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Verification of A Learning Disability in Adults

I. Documentation Requirements

A. A Qualified Professional Must Conduct the Evaluation
Professionals conducting evaluations and rendering diagnoses or diagnostic impressions of and making recommendations for accommodations must be qualified to do so. Generally, clinical or educational psychologists, neuro-psychologists, physicians with training and experience in the assessment of learning problems in adults, and relevantly trained licensed professional counselors are considered qualified. Use of diagnostic terminology indicating a specific learning disability by someone whose training and experience are not in these fields is generally not acceptable. Finally, the name, title, and credentials of the qualified professional writing the report should be included. Information about license or certification, as well as the area of specialization, employment, and state or province in which the individual practices, should also be clearly stated in the documentation. All reports should be in English, typed or printed on professional letterhead, dated, and signed.

B. Documentation Must Be Current
Reasonable accommodations and services are based on the assessment of the current impact of the disability on academic performance. In most cases an evaluation must have been completed within the last three years. There is some flexibility in accepting documentation that is older if the previous assessment is applicable to the current or anticipated situation. More recent documentation may be required if changes have occurred in the individual’s performance, etc. since the previous assessment. Students who submit documentation that is not current, adequate, or does not address he current level of in functioning will be required to update the evaluation or submit a new report. If updated or a new report submitted, the requirements are the same for information received. It is understood that once a person is diagnosed as having a qualified learning disability under the Americans with Disabilities Act the disability is normally viewed as life-long. Although the learning disability will continue, the severity of the condition may change over time.

C. Documentation Necessary to Substantiate the Learning Disability Must be Comprehensive
Documentation must validate the need for services based on the candidate's current level of functioning in the educational setting. A school plan such as an individualized education program (IEP) or a 504 plan is insufficient documentation in and of itself but can be included as part of a more comprehensive assessment battery. A comprehensive assessment battery and the resulting diagnostic report must include a diagnostic interview, assessment of aptitude, measure of academic achievement and information processing.
 
1. Diagnostic Interview - Because learning disabilities are commonly manifested during childhood, though not always formally diagnosed, relevant historical information regarding the candidate's academic history and learning processes in school prior to postsecondary education must be investigated and documented. An evaluation2/16/04 report should include the summary of a comprehensive diagnostic interview by a qualified evaluator. A combination of candidate self-report, interviews with others, and historical documentation, such as transcripts and standardized test scores, is recommended. The evaluator must provide a summary that includes:
 
a. a description of the presenting problem(s);
b. developmental history; relevant medical history, including the absence of a medical basis for the present symptoms;
c. academic history including results of prior standardized testing;
d. reports of classroom performance;
e. relevant family history, including primary language of the home and the candidate's current level of fluency of English;
f. relevant psychosocial history; relevant employment history; a discussion of dual diagnosis, alternative or co-existing mood, behavioral, neurological, and/or personality disorders along with any history of relevant medication use that may affect the individual's learning;
g. and exploration of possible alternatives that may mimic a learning disability when, in fact, one is not present.
2. Assessment - The neuropsychological or psycho educational evaluation for the diagnosis of a specific learning disability must provide clear and specific evidence that a learning disability does or does not exist. Assessment, and any resulting diagnosis, must consist of and be based on a comprehensive assessment battery that does not rely on any one test or subtest.

D. Objective evidence of a substantial limitation to learning must be provided. A list of diagnostic tests and instruments that may be used to supplement the clinical interview and support of functional limitations are included in Subchapter 11-900. Minimally, the domains to be addressed must include the following:
 
1. Aptitude/Cognitive Ability
A complete intellectual assessment with all subtests and standard scores reported is essential.
2. Academic Achievement - A comprehensive academic achievement battery is essential, with all subtests and standard scores reported for those subtests administered. The battery must include current levels of academic functioning in relevant areas such as reading (decoding and comprehension), mathematics, and oral and written language.
3. Information Processing - Specific areas of information processing (e.g., short- and long-term memory; sequential memory; auditory and visual perception/processing; processing speed; executive functioning; motor ability) should be addressed.
4. Documentation Must Include a Specific Diagnosis - Documentation must be consistent with the Diagnostic and Statistical Manual, Fourth Edition (DSM-IV-TR) criteria for diagnosis of the disorder(s). Nonspecific diagnoses do not constitute a learning disability. It is important to rule out alternative explanations for problems in learning, such as emotional, attentional, or motivational problems, that may be interfering with learning but do not constitute a learning disability. The evaluator is encouraged to use direct language in the diagnosis and documentation of a learning disability.
5. Actual test scores from standardized instruments must be provided - standard scores and/or percentiles must be provided for all normed measures. Grade equivalents must be accompanied with standard scores and/or percentiles. The data must logically reflect a substantial limitation to learning for which the student is requesting the accommodation. The particular profile of the candidate's strengths and weaknesses must be shown to relate to functional limitations that may necessitate accommodations. The tests used must be reliable, valid, and standardized for use with an adult population. The test findings must document both the nature and severity of the learning disabilities. Informal inventories, surveys, and direct observation by a qualified professional may be used in tandem with formal tests in order to further develop a clinical hypothesis.
6. Each Accommodation Recommended by the Evaluator Must Include a Rationale - It is important to recognize that accommodation needs can change over time and are not always identified through the initial diagnostic process. Conversely, a prior history of accommodation, without demonstration of a current need, does not in and of itself warrant the provision of a like accommodation. The diagnostic report must include specific recommendations for accommodation(s) as well as a detailed explanation of why each accommodation is recommended. The evaluator(s) must describe the impact the diagnosed learning disability has on a specific major life activity as well as the degree of significance of this impact on the individual. The evaluator should support recommendations with specific test results or clinical observations.
7. An interpretative summary must be provided - A well-written diagnostic summary based on a comprehensive evaluative process is a necessary component of the report. A clinical summary must include:
 
a.) Indication that the evaluator ruled out alternative explanations for academic problems, such as poor education, poor motivation and/or study skills, emotional problems, attentional problems, and cultural/language differences
b.) Indication of how patterns in cognitive ability, achievement, and information processing are used to determine the presence of a learning disability
c.) Indication of the substantial limitation to learning presented by the learning disability and the degree to which it affects the individual in the testing context for which accommodations are being requested
d.) Indication of why specific accommodations are needed and how the effects of the specific disability are mediated by the accommodations.

(Adapted from Educational Testing Service Disability Guidelines for Documentation, Princeton, New Jersey, 2001)

 

 

 
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