1. Learning Disability Over-identification

IEP teams can say no to referrals of at-risk children when there is a history of inappropriate classroom instruction, or the child is a limited English proficiency pupil (IDEA 2004 regulations, Education Legacy):

“A child must not be determined to be a child with a disability under 34 CFR Part 300 if the determinant factor for that determination is lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA); lack of appropriate instruction in math; or limited English proficiency.
[34 CFR 300.306(b)(1)] [20 U.S.C. 1414(b)(5)]”

Unanswered is how the team would assess instruction.

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