SUBJECT: Definition and Accommodation of Learning Disabilities

SOURCE:

Memorandum from the Vice Chancellor for Academic Affairs to Presidents, Chief Academic Officers, Chief Student Officers, 10/28/91, Memorandum from the Vice Chancellor for Academic Affairs to Chief Academic Officers and Chief Student Affairs Officers, 9/11/92, Memorandum from Vice Chancellor for Academic Affairs to Presidents, Chief Academic Officers, Chief Student Officers, 8/18/94, Memorandum from Senior Vice Chancellor to Academic Vice Presidents 6/14/96, Memorandum from Senior Vice Chancellor to Academic and Student Affairs Vice Presidents, 6/04/99

PROCEDURES

The following procedures for the diagnosis and accommodation of learning disabled students are based on a report from the Administrative Committee on Learning Disorders. The report was endorsed by the Advisory Council in August, 1991, and by the Board of Regents in September, 1991. The procedures were updated in 1999.

DEFINITION AND CRITERIA FOR EVALUATION

All institutions of the University System shall employ the same definition of learning disabilities in order to promote evenness in the way students with learning disabilities are accommodated. A definition that was originally published by the Interagency Committee on Learning Disabilities (1987) has been adopted as being in keeping with current practices of most state and federal guidelines. The following definition shall serve as the basis for diagnosis in the University System:

Learning disabilities is a generic term that refers to a heterogeneous group of disorders manifested by significant difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning, or mathematical abilities, or of social skills. These disorders are intrinsic to the individual and presumed to be due to central nervous system dysfunction. Even though a learning disability may occur concomitantly with other handicapping conditions (e.g., sensory impairment, mental retardation, social and emotion disturbance), with socio-environmental influences (e.g., cultural differences, insufficient or inappropriate instruction, psychogenic factors), and especially with attention deficit disorder, all of which may cause learning problems, a learning disability is not the direct result of those conditions or influences. (Interagency Committee on Learning Disabilities [1987]).

This definition may be modified in the future to be consistent with any changes made by the Interagency Committee on Learning Disabilities. The current definition does not include social skills deficits and attention deficit disorders as learning disabilities, and it supports the cognitive or information processing deficit model of learning disabilities in that deficits in basic academic areas are due to an underlying deficit in a related cognitive or information processing system. Academic area deficits which do not have a correlated cognitive or processing deficit are not considered to represent a specific learning disability. Therefore, learning disabilities may be identified in the following academic areas: reading, writing, spelling, mathematics, and language. Deficits in specific course topics such as Russian History, Marketing, or Sociology would not be expected, although a student with a reading and/or writing disability may have difficulty in any course with heavy reading or writing requirements.

The following cognitive or processing domains are typically identified as areas of specific deficits in such students:

Language - including auditory discrimination or processing, phonological awareness, comprehension, expression, naming, or related linguistic functions

Visual-Spatial - including analysis and synthesis of spatial information, visual perception/processing

Memory - including auditory, visual, verbal, or spatial modalities. Deficits may appear in either short-term, sequential, working or long-term memory functions

Fine motor/dexterity skills

Executive Functions - including concept formation, problem solving, processing speed, mental flexibility, and organizational/planning abilities

Attention - including the ability to focus on relevant information to the exclusion of irrelevant information, ability to switch attention and maintain attention

The criteria a student must exhibit are one or more, but not all, areas of specific academic deficits as stated above; a correlated cognitive or processing deficit which is related to the academic deficit; and average intellectual ability.

To be considered an area of academic deficit, a student's individually administered standardized achievement test results must fall at least a standard deviation below the student's intellectual abilities, or a standard deviation below the student's other academic abilities as assessed by the same measures.

Average intellectual abilities will be defined as the student's best verbal or nonverbal domain score (for example, either the PIQ or VIQ on the WAIS-III) on a standardized global measure of intelligence. A standard IQ score of 90 or above will be considered in the average range.

A correlated cognitive or processing deficit must be demonstrated on multiple independent tests of cognitive functioning in a specific cognitive or processing area (as listed above), which is documented with measures in addition to and evidence obtained from the global IQ test. The deficit must represent a logical basis for the academic deficit. For example, one would not expect a specific fine motor deficit to be directly linked to a reading disability.

Professional clinical judgement and interpretation must be part of any assessment if made by a clinician with expertise in assessing such disorders in adults. This is particularly important in the case of minority or international students involved in standardized testing. Consideration of a student¹s cultural, linguistic, and international status must be included in any evaluation results. The use of any particular eligibility formula for learning disabilities at the post-secondary educational level has not been validated in research at this time. Therefore, the use of any such objective formulas using just test scores is unwarranted and problematic.

The use of previous evaluation information may be integrated into this evaluation process if deemed appropriate by the professional assessment team.

THE ACCOMMODATION OF STUDENTS WITH LEARNING DISABILITIES

The University System has adopted the position that few, if any, University System policies may be waived or exceptions made for learning disabled students. Instead, means should be sought to assist students in meeting all requirements through special accommodations and modifications of instructional techniques and testing procedures. This position covers all College Preparatory Curriculum requirements, admission standards, Learning Support policies, Core Curriculum requirements and Regents' Test requirements, because all of these policies establish the essential foundation of higher education. High school preparation as evidenced in the curriculum, the grade point average, and standardized entrance examinations are all assurances of readiness to study the Core Curriculum and profit from such study. Learning Support requirements assure skills levels that are necessary for successful participation in college study. Core Curriculum and the Regents' Testing Program are evidence of the appropriate content and mastery of general education requirements. Exceptions for learning disabled students are therefore not granted in any of the above areas except as noted below. Conduct rules and attendance policies apply to all students regardless of disabilities. Technical standards are essentials to which all students must adhere in a program of study. Students with disabilities may be eligible for accommodations; however, these students are still required to meet all of a program¹s technical standards.

The University System has established three Centers to which students of the University System will be referred for officially acceptable diagnosis. Such diagnosis (or evaluation by the center of external or prior diagnosis) is to be required for these modifications of system Policy and Procedures:

1.substitution of the CPC foreign language requirement;

2.additional semesters in Learning Support; and

3.Regents' Test, Collegiate Placement Examination (CPE), or COMPASS modifications other than those specified by Policy and Procedure.

The application of System requirements concerning the College Preparatory Curriculum, Learning Support, the Core Curriculum, and the Regents' Testing Program to students with learning disorders is discussed in further detail below.

ADMISSIONS AND COLLEGE PREPARATORY CURRICULUM REQUIREMENTS

Applicants with disabilities are expected to have completed the College Preparatory Curriculum with the appropriate instructional accommodations. The Core Curriculum of each college requires students to complete college-level courses in English, mathematics, social science, and science, and no exemptions or substitution are permitted for these required college courses. Students who are unable to complete the high school college preparatory courses in these areas are unlikely to succeed in college courses and will not be provided with CPC exceptions in the admissions process.

An additional CPC requirement is two years of a foreign language. Because foreign language is not required in college for all majors, students with learning disabilities that preclude the acquisition of a foreign language may petition for admission without completing this CPC requirement. For admission to a university, students must receive approval from a Regents Center for Learning Disorders (RCLD) prior to acceptance. To ensure consideration under this provision, students should apply for admission and request an RCLD review no later than six months before the admissions decision is to be made. Students applying to a two-year college should also apply and request approval at least six months in advance but may be admitted in the "limited" category if they meet other requirements. Those admitted without approval must request RCLD review and submit all requested materials during their first semester of enrollment. If the RCLD determines that the attempt of a foreign language course with modifications would be futile, students may then satisfy the CPC foreign language "deficiency" by substituting another type of course determined by the institution.

Students with disabilities should request the appropriate SAT accommodations from the College Board. Students are expected to achieve the sector's minimum SAT scores with the testing accommodations provided; students with disabilities will not be penalized for taking the SAT in a non-standard administration.

Students may apply and be admitted without regard to disability. However, students who do not meet regular admissions requirements and would like to be considered for accommodations in the admissions process must notify the institution and provide the documentation required. In particular, students with learning disorders who are requesting an accommodation that requires approval from an RCLD should apply at least six months in advance of the time the admissions decision is needed.

Students should be aware that certain programs and degrees require the ability to perform specific critical skills. For example, a student in a nursing program must have adequate motor function to effectively work with nursing problems and carry out related nursing care. Some students may not be admitted to or able to complete a program or degree because their disability cannot be accommodated in a manner that enables them to perform the required critical skills and meet the critical standards of the program. Students should, prior to applying for or beginning a program of study, review all requirements that are necessary for completion of the program.

LEARNING SUPPORT REQUIREMENTS

Students with learning disabilities who are enrolled in Learning Support programs are required to fulfill all stated requirements before exiting the programs. These students should be provided with appropriate course accommodations. Although learning disabled students must be required to meet the minimum Collegiate Placement Examination (CPE) score, they may be given extended time and/or a separate administration of the test. In addition, the institution may authorize use of a calculator on the Mathematics CPE or COMPASS if such an accommodation is supported by the learning disabled student's diagnosis. Students with learning disabilities may petition through the institution to a Regents Center for Learning Disorders for up to two additional semesters of Learning Support work.

CORE CURRICULUM

Students with diagnosed learning disabilities are not exempt from any University System Core Curriculum requirements. This should not be interpreted to mean, however, that University System institutions should be inflexible in implementing Core Curriculum requirements for diagnosed learning disabled students. Each institution is encouraged to make reasonable accommodations to enable learning disabled students to complete core requirements.

REGENTS' TESTING PROGRAM

Learning disabled students requesting accommodations on the Regents' Test beyond those specified by current policy and procedures must receive approval from a Regents Center for Learning Disorders. Current procedures allow institutions to provide accommodations such as extended time and use of word processors for the essay examination (Section 2.08.02). Other accommodations must be approved through a Regents Center.

Last Updated: 06/04/99

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