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Facts

Learning Disability…What is it?

Learning disabilities are disorders that cause the brain to process information in a way that obstructs learning. Students with a learning disability have a difficult time in performing verbal and nonverbal information. They have difficulties collecting and categorizing information. A learning disability is not a problem with intelligence. Usually the intelligence overall cognitive ability is within normal limits. However, there are problems with processing sensory information which interferes in their daily activities such as in school or work, thus affecting a child’s school experience and self esteem. Because a learning disability is caused by a problem in the nervous system that affects how information is received, processed or communicated, a child cannot overcome a learning disability by focusing their attention, by trying harder, or by trying motivational strategies. Learning disabilities emerge and are more prevalent as the child is exposed to more academic experiences: Reading, Written language, Math, Memory, cognitive process, social and behavioral characteristics.

Some Symptoms or characteristics of a Learning Disability

  • Hyperactivity, unable to control impulses
  • Poor coordination
  • Difficulty with thinking/memory
  • Specific academic difficulties
  • Poor eye-hand coordination
  • Perceptual-motor difficulties
  • Low attention span

How does the law define Learning Disability?

C.F.R. §300.309. Determining the existence of a specific learning disability.

(a) The group described in § 300.306 may determine that a child has a specific learning disability, as defined in § 300.8(c)(10), if —
(1) 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:

(i) Oral expression.
(ii) Listening comprehension.
(iii) Written expression.
(iv) Basic reading skill.
(v) Reading fluency skills.
(vi) Reading comprehension.
(vii) Mathematics calculation.
(viii) Mathematics problem solving.

Tex. Admin. Code §89.1040. Eligibility Criteria.

(c) Eligibility definitions.
...

(9) Learning disability.
...

(B) A student with a learning disability is one who:
...
(ii) does not achieve adequately for the child's age or meet state-approved grade-level standards in oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, or mathematics problem solving when provided appropriate instruction, as indicated by performance on multiple measures such as in-class tests; grade average over time (e.g. six weeks, semester); norm- or criterion-referenced tests; statewide assessments; or a process based on the child's response to scientific, research-based intervention; and

(I) does not make sufficient progress when provided a process based on the child's response to scientific, research-based intervention (as defined in 20 USC, §7801(37)), as indicated by the child's performance relative to the performance of the child's peers on repeated, curriculum-based assessments of achievement at reasonable intervals, reflecting student progress during classroom instruction; or

(II) exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, grade-level standards, or intellectual ability, as indicated by significant variance among specific areas of cognitive function, such as working memory and verbal comprehension, or between specific areas of cognitive function and academic achievement.
...

Last Amended: November 11, 2007, 32 TexReg 8129.
Entered: December 17, 2007

Information on rule outs:

It must be determined that the underachievement of a student suspected of having a Specific Learning Disability is not due to lack of appropriate instruction in reading or math. This determination is made by considering:

Data that demonstrates that prior to or as part of the referral process, the child was provided instruction which was

Delivered by qualified personnel
In the regular education settings
Appropriate in the area of reading
Appropriate in the area of mathematics

Exclusionary Factors:

The effects on the student’s achievement level is not primarily the result of:

  • visual, hearing, or motor disabilities
  • mental retardation
  • emotional disturbance
  • cultural factors
  • environmental
  • economic disadvantages
  • limited English proficiency

The effects on the student’s achievement levels is not primarily the result of visual, hearing, or motor disabilities; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency.


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