Insight Understanding Idaho’s Updated Eligibility Criteria for Specific Learning Disabilities

Hello everyone! I am excited to share with you this Special Education Law update. By way of introduction, my name is Ryan Spencer. I am an attorney practicing in Hawley Troxell’s Idaho Falls office and am licensed to practice law in Idaho, Wyoming, and Utah. I graduated from BYU-Idaho and received my degree in Special Education, with an emphasis in severe disabilities before attending the University of Idaho College of Law.

I have had a deep passion for special education for my entire life. I found my love for special education in the 4th grade when I first had the opportunity to be a student helper in the special education classroom. Every year since then I volunteered my time in our special education classroom and developed a deep love for those with disabilities, as many of you have. Because of this passion, I have spent a significant amount of my time learning about, teaching, and discussing special education law, namely the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and the applicable Code of Federal Regulations. I have had the opportunity to be a guest lecturer at BYU-Idaho teaching special education law to those in their final year before receiving their B.S. in special education.

My goal with this newsletter is to provide you with updates, insights, and general advice regarding prevalent issues in special education. Depending on interest and feedback, I may begin to produce this newsletter on a monthly basis, but that depends on you!

School has now been in full swing for a few months. I’m sure you are gaining in your stride and are feeling confident as the year continues on. I hope you continue with this energy and confidence as the year goes on!

The Idaho Department of Education has recently released an updated Special Education Manual. This is the first updated manual the IDE has provided since 2018. This update makes a small change, but will likely have a significant impact on special education and the amount of students who receive specially designed instruction. Last October, the Idaho Department of Education was notified that there was an issue with the 2018 Special Education Manual’s eligibility criteria for ”Specific Learning Disability.”

Specific Learning Disability (SLD) Definition:

As a refresher, the IDEA defines SLD as a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. SLD is the most common disability category out of the available disability categories under the IDEA.

20 U.S.C.A. § 1404(30); 34 C.F.R. § 300.8(c)(10)(i); Idaho Special Education Manual, Ch. 4, § 7(B)(8)

Prior to the 2024 update, the eligibility requirements for SLD under the 2018 Idaho Special Education Manual were as follows:

1. The student does not make sufficient progress in response to effective, evidence-based instruction and intervention for the child’s age or to meet state-approved grade-level standards when provided with learning experiences and instruction appropriate for the child’s age or State approved grade level standards in one or more of the following areas:
   1. Oral Expression;
   2. Listening Comprehension;
   3. Written Expression;
   4. Basic Reading Skills;
   5. Reading Comprehension;
   6. Reading Fluency;
   7. Mathematics calculation; or
   8. Mathematics problem solving

AND

2. The student demonstrates low achievement in the area(s) of suspected disability listed above as evidenced by a norm-referenced, standardized achievement assessment. For culturally and linguistically diverse students, the preponderance of evidence must indicate low achievement.

AND

3. The student demonstrates a pattern of strengths and weaknesses in psychological processing skills that impact learning.

AND

4. The disability adversely impacts the student’s educational performance

AND

5. The student requires specially designed instruction.

Now, after the update, the current applicable eligibility requirements for SLD are as follows:

1. The student does not make sufficient progress in response to effective, evidence-based instruction and intervention for the child’s age or to meet state-approved grade-level standards when provided with learning experiences and instruction appropriate for the child’s age or State approved grade level standards in one or more of the following areas:
   1. Oral Expression;
   2. Listening Comprehension;
   3. Written Expression;
   4. Basic Reading Skills;
   5. Reading Comprehension;
   6. Reading Fluency;
   7. Mathematics calculation; or
   8. Mathematics problem solving

OR

2. The student demonstrates a pattern of strengths and weaknesses in psychological processing skills that impact learning

AND

3. The disability adversely impacts the student’s educational performance

AND

4. The student requires specially designed instruction

Did you catch that change? It’s not a big one, but it will have quite a big impact. Under the 2024 State Requirements, to be eligible for SDI and Special Education Services, under the category of Specific Learning Disability, students now only need to demonstrate a lack of response to RTI or demonstrate a pattern of strengths and weaknesses in psychological processing skills that impact their learning.

Because of this change, there will be a significant number of students who will now qualify for SDI and special education services. The standard to qualify under SLD is now a much less rigorous standard, which will likely lead to an increase in qualifying students. This will likely affect caseloads, amount of evaluations, special education referrals, and will increase the burden schools have under Child Find to identify those students who may qualify for special education. Many students who did not qualify for special education services but do have a 504 plan may likely now qualify for special education services. Be vigilant in making these determinations so no one falls through the cracks. Please be proactive in reaching out to parents and informing them of this change.

As many have said before, being a special education teacher is one of the most noble professions I can think of. Thank you for everything that you do to help those who need it most. You have my best wishes. 

This article is provided by Hawley Troxell Ennis & Hawley LLP for educational and information purposes only. It is intended to notify our clients and friends of certain events or issues. It is not intended to be, nor should it be, used as a substitute for legal advice regarding specific factual circumstances.