The Federal Law's Definitions of Learning Disability IDEA-2004
Federal Definition and Criteria of a Specific Learning
DisabilityIDEA 2004
(c) Definitions of disability terms. The terms used
in this definition are defined as follows:
(10) Specific learning disability is defined as
follows:
(i) General. The term means a disorder in one or more of the basic psychological
processes involved in understanding or in using language, spoken or written,
that may manifest itself in an imperfect ability to listen, think, speak, read,
write, spell, or to do mathematical calculations, including conditions such as
perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and
developmental aphasia. (ii) Disorders not included. The term does not include
learning problems that are primarily the result of visual, hearing, or motor
disabilities, of mental retardation, of emotional disturbance, or of
environmental, cultural, or economic disadvantage. * * *
34 CFR 300.540 Additional team members.
The determination of whether a child suspected of having a specific learning
disability is a child with a disability as defined in § 300.7, must be made by
the child's parents and a team of qualified professionals which must include--
(a)(1) The child's regular teacher; or
(2) If the child does not have a regular teacher, a regular classroom teacher
qualified to teach a child of his or her age; or
(3) For a child of less than school age, an individual qualified by the SEA to
teach a child of his or her age; and
(b) At least one person qualified to conduct individual diagnostic examinations
of children, such as a school psychologist, speech-language pathologist, or
remedial reading teacher.
34 CFR 300.541 Criteria for determining the existence of a specific
learning disability.
(a) 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 paragraph (a)(2) of this section,
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.
(b) 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 disadvantage.
34 CFR 300.542 Observation.
(a) At least one team member other than the child's regular teacher shall
observe the child's academic performance in the regular classroom setting.
(b) In the case of a child of less than school age or out of school, a team
member shall observe the child in an environment appropriate for a child of
that age.
34 CFR 300.543 Written report.
(a) For a child suspected of having a specific learning disability, the
documentation of the team's determination of eligibility, as required by §
300.543 (a)(2), must include a statement of--
(1) Whether the child has a specific learning disability;
(2) The basis for making the determination;
(3) The relevant behavior noted during the observation of the child;
(4) The relationship of that behavior to the child's academic functioning;
(5) The educationally relevant medical findings, if any;
(6) Whether there is a severe discrepancy between achievement and ability that
is not correctable without special education and related services; and
(7) The determination of the team concerning the effects of environmental,
cultural, or economic disadvantage.
(b) Each team member shall certify in writing whether the report reflects his
or her conclusion. If it does not reflect his or her conclusion, the team
member must submit a separate statement presenting his or her conclusions.
Section 504
Section 504 of the Rehabilitation Act of 1973 What is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a civil rights law that
prohibits discrimination on the basis of disability in programs and activities,
public or private, that receive federal financial assistance. This law conforms
to the definition of disability under the Americans with Disabilities Act
Amendments Act (ADAAA). Section 504 does not provide funding for special
education or related services, but it does permit the federal government to
take funding away from programs that do not comply with the law.
How does an individual qualify as disabled under Section 504?
There is no specific mention of learning disabilities in Section 504,
however the law defines a person as disabled if he or she:
has a physical or mental
impairment which substantially limits one or more major life activities,has a record of such an
impairment, oris regarded as having such an
impairment. 28 CFR Sec. 36.104
Under the regulation, learning, reading, thinking and
concentrating among others listed in the ADAAA re all considered major life
activities. As a general rule, if a child is eligible for services under IDEA,
he or she qualifies for protection under Section 504. However, not all students
covered by Section 504 are eligible for IDEA-related services. Section 504 has
much broader definitions of disability and so it pertains to many more people.
What does an evaluation involve?
For school-age children, if parents (or guardians) believe their child
should qualify for protections under Section 504, they should contact their
child's school about an evaluation. The law mandates that an evaluation must
include a variety of assessment tools that will accurately demonstrate the
child's specific areas of educational need. The evaluation process should also
consider various other factors, such as teacher recommendations, physical
condition, social and cultural background, behavior and any independent
evaluations. Evaluation and service decisions are made by a multi-disciplinary
team of people familiar with the child who understands the means of evaluation
and the special service options. Section 504 requires the use of evaluation
procedures that ensure that a child is not misclassified, unnecessarily labeled
as having a disability or incorrectly placed. The child must be re-evaluated
periodically.
It is unlawful to consider the child's use of ‘mitigating measures' in
determining eligibility under Section 504. In other words, students cannot be
penalized for the use of coping strategies or adaptive behaviors when being
evaluated under Section 504.
What happens if a child is eligible for services under Section 504?
If a child is considered disabled under Section 504, school district
personnel must create a Section 504 plan. If that child is also eligible for
services under IDEA, then in most cases the Individualized Education Program
(IEP) will take the place of a Section 504 plan. Some school districts use a
separate form.
In order to determine what kind of services would be most appropriate
for a child, a team of regular and special education teachers, as well as the
school principal, will meet to consider the child's disability, how it affects
the child's education and what services would be most helpful. Parents (or
guardians) should be present for all planning sessions regarding their child.
What services are available under Section 504?
Section 504 clearly states that a free and appropriate education must
be made available to all qualified students with disabilities. The educational
needs of students with disabilities must be met as adequately as the needs of
students without disabilities.
A child may be placed in regular education classes with accommodations
such as a computer or other technology, extended time for test taking or
special services such as after-school tutoring. Modifications in academic
requirements and expectations may also be considered. In each case, the
individual educational needs of the child should be addressed in the least restrictive
environment (LRE) possible.
What is the role of a parent under Section 504?
Under Section 504, a child's school district must receive permission
from a parent (or guardian) to evaluate the child. Parents should also ask to
participate in all aspects of planning and decision-making for the child's
education.
Once a child has been evaluated the school must notify the parents (or
guardians) about the results and any decisions that are made. If the parents
disagree with any decisions the child's school makes, both the parents and the
school have the right to use mediation to resolve any differences of opinion.
By NCLD Public Policy Staff
Published: March 12 2009
Section 504 Update!
Section 504 in 2009: Broader Eligibility, More
Accommodations By Laura Kaloi, NCLD Public Policy
Director, and Kristin Stanberry
Published: March 12, 2009
Did you know that, effective
January 2009, eligibility for protection under Section 504 of the
Rehabilitation Act became broader?
Some students who did not qualify for
Section 504 in the past, or who were not eligible for services and supports
under the Individuals with Disabilities Education Act (IDEA) may now qualify
for Section 504 plans. Students with Section 504 plans may now qualify for
additional supports, services, auxiliary aids, and/or accommodations in
public schools. For many students with learning disabilities (LD) and/or
AD/HD (Attention-Deficit/Hyperactivity Disorder), this is good news!
These
positive changes are the result of recent amendments to the Americans with
Disabilities Act (ADA), a broad civil rights law that also impacts Section
504.
You'll be especially interested in these developments if:
Your child was
evaluated under IDEA but was found ineligible.
Your child was
previously evaluated for Section 504 but was found ineligible.
Your child is
currently receiving informal accommodations in school.
Your child has a
Section 504 plan in place. (If your child has an IEP, he is
automatically considered to have a 504 plan.)
Your child needs
accommodations on the SAT or ACT.
