Deafness means having a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.  Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance, but that is not included under the definition of "deafness" in this section. 

A student with an auditory impairment is one who has been determined to meet the criteria for deafness or for hearing impairment. The evaluation data reviewed by the multidisciplinary team in connection with the determination of a student's eligibility based on an auditory impairment must include an otological examination performed by an Otologist or by a licensed medical doctor, with documentation that an Otologist is not reasonably available. An audiological evaluation by a licensed audiologist shall also be conducted. The evaluation data shall include a description of the implications of the hearing loss for the student's hearing in a variety of circumstances with or without recommended amplification.

Autism is a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

A student with autism is one who has been determined to meet the criteria for autism. Students with Pervasive Developmental Disorders (PDD) are included under this category. The team's written report of evaluation shall include specific recommendations for behavioral interventions and strategies.

Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with
blindness.

A student with deaf-blindness is one who has been determined to meet the criteria for deaf-blindness.  A student with deaf-blindness is one who, based on the evaluations: 

1. Meets the eligibility criteria for auditory impairment and visual impairment specified;
2. Meets the eligibility criteria for a student with a visual impairment and has a suspected hearing loss that cannot be demonstrated conclusively, but a speech/language therapist, a certified speech and language therapist, or a licensed speech language pathologist indicates there is no speech at an age when speech would normally be expected;
3. Has documented hearing and visual losses that, if considered individually, may not meet the requirements for auditory impairment or visual impairment, but the combination of such losses adversely affects the student's educational performance; or,
4. Has a documented medical diagnosis of a progressive medical condition that will result in concomitant hearing and visual losses that, without special education intervention, will adversely affect the student's educational performance.

Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

1. An inability to learn that cannot be explained by intellectual, sensory, or health factors.
2. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
3. Inappropriate types of behavior or feelings under normal circumstances.
4. A general pervasive mood of unhappiness or depression.
5. A tendency to develop physical symptoms or fears associated with personal or school problems.

a. Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.

A student with an emotional disturbance is one who has been determined to meet the criteria for emotional disturbance. The written report of evaluation shall include specific recommendations for behavioral supports and interventions. 

Intellectual Disability means significantly sub-average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance. A student with an intellectual disability is one who has been determined to meet the criteria for Intellectual Disability:

1. Has been determined to have significantly sub‐average intellectual functioning as measured by a standardized, individually administered test of cognitive ability in which the overall test score is at least two standard deviations below the mean, when taking into consideration the standard error of measurement of the test; and
2. Concurrently exhibits deficits in at least two of the following areas of adaptive behavior:

a.  communication, self‐care, home living, social/interpersonal skills, use of community resources,
b.  self-direction, functional academic skills, work, leisure, health, and safety.

Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability‐orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments.  Multiple disabilities does not include deaf‐blindness.

A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities. In meeting the criteria, a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:  

1. The student's disability is expected to continue indefinitely; and
2. The disabilities severely impair performance in two or more of the following areas:

a. psychomotor skills;

b. self-care skills;  

c. communication;

d. social and emotional development; or

e. cognition.

3. Students who have more than one of the disabilities defined in this section, but who do not meet the criteria in subparagraph (A) of this paragraph, shall not be classified or reported as having multiple disabilities. 

A student between the ages of 3‐5 who is evaluated as having mental retardation, emotional disturbance, a specific learning disability, or autism may be described as noncategorical early childhood (NCEC). If this disability is utilized it must be the primary disability.

Orthopedic impairment means having a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

A student with an orthopedic impairment is one who has been determined to meet the criteria for orthopedic impairment. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility based on an orthopedic impairment must include a licensed physician.

Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that:

1. Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and,
2. Adversely affects a child's educational performance.  A student with an other health impairment is one who has been determined to meet the criteria for other health impairment due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette's Disorder. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility based on other health impairment must include a licensed physician.

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 the 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.

1. Disorders not included. 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.

Prior to and as part of the evaluation and in order 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 mathematics, the following must be considered:

1. Data that demonstrates the child was provided appropriate instruction in reading (as described in 20 USC, §6368(3)), and/or mathematics within general education settings delivered by qualified personnel; and
2. Data‐based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction. Data‐based documentation of repeated assessments may include, but is not limited to, response to intervention progress monitoring results, in‐class tests on grade‐level curriculum, or other regularly administered assessments. Intervals are considered reasonable if consistent with the assessment requirements of a student's specific instructional program.
3. A student with a learning disability is one who:

a. Has been determined through a variety of assessment tools and strategies to meet the criteria for a specific learning disability and,

b. 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. 

Criteria for Specific Learning Disability

Pasadena ISD has adopted the Modern Operational Definition and the “Dual Discrepancy/Consistency Model” of SLD (both of which are featured in Flanagan, D.P., Ortiz, S.O., & Alfonso, V.C. (2013) Essentials of Cross-Battery Assessment 3^rd edition, Wiley and Sons).  This model is widely accepted as a best practice in the identification of SLD and is based on a large amount of literature and research (e.g., Kavale & Forness, 2000; Kavale et al., 2009; Berninger, 2001; Feifer, 2012; Fletcher-Janzen & et al., 2001; Geary, Hoard, & Bailey, 2001; Hale & Fiorello, 2004; Hale et al., 2011; McClosky et al., 2001; Naglieri, 2011; Reynolds & Schwartz, 2009; Siegal, 1999; Stanovich, 1999; Vellutino, Scanlon, & Lyon, 2000).  This is the model we are using to determine if a student is eligible for special education services with a Specific Learning Disability (SLD).

There are six (6) diagnostic markers for SLD. Each one of the following markers needs to be present to make a SLD eligibility determination.

1.  A significant academic impairment.  The student needs to have significant difficulties in an academic area of eligibility based on multiple sources.  Tests are important, but other reliable sources of data are necessary (more than grades, STAAR, etc).  Academic impairment is relative to grade level expectations and abilities.  If the evaluation specialist’s measures are “borderline”, more data is helpful to determine this impairment.  The referral concern should be specific to adequately assess the specific area of difficulty.
2. A significant cognitive impairment.  According to IDEA, SLD is defined as, “A disorder in one or more of the basic psychological processes” (300.8(c)(10)(i).  According to the CHC Theory of Human Cognitive Abilities, there are seven (7) broad cognitive areas (Gs):  Fluid Reasoning, Crystallized Intelligence, Short-Term Memory, Long-Term Retrieval, Visual Processing, Auditory Processing, and Processing Speed.  Results are based on converging data sources and supported by “real-world” data and information.
3. Generally average ability to think and reason.  Individuals with SLD are of average or better overall cognitive ability, but have a “specific” area of disability.  SLD is not an appropriate eligibility for those students who have learning difficulties for reasons other than specific cognitive dysfunction.  Global Learning Deficit has never been an eligibility category.  A student with SLD should be able to perform academically at a level close to his/her typically achieving peers when provided with individualized instruction, as well as appropriate accommodations and instructional modifications.  Additionally, student with SLD should possess the ability to learn compensatory strategies and apply them independently, which often requires higher-level thinking and reasoning.  Specific software tools are utilized for the process of determining this marker.  Overall, it must be determined that the student has a generally average ability to think and reason.  This also could be evidenced by typical performance in areas outside of those under consideration for SLD.
4. Consistency between academic and cognitive impairments.  This is where the determination is made that the cognitive impairment (marker #2) is the likely primary cause of the academic impairment (marker #1).  For example, Ga (phonetic coding) links to a disability in Basic Reading Skills, but not Math Calculation.

   However, a deficit in Auditory Processing could be a likely cause of impairment in Basic Reading Skills, as research and data strongly support a linkage between those two areas.  This consistency would be further supported by classroom data and evidence pointing towards this as the primary cause. 

5. The cognitive impairment is domain-specific.  SLD is a vertical problem, not a horizontal one.  The cognitive impairment (marker #2) is different from the other cognitive areas, and stands out.  We must determine whether the cognitive impairment is significantly different from the intact abilities and if the degree of the difference is rare and unusual.
6. Evidence of unexpected underachievement.  The area of academic impairment is significantly different from what would be expected considering the overall cognitive ability of the student.

Role of the Evaluation Team

• Diagnostician/LSSP:  trained to interpret test results.  While tests provide a lot of necessary information, they are not the only factor in determining eligibility.  While this information is “pure” and “reliable”, it is obtained in short bursts, and often difficult to generalize to “real world” information.
• Teachers:  provide “ecological” data and information not gained from standardized measures.  Teachers provide referral and re-evaluation information to the diagnostician/LSSP that is specific and reliable in order to effectively provide testing that matches the concern.

Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, language impairment, or a voice impairment, that adversely affects a child's educational performance.

A student with a speech impairment is one who has been determined to meet the criteria for speech or language impairment. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility based on a speech impairment must include a certified speech and hearing therapist, a certified speech and language therapist, or a
licensed speech/language pathologist.

Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem‐solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries
induced by birth trauma.

A student with a traumatic brain injury is one who has been determined to meet the criteria for traumatic brain injury. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility based on a traumatic brain injury must include a licensed physician, in addition to the licensed or certified practitioners specified in subsection (b)(1) of this section.

Visual impairment, including blindness, means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness. A student with a visual impairment is one who has been determined to meet the criteria for visual impairment as stated in 34 CFR, §300.8(c)(13). The visual loss should be stated in exact measures of visual field and corrected visual acuity at a distance and at close range in each eye in a report by a licensed ophthalmologist or optometrist. The report should also include prognosis whenever possible.
If exact measures cannot be obtained, the eye specialist must so state and provide best estimates. In meeting the criteria stated in 34 CFR, §300.8(c)(13), a student with a visual impairment is one who:

1. Has been determined by a licensed ophthalmologist or optometrist:

a. to have no vision or to have a serious visual loss after correction; or,

b. to have a progressive medical condition that will result in no vision or a serious visual loss after correction.

2. Has been determined by the following evaluations to have a need for special services:

a. a functional vision evaluation by a professional certified in the education of students with visual impairments or a certified orientation and mobility instructor. The evaluation must include the performance of tasks in a variety of environments requiring the use of both near and distance vision and recommendations concerning the need for a clinical low vision evaluation and an orientation and mobility evaluation; and

b. a learning media assessment by a professional certified in the education of students with visual impairments. The learning media assessment must include
recommendations concerning which specific visual, tactual, and/or auditory learning media are appropriate for the student and whether or not there is a need for ongoing evaluation in this area. A student with a visual impairment is functionally blind if, based on the preceding evaluations, the student will use tactual media (which includes Braille) as a primary tool for learning to be able to
communicate in both reading and writing at the same level of proficiency as other students of comparable ability.