Iowa Admin. Code r. 281-41.307

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 281-41.307 - Specific learning disabilities

(1)General. The state adopts, consistent with rule 281-41.309(256B, 34CFR300), criteria for determining whether a child is an eligible individual on the basis of a specific learning disability as defined in subrule 41.50(10). In addition, the criteria adopted by the state:

a. Require the use of a process based on the child's response to scientific, research-based intervention or the use of other alternative research-based procedures for determining whether a child has a specific learning disability, as defined in subrule 41.50(10); and

b. Prohibit the use of a severe discrepancy between intellectual ability and achievement for determining whether a child is an eligible individual on the basis of a specific learning disability.

(2)Consistency with state criteria. A public agency must use the state criteria adopted pursuant to subrule 41.307(1) in determining whether a child is an eligible individual on the basis of a specific learning disability.

(3)Rule of construction: "Labelling." Nothing in this rule or rules 281-41. 308(256B, 34CFR300 ) to 281-41.311 (256B, 34CFR300) is to be construed as requiring children evaluated under these rules to be classified as having a specific learning disability, as long as the child is regarded as a child with a disability or an eligible individual under this chapter.

(4)Rule of construction: Use of rules 281-41.307 (256B, 34CFR300) to 281- 41.310(256B, 34CFR300). Nothing in this rule or rule 281-41.308 (256B, 34CFR300) or 281-41.311(256B, 34CFR300) is to be construed as limiting its applicability solely to determining whether a child is an eligible individual on the basis of a specific learning disability. The procedures, methods, etc. listed in this rule and rules 281-41.308 (256B, 34CFR300) and 281-41.310(256B, 34CFR300) may be employed in evaluating any child suspected of being an eligible individual, if appropriate in the child's circumstances.

Iowa Admin. Code r. 281-41.307

Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024