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(3.17) Are some children penalized by the learning disability eligibility criteria?

(3.17) Are some children penalized by the learning disability eligibility criteria?

Yes. The discrepancy model used to determine eligibility for special education can be challenging for certain groups of students, particularly young children and those with varying levels of intellectual ability. Here’s why:

Young Children: For students in kindergarten through second grade, it is often difficult to use the discrepancy model effectively. Achievement tests for these early grades may not capture the full extent of a child’s learning difficulties due to the relatively broad and less detailed nature of early academic assessments. This limitation can make it hard to identify a significant discrepancy between a child’s cognitive ability and academic performance at these early stages.[1].

Low Average Intelligence: Children who score in the low average range on intelligence tests may struggle to qualify for special education under the discrepancy model. This is because a severe discrepancy between ability and achievement is harder to establish when a child’s cognitive abilities are not significantly higher than their academic performance. In such cases, finding a substantial gap between ability and achievement becomes difficult.[2]

Bright Children: Conversely, students who are intellectually gifted are more likely to show a significant discrepancy between their potential and actual academic performance. Because these students have higher cognitive abilities, their academic performance might not reflect their true potential, making it easier to identify a severe discrepancy. [3].

  1. 5 C.C.R. Sec. 3030(b)(10)(B)(3)[]
  2. 5 C.C.R. § 3030(b)(10)(B)(4)[]
  3. 34 C.F.R. Sec. 300.309(b)[]