Environmental Factors
In accordance with the SLD rule, a student may not be found to have a Specific Learning Disability if the IEP team determines that any one of the exclusionary factors listed in the rule is the primary reason for the student’s inadequate
classroom achievement and insufficient progress. The exclusionary factors are: environmental or economic disadvantage; limited English proficiency; cultural factors; other impairments; lack of appropriate instruction in reading, math or any of the eight achievement areas being considered within SLD.
classroom achievement and insufficient progress. The exclusionary factors are: environmental or economic disadvantage; limited English proficiency; cultural factors; other impairments; lack of appropriate instruction in reading, math or any of the eight achievement areas being considered within SLD.
Applying the Rule: IEP Team Discussion of Exclusionary Factors
The discussion of exclusionary factors and their potential impact on SLD eligibility determination is an important IEP team role. The IEP team decision of whether exclusionary factors apply is made on a student by student basis.
The consideration of exclusionary factors requires extensive discussion. Beginning with the review of existing data, the IEP team collects and examines all available data including the referred student’s school history and instructional performance and decides what, if any, additional data is needed to determine eligibility. If additional data on any of the exclusionary factors is needed, the IEP team determines which data must be collected prior to the eligibility determination meeting. If there is evidence that any one of the exclusionary factors is the primary reason for a student’s inadequate achievement or insufficient progress, the IEP team should not find the student to have the impairment of SLD.
To make the determination of whether or not exclusionary factors apply, the IEP team must have considered evidence to determine whether any of the following exclusionary factors are the primary cause of the student’s inadequate classroom achievement or insufficient progress:
• Lack of appropriate instruction in the area(s) of concern,
• Limited English proficiency,
• Cultural factors,
• Environmental or economic disadvantage, or
• Other impairments.