While it states on pg. 1 of this document that the intent is not to change any federal or state regulation, in fact, this document does change regulatory criteria for eligibility in the category of Specific Learning Disability.

First, in Step 5 of the Specific Learning Disability Worksheet it states that "[t]he student does not have learning problems that are primarily the result of: . . . 4. cultural factors, an environmental or economic disadvantage,".  The language in the VA regulations at 8 VAC 20-81-10 for the definition of Specific Learning Disability says, ". . . environmental, cultural, or economic disadvantage".  Later in 8 VAC 20-81-80(T)(2)(c), the language is "(4)  Environmental, cultural, or economic disadvantage".  Even the proposed document itself on pg. 57 uses the terms "Environmental, Cultural, or Economic Disadvantage."  To expand the term "cultural disadvantage" to include any "cultural factors" in this eligibility worksheet expands the realm of reasons an Eligibility Team could exclude a student with a learning disability from receiving special education.  It could cause confusion on Teams and introduce cultural bias into the decision-making process for eligibility.  While the document states on pg. 28 that use of these forms is optional, because these forms are being used as the foundation of VA IEP (the new IEP writing program used by ~110 districts in VA now), it is important that the language in the worksheet remain consistent with regulations.

Second, Step 6 regarding documentation of an adverse effect on educational performance is not an eligibility criterion found in the IDEA, federal regulations, or VA regulations for the disability category of SLD.  To include it in this worksheet or any guidance document is to expand eligibility criteria beyond federal and VA regulations.  This unlawful eligibility requirement prevents otherwise eligible students with learning disabilities from qualifying for the disability category of SLD in VA.  As noted above, roughly 1/2 of VA districts already use VA IEP (and more will be added in future years), therefore, districts are being mislead into applying illegal criteria for eligibility determinations.  This Step 6 must be removed from the Specific Learning Disability Worksheet.