![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 34 - Education |
![]() |
Subtitle B - Regulations of the Offices of the Department of Education |
![]() |
Chapter III - Office of Special Education and Rehabilitative Services, Department of Education |
![]() |
Part 300 - Assistance to States for the Education of Children With Disabilities |
![]() |
Subpart E - Procedural Safeguards Due Process Procedures for Parents and Children |
![]() |
Additional Procedures for Evaluating Children With Specific Learning Disabilities |
§ 300.541 - Criteria for determining the existence of a specific learning disability.
-
(a) A team may determine that a child has a specific learning disability if—
(1) The child does not achieve commensurate with his or her age and ability levels in one or more of the areas listed in paragraph (a)(2) of this section, if provided with learning experiences appropriate for the child's age and ability levels; and
(2) The team finds that a child has a severe discrepancy between achievement and intellectual ability in one or more of the following areas:
(i) Oral expression.
(ii) Listening comprehension.
(iii) Written expression.
(iv) Basic reading skill.
(v) Reading comprehension.
(vi) Mathematics calculation.
(vii) Mathematics reasoning.
(b) 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—
(1) A visual, hearing, or motor impairment;
(2) Mental retardation;
(3) Emotional disturbance; or
(4) Environmental, cultural or economic disadvantage.