The Hale Position for a “Third Method” for Specific Learning Disabilities Identification: A Legal Analysis.

This short article provides a legal analysis of the Hale et al. white paper on specific learning disabilities identification. The white paper presents a purported consensus of experts that an approach combining response to intervention with severe discrepancy is consistent with the Individuals With Disabilities Education Act (IDEA). The analysis examines the white paper position in relation to the IDEA legislation, regulations, and agency policy interpretations. The conclusions are that this position is legally flawed in terms of its reliance on the “pattern of strengths and weaknesses” provision, its failure to consider state special education laws, and its overemphasis on the processing component. As a result, the position is justifiable only as advocating revisions, rather than in finding support, in the law. [ABSTRACT FROM PUBLISHER]