UNDERSTANDING THE ELIGIBILITY REQUIREMENTS FOR SPECIFIC LEARNING DISABILITY

What Is A Specific Learning Disability?

Specific Learning Disability – “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, which manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Such terms includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of mental retardations, of emotional disturbance, or of environmental, culture, or economic disadvantage.” - NASP postion statement (definition of SLD in IDEA 2004).

*Based on this definition, it is understood that a measure of basic psychological processes will be measured.

What Is The Criteria For Determining A Specific Learning Disability?

According to the law, the criteria adopted by the state –

1)Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability

2)Must permit the use of a process based on the child’s response to scientific, research-based intervention; and

3)May permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability

Oregon has adopted the following:

1)They do not require severe discrepancy, but they also do not prohibit the use of a discrepancy model(?)(states are allowed to do this – communique article)

2)They do permit the use of a process based on the child’s response to scientific, research-based intervention; and

3)They do permit the use of other alternative research-based procedures for determining a specific learning disability.

What Are Other Alternative Research-Based Procedures For Determining A Specific Learning Disability?

It seems that the research in this area is sparse. *According to the Communique article, “The intent is to allow for flexibility as practice continues to be informed by scientific research”.

Examples: Concordance-Discordance theory or Achievement/discrepancy Model, Multi-tiered model procedure (NASP)

Although there may not be many research-based procedures, the law states that in order for a child to be found eligible, they must meet this criterion as part of the eligibility process (if not using RTI):

Exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, Oregon grade-level standards, or intellectual development, that is determined to be relevant to the identification of a specific learning disability.

Therefore, an assessment that addresses each of these areas (i.e., performance and achievement in the areas of age, Oregon grade-level standards, and intellectual development) would need to be conducted to satisfy all areas outlined and to be considered comprehensive. The law states that with respect to all special education evaluations, “The child is assessed in all areas related to the suspected disability…”

How Do We Operationalize Definitions In This Statement?

Pattern – defines pattern as “A combination of qualities, acts, tendencies, etc., forming a consistent or characteristic arrangement”

Communique article states, that in order to determine a pattern of strengths and weaknesses, there needs to be an “examination of profiles across different tests”

Therefore, a pattern is a collection of measures/data that show consistency(e.g., across time, setting, rating).

Performance- “presumably refers to functioning in the classroom setting” – Communiqué article.

Achievement- attainment level of academic skills.

Age- chronological age

Oregon Grade-Level Standard- those defined by the state for each grade level

Intellectual Development-…

Strength – There area two types of strengths: 1) Relative Strengths, and 2) Normative Strengths

Normative DataCurriculum-Based

Relative Strength / In profile of abilities, a skill that is statistically and clinically higher than other abilities on normative tests and rating scales / Data that show the child is doing substantially better in an area of achievement compared to the profile of the student’s other skills.
Normative Strength / Ability that is statistically higher than other same-aged peers (1 standard deviation?) on normative tests and rating scales. / Data that show the child is exceeding age/grade level achievement in an area of academics.

Weakness – There area two types of weaknesses: 1) Relative Weaknesses, and 2) Normative Weaknesses

Normative DataCurriculum-Based

Relative Weakness / In profile of abilities, a skill that is statistically and clinically lower than other abilities on normative tests and rating scales / Data that show the child is doing substantially weaker in an area of achievement compared to the profile of the student’s other skills.
Normative Weakness / Ability that is statistically lower than other same-aged peers (1 standard deviation?) on normative tests and rating scales. / Data that show the child is below age/grade level achievement in an area of academics.

Types of Assessments in Each Area

AGE / OREGON GRADE-LEVEL STANDARD / INTELLECTUAL DEVELOPMENT
PERFORMANCE(more classroom- based) /
  • Observation in the student’s learning environment
  • Achievement / Behavior Rating Scales
/
  • Work Samples
  • Report Card grades
  • CBMs
  • Other curriculum assessments
/
  • Cognitive Assessment in comparison to performance data in the classroom

ACHIEVEMENT (more skill-based) /
  • Standardized, norm-referenced achievement tests.
/
  • OSAT
  • Criterion-based measures for grade level
/
  • Cognitive Assessment in comparison to skill-based achievement measures.

**According to the criterion statement, the student only needs to exhibit a pattern of strength and weakness in one of the following boxes to meet the requirement. However, it must be relevant to the identification of a specific learning disability.