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UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

OFFICE OF SPECIAL EDUCATION PROGRAMS

DIRECTOR

October 20, 2023 

By Email

Honorable Debbie Critchfield

Superintendent of Public Instruction

Idaho Department of Education

650 West State Street

Boise, Idaho 83702 

Email: dcritchfield@sde.idaho.gov

Dear Superintendent Critchfield: 

The U.S. Department of Education (the Department), Office of Special Education Programs (OSEP), received 

an inquiry that raised concerns about the Idaho State Department of Education’s (ISDE) eligibility criteria for 

determining whether a child is eligible to receive special education and related services under the Individuals 

with Disabilities Education Act (IDEA) as a child with a Specific Learning Disability (SLD). The inquiry 

included hyperlinks to the Idaho Special Education Manual (2018)1 and the Idaho Specific Learning Disability 

Eligibility Guidance document.2 OSEP has completed a preliminary review of these documents and has 

identified certain areas that we are requesting the State clarify in order to demonstrate its procedures are 

consistent with IDEA Part B.

The State’s SLD Eligibility Requirements

OSEP reviewed the Idaho Special Education Manual 2018, specifically the State’s definition of SLD; and the 

State’s Eligibility Criteria for determining if a child is eligible under the IDEA which reads:

3

Definition: SLD means a disorder in one or more of the basic psychological processes involved in 

understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to 

listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as 

perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. 

SLD does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, 

of intellectual disability, of emotional behavioral disorder, or of environmental, cultural, or economic 

disadvantage. 

Only a school age child may be identified as a student with an SLD. (Emphasis added).4

 

1 Idaho Special Education Manual (2018) https://www.sde.idaho.gov/sped/files/shared/Idaho-Special-Education-Manual-2018-Final.pdf. 

2 Idaho Specific Learning Disability Eligibility Guidance https://www.sde.idaho.gov/sped/sped-manual/files/chapters/chapter-4-evaluation-and-eligibility/SLDELigibility.pdf. In OSEP’s review of this document, it appears this document is intended to provide guidance on the evaluation procedures to be followed when 

determining whether a child is eligible to receive special education and related services as a child with an SLD. However, OSEP cannot determine specifically the 

usage of this guidance document. 

3 Idaho Special Education Manual (2018) pp. 52-56 https://www.sde.idaho.gov/sped/files/shared/Idaho-Special-Education-Manual-2018-Final.pdf.

4 Idaho Special Education Manual (2018), p. 52. https://www.sde.idaho.gov/sped/files/shared/Idaho-Special-Education-Manual-2018-Final.pdf. 
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State Eligibility Criteria for Specific Learning Disability: In determining whether a child has an SLD, 

the child must meet at a minimum, the following criteria: 

a. The student does not make sufficient progress in response to effective, evidence-based instruction 

and intervention for the child’s age or to meet state-approved grade-level standards when provided 

with learning experiences and instruction appropriate for the child’s age or State approved grade 

level standards in one or more of the following areas: 1) Oral expression; 2) Listening 

comprehension; 3) Written expression; 4) Basic reading skills; 5) Reading comprehension; 6) 

Reading fluency; 7) Mathematics calculation; or 8) Mathematics problem solving. 

AND 

b. The student demonstrates low achievement in the area(s) of suspected disability listed above as 

evidenced by a norm-referenced, standardized achievement assessment. For culturally and 

linguistically diverse students, the preponderance of evidence must indicate low achievement. 

AND

c. The student demonstrates a pattern of strengths and weaknesses in psychological processing skills 

that impact learning. 

AND

d. The student’s lack of achievement is not primarily the result of: 1) A visual, hearing, or motor 

impairment; 2) Intellectual disability; 3) Emotional behavioral disorder; 4) Environmental, cultural 

or economic disadvantage; 5) Limited English Proficiency; 6) A lack of appropriate instruction in 

reading, including the essential components of reading; 7) A lack of appropriate instruction in math. 

AND 

e. The disability adversely impacts the student’s educational performance, and the student requires 

specially designed instruction. 

State’s “School Age” Definition 

In examining the State’s SLD eligibility requirements, OSEP notes that the State’s eligibility criteria for a child 

with an SLD indicates that it is restricted to “school age” children.5

OSEP also reviewed Idaho Statute, Title 33, Chapter 2, Section 33-201, which reads, “The services of the public 

schools of this state are extended to any acceptable person of school age. "School age" is defined as including 

all persons resident of the state, between the ages of five (5) and twenty-one (21) years. For the purposes of this 

section, the age of five (5) years shall be attained when the fifth anniversary of birth occurs on or before the first 

day of September of the school year in which the child is to enroll in kindergarten. For a child enrolling in the 

first grade, the age of six (6) years must be reached on or before the first day of September of the school year in 

which the child is to enroll. Any child of the age of five (5) years who has completed a private or public out-ofstate kindergarten for the required four hundred fifty (450) hours but has not reached the "school age" 

requirement in Idaho shall be allowed to enter the first grade. For resident children with disabilities who qualify 

for special education and related services under the federal individuals with disabilities education act (IDEA) 

and subsequent amendments thereto, and applicable state and federal regulations, "school age" shall begin at the 

5 Id. at p. 52.
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attainment of age three (3) and shall continue through the semester of school in which the student attains the age 

of twenty-one (21) years.” 6

Applicable IDEA Part B Requirements

SLD Requirements

Under 34 C.F.R. § 300.307(a), a State must adopt criteria that are consistent with 34 C.F.R. § 300.309 and that 

meet the minimum requirements prescribed in 34 C.F.R. § 300.307(a)(1)-(3). The criteria adopted by the State 

for determining whether a child has an SLD as defined in 34 C.F.R. § 300.8(c)(10) cannot require the use of a 

severe discrepancy between intellectual ability and achievement.7 While a State cannot require the use of a

severe discrepancy model, a State may prohibit or make optional, the use of a severe discrepancy model. The 

State’s eligibility criteria must permit the use of a process based on the child's response to scientific, researchbased intervention and may permit the use of other alternative research-based procedures for determining 

whether a child has an SLD, as defined in 34 C.F.R. § 300.8(c)(10). Under 34 C.F.R. § 300.307(b) a public 

agency must use the State’s criteria in determining whether a child has an SLD.

Under 34 C.F.R. § 300.309(a), the eligibility group described in 34 C.F.R. § 300.306 may determine that a child 

has an SLD, as defined in 34 C.F.R. § 300.8(c)(10), if the following criteria are met. First, the child does not 

achieve adequately for the child's age or to meet State-approved grade-level standards in one or more of the 

following areas, when provided with learning experiences and instruction appropriate for the child's age or 

State-approved grade-level standards: (i) oral expression; (ii) listening comprehension; (iii) written expression; 

(iv) basic reading skill; (v) reading fluency skills; (vi) reading comprehension; (vii) mathematics calculation; 

(viii) mathematics problem solving.

8

 Second, the child does not make sufficient progress to meet age or Stateapproved grade-level standards in one or more of the areas identified in 34 C.F.R. § 300.309(a)(1) when using a 

process based on the child’s response to scientific, research-based intervention.9 Third, the eligibility group 

determines that its findings are not primarily the result of a visual, hearing, or motor disability; an intellectual 

disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English 

proficiency.

10 

Alternatively, the eligibility group may determine that a child has an SLD if the child exhibits a pattern of 

strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level 

standards, or intellectual development, that is determined by the group to be relevant to the identification of an 

SLD, using appropriate assessments, consistent with 34 C.F.R. §§ 300.304 and 300.305 and the eligibility group 

determines that its findings are not primarily the result of a visual, hearing, or motor disability; an intellectual 

disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English 

proficiency.11 

Age Requirements for Eligibility as a Child with a Specific Learning Disability

Section 619 of IDEA provides for formula grants to States to assist them in providing a free appropriate public 

education (FAPE) in the least restrictive environment for children with disabilities, ages three through five, and 

6 Idaho statute, Title 33, Chapter 2, Section 33-201: https://legislature.idaho.gov/statutesrules/idstat/Title33/T33CH2/SECT33-201/. 

7 Moreover, the Analysis of Comments and Changes section of the IDEA Part B regulations indicates that States may prohibit the use of a discrepancy model. 71 Fed. 

Reg. 46646 (Aug. 14, 2006).

8 34 C.F.R. § 300.309(a)(1).

9 34 C.F.R. § 300.309(a)(2)(i).

10 34 C.F.R. § 300.309(a)(3).

11 34 C.F.R. § 300.309(a)(2)(ii) and 300.309(a)(3).
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at a State’s discretion, to two-year-old children with disabilities who will turn three during the school year.12 A 

State is eligible to receive a grant under Section 619 if it is eligible under Section 612 of IDEA to receive a 

grant under Part B, and makes FAPE available to all children with disabilities, aged three through five, residing 

in the State.13 The IDEA Part B regulations, when appropriate, make adaptations to the general requirements to 

address preschool aged children. However, neither IDEA nor its implementing regulations limit consideration 

of preschool aged children for eligibility using any of the disability categories defined in 34 C.F.R. § 300.8, 

including SLD.

Child Find Requirements

Under 34 C.F.R. § 300.111, States are required to have policies and procedures which ensure that all children, 

including children suspected of being a child with a disability, are identified, located, and evaluated according 

to the regulations and procedures of IDEA Part B.

OSEP’s Analysis and Conclusion

Based on OSEP’s review of the State’s information described above, it is our understanding that the State 

requires a child to demonstrate (a) insufficient progress in response to effective, evidence-based instruction and 

intervention for the child’s age or to meet State-approved grade-level standards when provided with learning 

experiences and instruction appropriate for the child’s age or State approved grade level standards in one or 

more of the following areas listed above; and (b) low achievement in the area(s) of suspected disability listed 

above as evidenced by a norm-referenced, standardized achievement assessment. Further, the State requires the 

child to demonstrate a pattern of strengths and weaknesses in psychological processing skills that impact 

learning. OSEP is concerned that requiring all three conditions to be met, as described above, could be 

inconsistent with IDEA and impermissibly narrow IDEA’s eligibility criteria for SLD found at 

34 C.F.R. § 300.309.

Under 34 C.F.R. § 300.309, the group responsible for making the eligibility determination may find the child 

eligible as a child with an SLD if 34 C.F.R. §§ 300.309(a)(l) and 300.309(a)(2)(i); or

34 C.F.R. §§ 300.309(a)(2)(ii) and 300.309(a)(3) are met.14 Under the State’s criteria for SLD, it is unclear to 

OSEP what evaluative data the group must obtain and review to determine whether the child demonstrates a 

pattern of strengths and weaknesses in psychological processing skills that impact learning. If the purpose of 

that requirement is to meet the condition in 34 C.F.R. § 300.309(a)(2)(ii), it would be inconsistent with IDEA’s 

eligibility provisions to impose this additional criterion as the State’s eligibility criterion would be more narrow 

or strict than the criterion described under 34 C.F.R. § 300.309 and would not meet the standard for criteria to 

determine whether a child has an SLD described in 34 C.F.R. § 300.307(a).

OSEP notes that while it may not be common for a preschool-aged child to be identified with an SLD, Part B of 

IDEA and its implementing regulations, including the requirements under 34 C.F.R. § 300.8(c)(10), are 

applicable to school-aged and preschool-aged children, including at a State’s discretion two-year-old children 

with disabilities who will turn three during the school year.15

12 20 U.S.C. § 1419(a).

13 34 C.F.R. § 300.804.

14 See OSEP Letter to Prifitera (March 1, 2007).

15 The Secretary provides grants under section 619 of the IDEA to assist States to provide special education and related services in accordance with Part B – (a) to 

children with disabilities aged three through five years; and (b) at a State's discretion, to two-year-old children with disabilities who will turn three during the school 

year. See 20 U.S.C. § 1419(a); 34 C.F.R. § 300.800.
Page 5—Chief State School Officer

Regarding the State’s definition of “school age,” OSEP has determined that the State’s definition is inconsistent 

with the IDEA Part B child find provisions in 34 C.F.R. § 300.111 because the definition would only include 

preschool-age children that have already been identified as children with disabilities “who qualify for special 

education and related services”. The State’s definition of “school age” does not include children who are also 

suspected of having a disability. Children, including preschool-age children, that are not yet considered 

“children with disabilities who qualify for special education and related services under the federal IDEA” would 

be excluded from being evaluated as a child with an SLD under the current State definition. 

Required Next Steps

Within 90 days of the date of this letter:

1. The State must review and revise its definition of "school age" to ensure that children, including 

preschool-age children, who are also suspected of having a disability are included when determining 

whether a child has a SLD; and 

2. The State must review and revise, as appropriate, its eligibility criteria for identifying a child with an 

SLD under the IDEA. If the State determines that its eligibility criteria are consistent with the IDEA

requirements described in this letter, the State must provide an explanation to OSEP of how the 

criteria detailed in its Special Education Manual are implemented in a manner consistent with 

IDEA’s procedures for identifying children with SLD. Specifically, the State must demonstrate that 

its criteria are consistent with 34 C.F.R. § 300.309 and do not impermissibly narrow IDEA’s 

eligibility criteria for SLD; and 

3. If the State determines that its eligibility criteria are inconsistent with the IDEA requirements 

described in this letter, the State must revise its policies and procedures for determining that a child 

is eligible to be identified as having an SLD and submit the revised policies and procedures to 

OSEP; and

4. If the State revises its policies and procedures for determining that a child is eligible to be identified 

as having an SLD, the State must provide a copy of a notification issued to all public agencies, 

LEAs, parent advocacy groups, the State advisory panel, and other interested parties advising them 

of the State’s revised eligibility criteria; and

5. The State must provide a written description of how it will ensure that its revised policies and 

procedures are being implemented in a manner consistent with IDEA, including the provision of 

training, technical assistance, and monitoring of its LEAs.

We appreciate your prompt attention to this important matter. If you have questions regarding the above or 

would like to request technical assistance, please contact, Dwight Thomas, your State Lead at 202-245-6238 or 

by email at Dwight.Thomas@ed.gov.
Page 6—Chief State School Officer

Sincerely,

Valerie C. Williams

Director

Office of Special Education Programs

cc: Chynna Hirasaki, Special Education Director, Idaho State Department of Education

Katie Flores, Idaho Special Education Advisory Panel Chair