Policy – Category 5000 (Students)
BP 5003 – Eligibility Criteria Individual with Exceptional Needs
4.0
Specific Learning Disabilities
California Education Code § 56337(b). Notwithstanding any other law and pursuant to Section 1414(b)(6) of Title 20 of the United States Code, in determining whether a pupil has a specific learning disability as defined in subdivision (a), a local educational agency is not required to take into consideration whether a pupil has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning. California Education Code § 56337(c). In determining whether a pupil has a specific learning disability, a local educational agency may use a process that determines if the pupil responds to scientific, research-based intervention as a part of the assessment procedures described in Section 1414(b)(2) and (3) of Title 20 of the United States Code and covered in Sections 300.307 to 300.311, inclusive, of Title 34 of the Code of Federal Regulations. Title 5 of the California Code of Regulations § 3030(b)(10)(A)-(C). 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 have manifested itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The basic psychological processes include attention, visual processing, auditory processing, phonological processing, sensory-motor skills, cognitive abilities including association, conceptualization and expression. A. Specific learning disabilities do not include learning problems that are primarily the result of visual, hearing, or motor abilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage. B. In determining whether a pupil has a specific learning disability, the public agency may consider whether a pupil has a severe discrepancy between intellectual disability and achievement in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning. The decision as to whether or not a severe discrepancy exists shall take into account all relevant material
BP 5003 – Eligibility Criteria Individual with Exceptional Needs
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 09/18)
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