Identification/ Eligibility
Learning Disabilities Roundtable
Seeking Common Ground
Response of the American Speech-Language-Hearing Association (ASHA) and the Division for Communicative Disabilities and Deafness (DCDD)


Category: Identification/Eligibility

Priority Issues Addressed in Response:
The response of ASHA and DCDD focuses on the process that can be used to identify individuals with learning disabilities and determine if they are eligible for special and education and related services.
ASHA and DCDD Response to Issues:

The ASHA response is based on the National Joint Committee on Learning Disabilities document titled, "Operationalizing the NJCLD Definition of Learning Disabilities for Ongoing Assessment in Schools," (February 1, 1997)

The NJCLD Definition

Learning disabilities is a general term that refers to a heterogeneous group of disorders manifested by significant difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning, or mathematical skills. These disorders are intrinsic to the individual, presumed to be due to central nervous system dysfunction, and may occur across the life span. Problems in self-regulatory behaviors, social perception, and social interaction may exist with learning disabilities but do not, by themselves, constitute a learning disability. Although learning disabilities may occur concomitantly with other disabilities (e.g., sensory impairment, mental retardation, serious emotional disturbance), or with extrinsic influences (such as cultural differences, insufficient or inappropriate instruction), they are not the result of those conditions or influences (NJCLD, Learning Disabilities: Issues on Definition, January, 1990).

The Five Constructs Included in the Definition
1. Learning disabilities are heterogeneous, both within and across individuals. Intra-individual differences involve varied profiles of learning strength and need and/or shifts across the life span within individuals. Inter-individual differences involve different manifestations of learning disabilities for different individuals.
2. Learning disabilities result in significant difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning, and/or mathematical skills. Such difficulties are evident when an individual's appropriate levels of effort do not result in reasonable progress given the opportunity for effective educational instruction and with the recognition that all individuals learn at a different pace and with differing effort. Significant difficulty cannot be determined solely by a quantitative test score.
3. Learning disabilities are intrinsic to the individual. They are presumed to be related to differences in central nervous system development. They do not disappear over time, but may range in expression and severity at different life stages.
4. Learning disabilities may occur concomitantly with other disabilities that do not, by themselves, constitute a learning disability. For example, difficulty with self-regulatory behaviors, social perception, and social interactions may occur for many reasons. Some social interaction problems result from learning disabilities; others do not. Individuals with other disabilities, such as sensory impairments, attention deficit hyperactivity disorders, mental retardation, and serious emotional disturbance, may also have learning disabilities, but such conditions do not cause or constitute learning disabilities.
5. Learning disabilities are not caused by extrinsic influences. Inconsistent or insufficient instruction or a lack of instructional experience cause learning difficulties, but not learning disabilities. However, individuals who have had inconsistent or insufficient instruction may also have learning disabilities. The challenge is to document that inadequate or insufficient instruction is not the primary cause of a learning disability. Individuals from all cultural and linguistic backgrounds may also have learning disabilities; therefore, assessments must be designed acknowledging this diversity in culture and language, and examiners who test children from each background must be sensitive to such factors and use practices that are individualized and appropriate for each child.

Three Steps of Assessment for Determining Eligibility for Learning Disabilities

Step 1. Describe learning problems prior to referral for formal assessment.
Purpose. The purposes of Step 1 are to define problems raised by parents, teachers, or students themselves; to consider the history of those concerns; to identify, evaluate, and modify extrinsic factors that may be contributing to the problems; and to begin interventions and accommodations with consultation from a problem-solving team that includes the student's classroom teacher, other teachers and specialists, the parent, and the student when appropriate. The members of the problem-solving team come together based on their collective knowledge of, and experience with, the student involved, and with the relevant instructional contexts.

Process. When a student is having a problem that involves significant difficulty in the acquisition and use of listening, speaking, reading, writing, reasoning, or mathematical abilities, a problem-solving process should begin. The process should enable the student, teachers, other professionals, and the parent to define the learning problem and variations within multiple contexts. This should be a collaborative, student-centered process that results in the implementation of interventions and accommodations designed to meet the student's needs. The options should exist along a continuum of support for the student, teacher, and parent, ranging from minimal consultation and accommodations to extensive interventions.
Decision-making alternatives.
1. If the problem-solving process is effective, provide ongoing educational interventions and accommodations and continue to modify them as necessary; do not, however, refer at this time for formal evaluation.
2. If the problem-solving process is not effective, consider whether appropriate or sufficient interventions and accommodations have been tried or, even if they have not, whether a disability is suspected that may require special education and related services; if so, proceed to referral for formal evaluation for special education and related services.

Step 2. Identify individuals as having learning disabilities.
Purpose. This step incorporates the information from Step 1 with results from additional informal and formal assessments to describe the characteristics of the learner and the pervasiveness and severity of the problems in order to diagnose learning disabilities through a comprehensive evaluation.

Process. The evaluation is conducted by a multidisciplinary team of qualified professionals who collaborate to make a diagnosis based on consideration of strengths as well as weaknesses in the pertinent areas of listening, speaking, reading, writing, reasoning, or mathematical abilities. The unexpectedly low performance should be in relation to the student's age, instructional history, cognitive abilities, and performance in other academic areas, based on multiple measures.

Decision-making alternatives.
1. If the evidence supports a diagnosis of learning disabilities, move to Step 3, where all assessment information will be considered in making an eligibility decision.
2. If the evidence does not support a diagnosis of learning disabilities, additional considerations might be:
(a) Disability other than learning disabilities might best explain the student's learning problems. If so, appropriate diagnostic and intervention techniques should follow.
(b) Disability may be identified and/or extrinsic factors may provide a better explanation of the learning problem; if so, additional consultation with the student and classroom teacher about appropriate educational strategies and accommodations should follow.

Step 3. Determine eligibility for special education and related services.
Purpose. This step involves a collaborative process to determine the need for special education and related services. A student might have learning disabilities and yet still not need special education or related services at all points during the school-age years.

Process. The initial discussion to determine eligibility should be based on assessment activities to:
1. Document the nature of the problem in learning contexts and in naturalistic social interactions involving listening, speaking, reading, writing, reasoning, or mathematical abilities (may be based on information gathered in Step 1).
2. Interpret information from assessment activities in Step 2.
3. Judge mismatches between the student's abilities and important learning demands at a particular point in time.
4. Given the student's pattern of strengths and needs, recommend areas to be addressed in intervention planning.
Decision-making alternatives.
1. Decide that the student is eligible to receive special education and related services.
2. Decide that the student does not currently need special education and related services, but could benefit from consultation services aimed at assisting the student within the general education classroom and curriculum.
3. Decide that the student does not currently need special education and related services under the Individuals with Disabilities Education Act (IDEA), but does require an individual plan under Section 504 of the Rehabilitation Act of 1973.
4. Decide that the student needs no special considerations at the present time.

Implications of Response:

กค Policy: 1) Require State and Local Education Agency policies that mandate assessment by qualified personnel for all students suspected of having a learning disability in the areas of listening, speaking, reading, writing, reasoning, and mathematical skills.
กค Practice: 1) Establish multidisciplinary teams of qualified personnel to provide assessments and interpretation of assessment data/information. 2) Provide adequate support, programs, and services for students with learning problems in the regular education program.
กค Research: Appropriateness of response to intervention as a method for identifying students with learning disabilities.