Section 7-34-D-300.309 - Determining the existence of a specific learning disabilities (SLD)(a) The multidisciplinary evaluation team (group described in §300.306including qualified professionals and the parent of a child) may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if (1) The child does not achieve adequately for the child's age or fails to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child's age or State-approved grade-level standards(ii) Listening comprehension(v) Reading fluency skills (vi) Reading comprehension (vii) Mathematics calculation(viii) Mathematics problem solving(2)(i) The child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in paragraph (a)(1) above when using a process based on the child's response to scientific, research-based intervention; or(ii) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and(3) The group determines that its findings under paragraphs (a)(1) and (2) above are not primarily the result of(i) A visual, hearing, or motor disability;(ii) Intellectual disability;(iii) Emotional disturbance;(v) Environmental or economic disadvantage; or(vi) Limited English proficiency.(b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to a lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §§300.304 through 300.306 (1) Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in general education settings, delivered by qualified personnel; and(2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child's parents.(c) The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in §§300.301(Initial Evaluations) and 300.303 (Reevaluations), unless extended by mutual written agreement of the child's parents and a group of qualified professionals as described in §300.306(a)(1)(Determination of Eligibility)(1) If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in paragraphs (b)(1) and (b)(2); and(2) Whenever a child is referred for an evaluation.7 Miss. Code. R. 34-D-300.309