34 C.F.R. § 300.307

Specific learning disabilities

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(a) General. A State must adopt, consistent with § 300.309, criteria for determining whether a child has a specific learning disability as defined in § 300.8(c)(10). In addition, the criteria adopted by the State—

(1) Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability, as defined in § 300.8(c)(10);

(2) Must permit the use of a process based on the child's response to scientific, research-based intervention; and

(3) May permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability, as defined in § 300.8(c)(10).

(b) Consistency with State criteria. A public agency must use the State criteria adopted pursuant to paragraph (a) of this section in determining whether a child has a specific learning disability.

(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6))

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1993–2024 · leading case: Michael P. v. Department of Education

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Michael P. v. Department of Education (2011) ca9 · cites it 16× “14, 2006) (to be codified at 34 C.F.R. § 300.307 ). The amended regulations provide that an evaluation team may find a child eligible for special education under the "specific learning disability" classification if the child demonstrates (1) inadequate *1062 achievement relative…”

Davis v. District of Columbia (2017) dcd · cites it 3× “See 34 C.F.R. §§ 300.307 , .309(a); 5-E D.C. Mun.”

Diaz-Fonseca v. Commonwealth of PR (2006) ca1 “See 34 C.F.R. § 300.307 (a) (“Physi *21 cal education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE.”

D.B. v. Bedford County School Board (2010) vawd · cites it 5× “34 C.F.R. § 300.307 (a). A public agency must use the state criteria adopted pursuant to 34 C.”

Myles S. Ex Rel. SS v. Montgomery County Board of Education (1993) almd · cites it 2× “” The hearing officer found that another regulation, 34 C.F.R. § 300.307 , provides that physical education must be .”

Mifflin County School District v. Special Education Due Process Appeals Board (2002) pacommwct “34 C.F.R. § 300.307 . Because the physical and occupational therapy was sufficient, the Panel denied the Fishers’ request for 282 hours of compensatory education based on the inadequacy of this therapy.”

Dr. P. Schellbach v. Colonial IU 20 (2017) pacommwct · cites it 2× “To support her disagreement with the eligibility criteria used by the District, Appellant observes that under 34 CFR §300.307 , state criteria “must not require the use of a severe discrepancy between intellectual ability and 8 achievement for determining whether a child has a…”

Reynolds v. George County School District (2022) mssd “at 1556 (citing 34 C.F.R. § 300.307 (c) (“[The Act] contemplates that the determination whether special education is necessary will be determined by the [plan].”

J.M. v. SUMMIT CITY BOARD OF EDUCATION (2020) njd “2; see also 34 C.F.R. § 300.307 (a). The Parents argue that they presented evidence showing a severe discrepancy between C.”

P.F. v. OCEAN TOWNSHIP BOARD OF EDUCATION (2022) njd “2; see also 34 C.F.R. § 300.307 (a). Applying the severe discrepancy approach, I find that the District, as it was required to do, considered a variety of assessments in addition to the results of the UTAH Estimator, when making its Eligibility Determination.”

G.M. v. William J. Barnes (2024) ca4 “” 34 C.F.R. § 300.307 (a). Maryland has done so.”

— 34 C.F.R. § 300.307(a) — 1 case

D.B. v. Bedford County School Board (2010) vawd “34 C.F.R. § 300.307 (a). A public agency must use the state criteria adopted pursuant to 34 C.”

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