Page 4 of 4
By Candace Cortiella, The Advocacy Institute
It's important to remember that eligibility is a two-pronged decision. Those involved must decide (1) does the student have a disability, in this case SLD, and (2) because of the impact of that disability, does the student need special education in order to benefit from instruction? It is possible that a student might be found to have a disability, such as SLD, but not to need special education to benefit from instruction.
Drawing upon all of the information provided by the evaluations and other forms of information, the group (the student's parents and qualified professionals) must develop written documentation of their determination of the presence of SLD and eligibility for special education. The documentation must contain statements explaining the group's findings with regard to Steps 1-4. Documentation must also show that the student's parents were fully notified about the policies, strategies, and services provided as part of an intervention process, such as RTI, including the parent's right to request a formal evaluation as prescribed by IDEA at any point during an intervention process.
Each member participating in the determination must provide written certification that the documentation reflects the member's conclusion. If any member(s) disagree with the conclusion, a statement of that member(s) conclusion must also be included in the documentation.
Parents must be given a copy of the evaluation report and the documentation of determination at no cost. If parents disagree with the determination, they may seek resolution through the dispute resolution provisions of IDEA. These provisions are part of the Notice of Procedural Safeguards that must be provided to parents prior to the evaluation of a student suspected of having a disability.
IDEA 2004 federal regulations instruct every state to develop criteria to be used throughout the state for determining whether a student has a specific learning disability. While much of the detail of such criteria is left up to each individual state, the criteria:
Beyond these requirements, states are free to establish criteria that might, in fact, prohibit the use of an ability-achievement discrepancy. Given this state-level flexibility, parents will need to closely follow their state's policies for SLD identification. For more information about your state's policies and procedures, parents are urged to communicate with:
Updated January 2010
Sign up for our newsletter and we'll send you more
insights to help you help your child succeed.
Thank you! You will begin to receive newsletters from us shortly.
Great work! Only one more step. Now we just need you to verify your email address. Please click on the link in the email we just sent you to complete your registration.
Great work! Only one more step. Now we just need you to verify your email address. Please click on the link in the email we just sent you to submit your review.
Please click on the link in the verification email we just sent you to complete your change of email address.
Whoops! It looks like we still need to verify your email. To do so, please click on the link in the email we sent you. Can't find the e-mail? Click the button below and we'll send you a new one.
Thanks for registering. Welcome to GreatSchools, the largest online community committed to improving educational outcomes through parental involvement.
Thanks for verifying your updated email address.
Oops! You haven't verified your email address yet. To do so, please click on the link in the email we sent you. Can't find the email? Click the button below to receive a new one.
Oops! That email verification link has expired. Please click the button below to receive a new one.
Create an account to submit your answers.
Sign in with an existing GreatSchools account or using Facebook:
Your review has been posted to GreatSchools.
Share with friends! Post your opinion of on Facebook.
Welcome to GreatSchools!
For principals and school officials, we offer a special Enhanced School Profile (ESP) which allows you to update and add information about your school, as well as respond to reviews. If you are a school official, click Continue to start.
Please note that it can take up to 48 hours for your comment to be posted to our site. While you're here, we'd like to invite you to fill out a survey on your school's programs, activities, and extracurriculars. It only takes a few minutes and will help parents get a full picture of your school.
Get started now! You have successfully registered and can now start updating your Official School Profile. The information you provide is extremely valuable in helping parents and students learn more about your school, so thanks for taking the time!
Thank you for registering as a school leader. We just need to verify your email address. We've sent you an email - please click on the link in that message to get started editing your school's information!
Thanks! We just sent you an email – please click on the link in the email to post your answers.
Get timely updates for , including performance data and recently posted user reviews.