Determination of Impairment for Individuals with Learning Disabilities

The first element of establishing eligibility for vocational rehabilitation services is a determination by qualified personnel that the applicant has a physical or mental impairment. (See Section 2/Part 2 for additional information about eligibility determination.)

There are two options for determining that an applicant’s impairment is a specific learning disability.

Option 1 - A written statement and explanation/analysis is provided by a licensed psychologist or certified school psychologist verifying that all three of the following criteria are met:

1. A full scale IQ, greater than or equal to 75.

2. A 22 point or more scaled score difference between IQ and Academic Achievement (i.e., at least a 1 ½ standard deviation difference).

3. A statistically significant (.05) difference (usually about 10 scaled score points) between different cognitive abilities (e.g., verbal IQ and performance IQ).

When using Option 1, the following requirements must be met:

• The statement from the psychologist must include an explanation and analysis, rather than merely asserting that the individual has a learning disability.

• This statement and analysis should be based on a review of existing records to the greatest extent possible. However, if existing records are not sufficient for this analysis, RS may purchase the psychological evaluations necessary to verify these three criteria.

• If such a statement and analysis cannot be obtained from the licensed psychologist or certified school psychologist, but raw assessment/testing scores are available, such evidence should be sent to the regional or state psychological consultant for analysis. RS counselors will not interpret testing or assessment scores to verify that these criteria are met.

Option 2 - Option 2 is available only when all three criteria in Option 1 are not specifically met. In such cases, certification from a licensed psychologist, certified school psychologist, or an RS psychological consultant may be used in lieu of Option 1 if a reasonable rationale is provided. This rationale must include a description and analysis of the individual's characteristics which are related to the presence of a learning disability.

Consideration must be given to the following additional factors when assessing presence of a specific learning disability:

• Use of determinations made by schools
  Because of the variance in practices among diverse school districts, Rehabilitation Services will not presume the presence of a learning disability based only on the local education authority's identification of learning disability for special education purposes.
  
• Preferred assessment methods
  When purchasing a learning disability assessment, the preferred measure of intellectual functioning is the Wechsler Adult Intelligence Scale-III (WAIS-III). The Woodcock-Johnson psycho-educational battery (WJ-R) is the preferred measure of academic achievement. It is considered best practice for RS staff to request that the school provide updated academic achievement test results. Other standardized IQ and achievement tests are acceptable provided that they are well standardized and widely used. State or local psychological consultants may assist counselors in determining whether such other tests are acceptable. The Adult Learning Disabilities Screening Instrument may be used only to determine if additional diagnostic or assessment services are needed. This screening tool may not be used to establish a diagnosis.
  
• Qualified personnel
  For VR purposes, only licensed psychologists or certified school psychologists are qualified to diagnose a specific learning disability.
  
• Determining eligibility for VR services
  The presence of a specific learning disability alone does not establish VR eligibility. VR eligibility for a specific learning disability is established in the same manner that VR eligibility is determined for any other disability. (See Section 2/Part 2) There must be clear evidence that a learning disability interferes with the client's ability to achieve or maintain employment that is commensurate with their abilities. Specific learning disabilities often impose impairments in addition to academic delays. These deficits often can be more impairing and more difficult to accommodate than academic delays. Deficits in the following areas may be the result of a learning disability and cause significant functional limitations: visual perception, attention, memory, motor skills, information processing, verbal expression, spatial orientation and social skills.
  
• Recent testing
  The testing should be recent enough to describe current functioning. As a general rule, academic achievement scores should be done within the past two years. IQ testing should be done within two years of VR eligibility determination or after the age of 16. With reasonable explanation, counselors may make exceptions to this guideline. For example, it may be appropriate to waive the above requirements for current testing, if the learning disability is extremely pronounced and/or if there is other current evidence of functional limitations (e.g., teacher report, job placement, or Individualized Education Plan) that are very descriptive.
  
• Consultation
  Counselors who have questions regarding determination of impairment for individuals with learning disabilities, the need for current testing, or related issues may contact the State or Regional psychological consultant for technical assistance.

Effective Date: April 26, 2005