POLICY LETTER: June 3, 2008 to individual (personally identifiable information redacted)

June 3, 2008XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXDear XXXXXXX:This is in response to your January 17, 2008 letter in which you request clarification of the requirements under Part B of the Individuals with Disabilities Education Act (Part B) for serving children who are classified as having a specific learning disability. Your inquiry is prompted because you indicate that some States may be advising their local educational agencies (LEAs) that "...when they use an ability achievement discrepancy methodology, they may only serve the child in the area wherein a discrepancy is documented." Specifically, you pose the following question:When applying a state's ability achievement discrepancy methodology, can a student who qualifies for specific learning disabilities (LD) placement with a fifteen point discrepancy in either mathematics, reading or language be served for all three areas if the evaluations also document a need for specially designed instruction in those areas?Part B of IDEA and the Department's final regulations do not impose any limitation on the services to be provided to a child identified as having a specific learning disability based on the areas of severe discrepancy between intellectual ability and achievement that the LEA identifies in making that determination. Note that the final Part B regulations provide that, in determining whether a child has a specific learning disability, a State must not require the use of a severe discrepancy between intellectual ability and achievement; must permit the use of a process based on the child's response to scientific, research-based intervention; and may permit the use of other research-based procedures. 34 CFR 300.307(a).Although the severe discrepancy is the mechanism the LEA has elected to use in making its determination of whether the child has a specific learning disability (34 CFR 300.307(a)(1)), that determination is one part of a multifactored evaluation that must he conducted under Part B in accordance with the requirements of 34 CFR 300.304 through 300.311. Under 34 CFR 300.304(b)(1), the public agency must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining whether the child is a child with a disability under 34 CFR 300.8; and the content of the child's individualized education program (IEP), including information related to enabling the child to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities). Further, no single measure or assessment may be used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child. 34 CFSincerely/s/William W. Knudsen Acting DirectorOffice of Special Education Programcc: XXXXXXXXXXXJune 3, 2008XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXDear XXXXXXX:This is in response to your January 17, 2008 letter in which you request clarification of the requirements under Part B of the Individuals with Disabilities Education Act (Part B) for serving children who are classified as having a specific learning disability. Your inquiry is prompted because you indicate that some States may be advising their local educational agencies (LEAs) that "...when they use an ability achievement discrepancy methodology, they may only serve the child in the area wherein a discrepancy is documented." Specifically, you pose the following question:When applying a state's ability achievement discrepancy methodology, can a student who qualifies for specific learning disabilities (LD) placement with a fifteen point discrepancy in either mathematics, reading or language be served for all three areas if the evaluations also document a need for specially designed instruction in those areas?Part B of IDEA and the Department's final regulations do not impose any limitation on the services to be provided to a child identified as having a specific learning disability based on the areas of severe discrepancy between intellectual ability and achievement that the LEA identifies in making that determination. Note that the final Part B regulations provide that, in determining whether a child has a specific learning disability, a State must not require the use of a severe discrepancy between intellectual ability and achievement; must permit the use of a process based on the child's response to scientific, research-based intervention; and may permit the use of other research-based procedures. 34 CFR 300.307(a).Although the severe discrepancy is the mechanism the LEA has elected to use in making its determination of whether the child has a specific learning disability (34 CFR 300.307(a)(1)), that determination is one part of a multifactored evaluation that must he conducted under Part B in accordance with the requirements of 34 CFR 300.304 through 300.311. Under 34 CFR 300.304(b)(1), the public agency must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining whether the child is a child with a disability under 34 CFR 300.8; and the content of the child's individualized education program (IEP), including information related to enabling the child to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities). Further, no single measure or assessment may be used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child. 34 CFSincerely/s/William W. Knudsen Acting DirectorOffice of Special Education Programcc: XXXXXXXXXXXJune 3, 2008XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXDear XXXXXXX:This is in response to your January 17, 2008 letter in which you request clarification of the requirements under Part B of the Individuals with Disabilities Education Act (Part B) for serving children who are classified as having a specific learning disability. Your inquiry is prompted because you indicate that some States may be advising their local educational agencies (LEAs) that "...when they use an ability achievement discrepancy methodology, they may only serve the child in the area wherein a discrepancy is documented." Specifically, you pose the following question:When applying a state's ability achievement discrepancy methodology, can a student who qualifies for specific learning disabilities (LD) placement with a fifteen point discrepancy in either mathematics, reading or language be served for all three areas if the evaluations also document a need for specially designed instruction in those areas?Part B of IDEA and the Department's final regulations do not impose any limitation on the services to be provided to a child identified as having a specific learning disability based on the areas of severe discrepancy between intellectual ability and achievement that the LEA identifies in making that determination. Note that the final Part B regulations provide that, in determining whether a child has a specific learning disability, a State must not require the use of a severe discrepancy between intellectual ability and achievement; must permit the use of a process based on the child's response to scientific, research-based intervention; and may permit the use of other research-based procedures. 34 CFR 300.307(a).Although the severe discrepancy is the mechanism the LEA has elected to use in making its determination of whether the child has a specific learning disability (34 CFR 300.307(a)(1)), that determination is one part of a multifactored evaluation that must he conducted under Part B in accordance with the requirements of 34 CFR 300.304 through 300.311. Under 34 CFR 300.304(b)(1), the public agency must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining whether the child is a child with a disability under 34 CFR 300.8; and the content of the child's individualized education program (IEP), including information related to enabling the child to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities). Further, no single measure or assessment may be used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child. 34 CFSincerely/s/William W. Knudsen Acting DirectorOffice of Special Education Programcc: XXXXXXXXXXXJune 3, 2008XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXDear XXXXXXX:This is in response to your January 17, 2008 letter in which you request clarification of the requirements under Part B of the Individuals with Disabilities Education Act (Part B) for serving children who are classified as having a specific learning disability. Your inquiry is prompted because you indicate that some States may be advising their local educational agencies (LEAs) that "...when they use an ability achievement discrepancy methodology, they may only serve the child in the area wherein a discrepancy is documented." Specifically, you pose the following question:When applying a state's ability achievement discrepancy methodology, can a student who qualifies for specific learning disabilities (LD) placement with a fifteen point discrepancy in either mathematics, reading or language be served for all three areas if the evaluations also document a need for specially designed instruction in those areas?Part B of IDEA and the Department's final regulations do not impose any limitation on the services to be provided to a child identified as having a specific learning disability based on the areas of severe discrepancy between intellectual ability and achievement that the LEA identifies in making that determination. Note that the final Part B regulations provide that, in determining whether a child has a specific learning disability, a State must not require the use of a severe discrepancy between intellectual ability and achievement; must permit the use of a process based on the child's response to scientific, research-based intervention; and may permit the use of other research-based procedures. 34 CFR 300.307(a).Although the severe discrepancy is the mechanism the LEA has elected to use in making its determination of whether the child has a specific learning disability (34 CFR 300.307(a)(1)), that determination is one part of a multifactored evaluation that must he conducted under Part B in accordance with the requirements of 34 CFR 300.304 through 300.311. Under 34 CFR 300.304(b)(1), the public agency must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining whether the child is a child with a disability under 34 CFR 300.8; and the content of the child's individualized education program (IEP), including information related to enabling the child to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities). Further, no single measure or assessment may be used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child. 34 CFSincerely/s/William W. Knudsen Acting DirectorOffice of Special Education Programcc: XXXXXXXXXXX