Following are State-level criteria for determining the existence of a specific learning disability. Each charter school and cyber charter school shall develop procedures for the determination of specific learning disabilities that conform to criteria in this section. These procedures shall be included in the school’s charter application and annual report. To determine that a child has a specific learning disability, the charter school or cyber charter school shall:

1. (1) Address whether the child does not achieve adequately for the child’s age or meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and scientifically based instruction appropriate for the child’s age or State-approved grade-level standards:

   1. (i) Oral expression.
   2. (ii) Listening comprehension.
   3. (iii) Written expression.
   4. (iv) Basic reading skill.
   5. (v) Reading fluency skills.
   6. (vi) Reading comprehension.
   7. (vii) Mathematics calculation.
   8. (viii) Mathematics problem solving.

2. (2) Use one of the following procedures:

   1. (i) A process based on the child’s response to scientific, research-based intervention, which includes documentation that:

      1. (A) The student received high quality instruction in the general education setting.
      2. (B) Research-based interventions were provided to the student.
      3. (C) Student progress was regularly monitored.
   2. (ii) A process that examines whether a child exhibits a pattern of strengths and weaknesses, relative to intellectual ability as defined by a severe discrepancy between intellectual ability and achievement, or relative to age or grade.

3. (3) Have determined that its findings under this section are not primarily the result of any of the following:

   1. (i) A visual, hearing or orthopedic disability.
   2. (ii) Intellectual disability.
   3. (iii) Emotional disturbance.
   4. (iv) Cultural factors.
   5. (v) Environmental or economic disadvantage.
   6. (vi) Limited English proficiency.

4. (4) Ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics by considering documentation that:

   1. (i) Prior to, or as a part of, the referral process, the child was provided scientifically-based instruction in regular education settings, delivered by qualified personnel, as indicated by observations of routine classroom instruction.
   2. (ii) Repeated assessments of achievement were conducted at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.

Authority

The provisions of this § 711.25 adopted under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)); and amended under sections 1701-A—1732-A, 1749-A(b)(8) and 1751-A of the Public School Code of 1949 (24 P.S. § § 17-1701-A—17-1732-A, 17-1749-A(b)(8) and 17-1751-A).

Source

The provisions of this § 711.25 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7487. Immediately preceding text appears at serial pages (335474) to (335475).