.
(5)
Rule of
construction . A process by which a child's response to intervention is
measured is a component of a full and individual evaluation and is not,
considered alone, a full and individual evaluation, unless the response to
intervention process contains all required elements of a full and individual
evaluation under this chapter.
Notes
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