Action | Revisions to comply with the “Individuals with Disabilities Education Improvement Act of 2004” and its federal implementing regulations. |
Stage | Final |
Comment Period | Ended on 5/13/2009 |
SPECIFIC LEARNING DISABILITY 34 CFR 300.39(b)(3))
"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. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of mental retardation; of environmental, cultural, or economic disadvantage.
1. Dyslexia is distinguished from other learning disabilities due to its weakness occurring at the phonological level. Dyslexia is a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.
RECOMMENDATION: Remove the paragraph regarding dyslexia.
JUSTIFICATION: The paragraph regarding dyslexia improperly narrows the requirements of IDEA 2004 and the federal regulations. Despite the complete definition, it implies that dyslexia is the only form of learning disability which meets the criteria for eligibility for special education. This may result in the denial of services to