(a) General.
A State must adopt, consistent with § 300.309, criteria for determining whether a child has a specific learning disability as defined in § 300.8(c)(10). In addition, the criteria adopted by the State—
(1)
Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability, as defined in § 300.8(c)(10) ;
(2)
Must permit the use of a process based on the child's response to scientific, research-based intervention; and
(3)
May permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability, as defined in § 300.8(c)(10).
(b) Consistency with State criteria.
A public agency must use the State criteria adopted pursuant to paragraph (a) of this section in determining whether a child has a specific learning disability.
Code of Federal Regulations
(Authority:
20 U.S.C. 1221e-3
; 1401(30); 1414(b)(6))