Following are State-level criteria for determining the
existence of a specific learning disability. Each charter school and cyber
charter school shall develop procedures for the determination of specific
learning disabilities that conform to criteria in this section. These
procedures shall be included in the school-s charter application and annual
report. To determine that a child has a specific learning disability, the
charter school or cyber charter school shall:
(1) Address whether the child does not
achieve adequately for the child's age or meet State-approved grade-level
standards in one or more of the following areas, when provided with learning
experiences and scientifically based 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) Use one of
the following procedures:
(i) A process based
on the child's response to scientific, research-based intervention, which
includes documentation that:
(A) The student
received high quality instruction in the general education setting.
(B) Research-based interventions were
provided to the student.
(C)
Student progress was regularly monitored.
(ii) A process that examines whether a child
exhibits a pattern of strengths and weaknesses, relative to intellectual
ability as defined by a severe discrepancy between intellectual ability and
achievement, or relative to age or grade.
(3) Have determined that its findings under
this section are not primarily the result of any of the following:
(i) A visual, hearing or orthopedic
disability.
(ii) Intellectual
disability.
(iii) Emotional
disturbance.
(iv) Cultural
factors.
(v) Environmental or
economic disadvantage.
(vi) Limited
English proficiency.
(4)
Ensure that underachievement in a child suspected of having a specific learning
disability is not due to lack of appropriate instruction in reading or
mathematics by considering documentation that:
(i) Prior to, or as a part of, the referral
process, the child was provided scientifically-based instruction in regular
education settings, delivered by qualified personnel, as indicated by
observations of routine classroom instruction.
(ii) Repeated assessments of achievement were
conducted at reasonable intervals, reflecting formal assessment of student
progress during instruction, which was provided to the child's
parents.
Notes
The
provisions of this § 711.25 adopted June 27, 2008, effective
7/1/2008, 38 Pa.B. 3593.
Amended by
Pennsylvania
Bulletin, Vol 53, No. 48. December 2, 2023, effective
12/2/2023
The provisions of this § 711.25 adopted under
sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
17-1732-A(c)(2) and
17-1749-A(b)(8).
