Specific Learning Disability
SLD Criteria Checklist

A. Definition of Specific Learning Disability

(10) (i) Specific learning disability 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) Specific learning disability 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 C.F.R. § 300.8(c)(10).

“Specific learning disability” means a condition within the pupil affecting learning relative to
potential and:
A. manifested by interference with the acquisition, organization, storage, retrieval,
manipulation, or expression of information so that the pupil does not learn at an adequate
rate when provided with the usual developmental opportunities and instruction from a
regular school environment.
B. demonstrated by a significant discrepancy between a pupil’s general intellectual ability
and academic achievement in one or more of the following areas: oral expression,
listening comprehension, mathematical calculation or mathematics reasoning, basic
reading skills, reading comprehension, and written expression; and
C. demonstrated primarily in academic functioning, but may also affect self-esteem, career
development, and life adjustment skills. A specific learning disability may occur with,
but cannot be primarily the result of: visual, hearing, or motor impairment; cognitive
impairment; emotional disorders; or environmental, cultural, economic influences, or a
history of an inconsistent education program.
Minn. R. 3525.1341, subp. 1.

B. Criteria for Specific Learning Disability

TheThe group described in § 300.306 may determine that a child has a specific learning disability, as defined in § 300.8(c)(1) 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.

(2) (i) The child does not make sufficient progress to meet age or State-grade-level standards in one or more of the areas identified in paragraph (a)(1) of this section when using a process based on the child’s response to scientific, research-based intervention process; or
(ii) The child exhibits a patterns of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments consistent with §§ 300.304 and 300.305; and

(3) The group determines that its findings under paragraph (a)(1) and (2) of this section are not primarily the result of —
(i) A visual, hearing, or motor disability;
(ii) Mental retardation;
(iii) Emotional disturbance;
(iv) Cultural factors;
(v) Environmental or economic disadvantage; or
(vi) Limited English proficiency.
34 C.F.R. § 300.309(a).

To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §§ 300.304 through 300.306 —

(1) Data that demonstrates that prior to, or as part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and

(2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.
34 C.F.R. § 300.309(b).

A pupil has a specific learning disability and is in need of special education and related services when the pupil meets the criteria described in items A, B, and C. Information about each item must be sought from the parent and must be included as part of the evaluation data. The assessment data must confirm that the disabling effects of the pupil's disability occur in a variety of settings.

A. The pupil must demonstrate severe underachievement in response to usual classroom
instruction. The performance measures used to verify this finding must be both
representative of the pupil's curriculum and useful for developing instructional goals and
objectives. The following evaluation procedures are required at a minimum to verify this
finding:

(1) evidence of low achievement from, for example, cumulative record reviews,
classwork samples, anecdotal teacher records, formal and informal tests, curriculum
based [evaluation] results, and results from instructional support programs such as
Chapter 1 and Assurance of Mastery; and

(2) at least one team member other than the pupil's regular teacher shall observe the
pupil's academic performance in the regular classroom setting. In the case of a child
served through an Early Childhood Special Education program or who is out of
school, a team member shall observe the child in an environment appropriate for
child of that age.

B. The pupil must demonstrate a severe discrepancy between general intellectual ability and
achievement in one or more of the following areas: oral expression, listening
comprehension, written expression, basic reading skills, reading comprehension,
mathematical calculation, or mathematical reasoning. The demonstration of a severe
discrepancy shall not be based solely on the use of standardized tests. The team shall
consider these standardized test results as only one component of the eligibility criteria.
The instruments used to evaluate the pupil's general intellectual ability and achievement
must be individually administered and interpreted by an appropriately licensed person
using standardized procedures. For initial placement, the severe discrepancy must be
equal to or greater than 1.75 standard deviations below the mean of the distribution of
difference scores for the general population of individuals at the pupil's chronological
age level.

C. The team must agree that it has sufficient evaluation data that verify the following
conclusions:

(1) the pupil has an information processing condition that is manifested by behaviors
such as: inadequate or lack of expected acquisition of information, lack of
organization skills for example, following directions, written and oral; spatial
arrangements; correct use of developmental order in relating events; transfer of
information onto paper), visual and auditory memory, verbal and nonverbal
expression, and motor control for written tasks such as pencil and paper
assignments, drawing, and copying;

(2) the disabling effects of the pupil's information processing condition occur in a
variety of settings; and

(2) the pupil’s underachievement is not primarily the result of: visual, hearing, or motor
impairment developmental cognitive disabilities; emotional or behavioral disorders;
environmental, cultural, or economic influences; or a history of inconsistent
educational programming.
Minn. R. 3525.1341, subp. 2.

C. Specific Learning Disability Written Report

(a) For a child suspected of having a specific learning disability, the documentation of the
determination of eligibility, as required by § 300.306(a)(2), must contain a statement of —

(1) Whether the child has a specific learning disability;

(2) The basis for making the determination, including an assurance that the determination has
been made in accordance with § 300.306(c)(1);

(3) The relevant behavior, if any, noted during the observation of the child and the relationship of
that behavior to the child’s academic functioning;

(4) The educationally relevant medical findings, if any;

(5) Whether —
(i) The child does not achieve adequately for the child’s age or to meet State-approved grade-level standards consistent with § 300.309(a)(1); and
(ii)(A) the child does not make sufficient progress to meet age or State-approved grade-level standards consistent with § 300.309(a)(2)(i); or
(B) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards or intellectual development consistent with § 300.309(a)(2)(ii);

(6) The determination of the group concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; economic disadvantage; or limited English proficiency on the child’s achievement level; and

(7) If the child has participated in a process that assesses the child’s response to scientific,
research-based intervention —
(i) The instructional strategies used and the student-centered data collected; and
(ii) The documentation that the child’s parents were notified about —

(A) The State’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;
(B) Strategies for increasing the child’s rate of learning; and
(C) The parents’ right to request an evaluation.
(b) Each group member must certify in writing whether the report reflects the member’s
conclusion. If it does not reflect the member’s conclusion, the group member must submit a
separate statement presenting the member’s conclusions.
34 C.F.R. § 300.311.