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(3.9) Are IQ scores the only basis for eligibility for special education based on intellectual disability?

(3.9) Are IQ scores the only basis for eligibility for special education based on intellectual disability?

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No. In order for a student to be eligible under this category, they must demonstrate:

  1. Deficits in adaptive behavior, which refers to a child’s ability to function effectively in age-appropriate activities with others. Adaptive behavior encompasses skills necessary for independent living and interacting appropriately with others.
  2. Significantly below average general intellectual functioning. 

Both of these criteria must have manifested during the developmental period and adversely affect the student’s current educational performance.[1]

Adaptive behavior means age-appropriate behavior that enables a student to live independently, function successfully in every day life activities, and interact appropriately with others.

Due to the Larry P. v. Riles case, the California State Department of Education (CDE), in 2022 updated its earlier directive to state that school districts must not use any assessment that is a “standardized intelligence test” for purposes of identifying or placing Black students in a category or placement that is “substantially equivalent” to what was formerly known as EMR.[2] The California Association of School Psychologists has interpreted CDE’s directive to mean that IQ tests may not be used to place Black students in the category of Intellectual Disability (“ID”), but school psychologists may still exercise their professional judgment as to whether to use IQ tests for other suspected areas of disability, so long as they follow all other legal requirements.[3]” See Chapter 2, Information on Evaluations/Assessments.

  1. 34 C.F.R. Sec. 300.8(c)(6); 5 C.C.R. Sec. 3030(b)(6).[↩]
  2. Cal. Dept. of Educ., Mem. Re. Special Education Assessment of African American Students (Sept. 14, 2022), available at https://www.cde.ca.gov/sp/se/ac/memo091422.asp.[↩]
  3. See Cal. Assoc. of Sch. Psycs., CASP’s Response to CDE’s Memorandum on Special Education of African American Students – Sept. 14, 2022 (Oct. 10, 2023), available at https://casponline.org/pdfs/resource-papers/Updated%20Larry%20P.%20Guidance%20Paper%2010-10-23.pdf.[↩]