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OAR 581-015-0005 (i): 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, which may manifest itself in an imperfect ability to listen, think, speak, read,
write, spell or do mathematical calculations. Specific learning disability includes conditions such as perceptual disabilities, brain
injury, dyslexia, minimal brain dysfunction and developmental aphasia. The term does not include learning problems that are primarily
the result of visual, hearing, or motor disabilities, mental retardation, emotional disturbance, or environmental, cultural, or economic disadvantage.
Eligibility - If a child is suspected of having a specific learning disability, the following evaluation shall be conducted:
(A) An observation by a team member other than the child's regular teacher of the child's academic performance in a
regular classroom setting; or in the case of a child less than school age or out of school, an observation by a team member
conducted in an age-appropriate environment;
(B) A developmental history, if needed;
(C) An assessment of intellectual ability;
(D) Other assessments of the characteristics of learning disabilities if the child exhibits impairments in any one or more of
the following areas: cognition, fine motor, perceptual motor, communication, social or emotional, and perception or
memory. These assessments shall be completed by specialists knowledgeable in the specific characteristics being
assessed;
(E) A review of cumulative records, previous individualized education programs or individualized family service plans and
teacher collected work samples;
(F) If deemed necessary, a medical statement or health assessment statement indicating whether there are any physical
factors that may be affecting the child's educational performance;
(G) Assessments to determine the impact of the suspected disability:
(i) On the child's educational performance when the child is at the age of eligibility for kindergarten through age 21; or
(ii) On the child's developmental progress when the child is age three through the age of eligibility for kindergarten; and
(H) Additional evaluations or assessments that are necessary to identify the child's educational needs.
For a child suspected of having a specific learning disability, the child shall meet all of the following minimum criteria:
(A) The child does not achieve commensurate with his or her age and ability levels in one or more of the areas listed in
paragraph (12)(b)(B) of this rule when provided with learning experiences appropriate for the child's age and ability
levels;
(B) The child has a severe discrepancy between intellectual ability and achievement in one or more of the following areas:
(i) Oral expression;
(ii) Listening comprehension;
(iii) Written expression;
(iv) Basic reading skills;
(v) Reading comprehension;
(vi) Mathematics calculation (when appropriate, includes general readiness skills); or
(vii) Mathematics reasoning; and
(C) The child's severe discrepancy between ability and achievement is not primarily the result of:
(i) A visual, hearing, or motor impairment;
(ii) Mental retardation;
(iii) Emotional disturbance; or
(iv) Environmental, cultural, or economic disadvantage.
For a child to be eligible for special education services as a child with a specific learning disability, the child's
multidisciplinary team shall determine that:
(A) The child's disability has an adverse impact:
(i) On the child's educational performance when the child is at the age of eligibility for kindergarten through age 21' or
(ii) On the child's developmental progress when the child is age three through the age of eligibility for kindergarten; and
(B) The child needs special education services as a result of the disability.
Definition from Oregon Administrative Rules - OAR
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