NC 1503-3.3 Determining the Existence of a Specific Learning Disability

Plain English summary

This regulation establishes the criteria and process for determining whether a child has a specific learning disability (SLD), requiring that a designated group assess whether underachievement is due to lack of appropriate instruction rather than a disability. It mandates documentation of prior instruction, evidence-based interventions, and repeated progress assessments before or during the referral process. The public agency must promptly seek parental consent for evaluation and follow established timeframes unless extended by mutual written agreement.

Key requirements

• The group may determine a child has a specific learning disability if the child meets the requirements in NC 1503-2.5(a)-(c) and (d)(11).
• The group must consider data demonstrating that prior to, or as part of the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel.
• Documentation that evidence-based interventions addressing the identified area(s) of concern were delivered by qualified personnel must be provided.
• Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, 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.
• The public agency must adhere to the timeframes described in NC 1503-2.2 and NC 1503-2.4 unless extended by mutual written agreement of the child's parents and a group of qualified professionals.
• Parental consent and timeframe adherence are required if the child has not made adequate progress after an appropriate period of time when provided instruction as described in paragraphs (b)(1) and (b)(2).
• Parental consent and timeframe adherence are required whenever a child is referred for evaluation.

Affected parties

• Children suspected of having a specific learning disability
• Parents of children referred for SLD evaluation
• Public education agencies
• Qualified personnel delivering instruction and interventions
• IEP/evaluation groups as described in NC 1503-2.7

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=74