POLICY LETTER: October 9, 2002 to Minneapolis Public Schools Executive Director of Special Education Colleen Baumtrog

Dated October 9, 2002Colleen Baumtrog, Ph.D.Executive Director of Special EducationMinneapolis Public Schools2225 East Lake StreetMinneapolis, Minnesota 55407Dear Dr. Baumtrog:This is in response to your letter of February 8, 2002, to Dr. Robert Pasternack, Assistant Secretary for the Office of Special Education and Rehabilitative Services. When you met with Dr. Pasternack on January 22, 2002, you shared information with him regarding Minneapolis Public Schools' (MPS') Problem Solving Model (PSM) for the identification of students with high incidence disabilities. In your letter, you provide additional information regarding the PSM, and request a letter of endorsement from this Department in your effort to gain formal state approval of the PSM. You also ask for the Department's view on IQ [intelligence quotient] tests, if they are required by federal law, and the use of ability-achievement discrepancy based procedures for determining the eligibility of LD [specific learning disabilities].The regulations promulgated under Part B of the Individuals with Disabilities Education Act (IDEA) set forth, at 34 CFR 300.530-300.536, specific requirements that public agencies must follow in evaluating and identifying children with disabilities, and 34 CFR 300.540-300.543 set forth additional procedures for evaluating children with specific learning disabilities. Neither the Act nor the Part B regulations require the use of IQ tests as part of an initial evaluation or a reevaluation. The current Part B regulations require, at 34 CFR 300.541, that:A team may determine that a child has a specific learning disability if -- (1) The child does not achieve commensurate with his or her age and ability levels in one or more of the areas listed in [34 CFR 300.541(a)(2)], if provided with learning experiences appropriate for the child's age and ability levels; and (2) The team finds that a child has a severe discrepancy between achievement and intellectual ability in one or more of the following areas: (i) Oral expression. (ii) Listening comprehension. (iii) Written expression. (iv) Basic reading skill. (v) Reading comprehension. (vi) Mathematics calculation. (vii) Mathematics reasoning. The team may not identify a child as having a specific learning disability if the severe discrepancy between ability and achievement is primarily the result of -- (1) A visual, hearing, or motor impairment; (2) Mental retardation; (3) Emotional disturbance; or (4) Environmental, cultural or economic disadvaDr. Pasternack appreciates your invitation to visit Minneapolis, and he and I will look forward to the future possibility of such a visit by one of us or by members of our staff.If you have any questions regarding this letter, please contact Larry Ringer (202-205-9079, HYPERLINK "mailto:larry.ringer@ed.gov" larry.ringer@ed.gov), Associate Director, Division of Monitoring and State Improvement Planning. Sincerely, /s/ Patricia J. Guard forStephanie S. LeeDirectorOffice of Special Education Programscc: Thomas Lombard, DCFLPage PAGE 2 Dr. Colleen Baumtrog