A team may determine that a child has a specific learning disability if:
The child does not achieve commensurate with his or her age and ability levels in one or more of the areas listed below, if provided with learning experiences appropriate for the child’s age and ability levels; and
The child has a severe discrepancy between achievement and intellectual ability in one or more of the following areas: Oral expression; listening comprehension; written expression; basic reading skill; reading comprehension; mathematics calculation; mathematics reasoning, and/or a presented portfolio, and/or teacher reports on daily work which shows academic performance is not in an acceptable range and the learning processing disability can be seen or it was stated.
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:
A visual, hearing, or motor impairment;
intellectual disabilities;
Emotional disturbance; or
Environmental, cultural or economic disadvantage.
Observation:
At least one team member other than the child’s regular teacher shall observe the child’s academic performance in the regular classroom setting.
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.
Written report For a child suspected of having a specific learning disability, the documentation of the team’s determination of eligibility must include a statement of:
Whether the child has a specific learning disability.
The basis for making the determination.
The relevant behavior noted during the observation of the child.
The relationship of that behavior to the child’s academic functioning.
The educationally relevant medical findings, if any.
Whether there is a severe discrepancy between achievement and ability that is not correctable without special education and related services.
The determination of the team concerning the effects of environmental, cultural, or economic disadvantage.
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.