§ 300.309 Determining the existence of a specific learning disability.

Plain English summary

This section establishes the criteria a qualified group must apply to determine whether a child has a specific learning disability (SLD). The child must show inadequate achievement in specified academic areas and either fail to respond to research-based intervention or exhibit a pattern of strengths and weaknesses, and the underachievement must not be primarily attributable to other identified factors. The public agency must also ensure prior appropriate instruction was provided and must promptly seek parental consent to evaluate within regulatory timeframes.

Key requirements

• The group may determine a child has a specific learning disability if the child does not achieve adequately for the child's age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child's age or State-approved grade-level standards: oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, mathematics problem solving.
• The child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the identified areas when using a process based on the child's response to scientific, research-based intervention; or the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, 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 §§ 300.304 and 300.305.
• The group determines that its findings are not primarily the result of a visual, hearing, or motor disability; an intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency.
• The group must consider 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.
• The group must consider 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.
• 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 timeframes described in §§ 300.301 and 300.303, unless extended by mutual written agreement of the child's parents and a group of qualified professionals, as described in § 300.306(a)(1).

Affected parties

• public agencies (LEAs)
• evaluation groups (as described in § 300.306)
• children suspected of having a specific learning disability
• parents of children suspected of having a specific learning disability
• qualified personnel delivering instruction in regular education settings
• state educational agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.309