Reply to COMAR 13A.05.01 Determination of an SLD -- Has it changed?

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Reply to "COMAR 13A.05.01 Determination of an SLD -- Has it changed?"

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[quote=Anonymous]I am trying to prepare for an initial EMT meeting this week. DD is has working memory and processing speed challenges (among others) but is "gifted" in other intellectual areas.  I had been looking at an online document produced by Maryland Dept of Ed (MSDE) that references the Maryland law for determining if a child has a specific learning disability (SLD).  (www.msde.state.md.us/specialeducation/SLDGuide/SLDGuide-Sig.pdf)  In that document, it says (on 11th page of document which is labeled page 6) 
(1)  The IEP team shall determine that a student has an SLD if:
(a)  The student [b]does not achieve commensurate with the student’s age and ability[/b]
levels in one or more of the areas listed in § C(1) (b) of this regulation, when provided with learning experiences appropriate for the student’s age and ability levels;
(b) The student has a [b]severe discrepancy between achievement and intellectual ability[/b] in one or more of the following areas:
(i) oral expression, ... (list continues)

Yesterday it occurred to me I should make sure this is the current information (duh!) and it now seems I've been using old information.  On the COMAR website (http://www.dsd.state.md.us/comar/getfile.aspx?file=13a.05.01.06.htm) under "Determination of an SLD" it says
(1) In determining whether a student has an SLD, consistent with 20 U.S.C. §1414(b)(6) and 34 CFR §300.307, a public agency:
(a) May use a process that determines whether a student responds to scientific research-based interventions as part of assessment procedures, as described in 20 U.S.C. §1414(b)(2) and (3) and in accordance with Regulation .05 of this chapter;
(b) May use alternative research-based procedures for determining whether a student has a specific learning disability; and
(c)[b] May not be required to use a severe discrepancy between intellectual ability and achievement.[/b]
(2) The IEP team shall determine that a student has an SLD if:
(a) The student does not achieve adequately for the student's age or meet State-approved grade level standards when provided with learning experiences appropriate for the student's age and ability levels in one or more of the following areas:
(i) Oral expression; ... (list continues)

I had been under the assumption that it was relevant that my child was struggling to produce grade level written work when outside testing shows she could do much better with help/accommodations for working memory shortcomings (among other challenges).  E.g. her WISC-IV results show 99th percentile for verbal comprehension and 21st percentile for working memory.  Based on what I see on the COMAR site, I now believe the school will say there is no evidence of learning disability because she isn't below grade level.  I don't think the school will take into account the fact that it is the outside of school private tutoring and other help that is keeping her from being below grade level.

Am I missing something here?

Thanks!

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