LD & 18-Point Discrepancy Model

The Board of Special Education Appeals posted on its website on 09-28-04 an excellent statement for parents of learning disabled kiddos who are being denied services because they're not "bad enough" yet. The hearing number is 1415.04 and the full text is available at http://ideanet.doe.state.in.us/legal/appeals.html.

"Although the School often employed appropriate assessment instruments with respect to the Student, its continual reliance upon an 18-point discrepancy from the so-called "LD Guidelines" is a substantive procedural defect that denied the Student a FAPE. The "LD Guidelines" never possessed any scientific bases, was unreliable, was invalid and directly interfered with the function of the Case Conference Committee. The employment of this long-discredited standard resulted in an application of a sole criterion for determining eligibility, which contravenes both State and Federal law. 511 IAC 7-26-8; 511 IAC 7-25-3(i). The Office of Special Education Programs notified the Indiana Department of Education over twelve (12) years ago that the "LD Guidelines" were contrary to the requirements of the IDEA. The Department of Education notified all affected parties then and continues to do so -- that the LD Guidelines and the attendant 18-point discrepancy are invalid and are not to be used. The School in this matter is charged with knowing this."

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