Definitions of specific learning disorder and laws pertaining to learning disorders in the United States

INTRODUCTION — The definitions of learning disorder (LD) and laws pertaining to LDs in the United States will be presented below, focusing on the types of services for which students are eligible and how disability determination is made in schools. The clinical features, evaluation, and management of learning disorders are discussed separately:

●(See "Specific learning disorders in children: Clinical features".)

●(See "Specific learning disorders in children: Evaluation".)

●(See "Specific learning disorders in children: Educational management".)

●(See "Specific learning disorders in children: Role of the primary care provider".)

TERMINOLOGY — This topic review uses the term "learning disorder (LD)" or "specific learning disorder," consistent with the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR) [1]. Specific learning disorders are heterogeneous group of disorders characterized by difficulties with academic skills in reading, writing, and/ or math that usually are mastered during the early school years. The skills are substantially and measurably below those expected for chronologic age and interfere with academic or occupational performance [1].

"Learning disorder" and "learning disability" refer to the same neurodevelopmental conditions. There is a lack of consensus case definition. Between three commonly used definitions (table 1), there is agreement that the core features include impairments in specific, academic skills that are normally mastered during the early school years. Impairment is determined by comparison with age-related norms of performance [1] and/or the individual's overall intellectual potential [2-5]. We prefer the DSM-5-TR definition because of its stronger conceptual basis and therapeutic utility.

Reading disorder (RD) is traditionally believed to be the most common form of LD [6,7], but epidemiologic data suggest that writing and math disorders may be just as common [8-10]. Nonetheless, the majority of information about LDs is derived from studies of children with RD [2]. (See "Reading difficulty in children: Normal reading development and etiology of reading difficulty" and "Reading difficulty in children: Clinical features and evaluation".)

EDUCATIONAL DEFINITIONS — Since the passage of the Education for All Handicapped Children Act (Public Law 94-142) in 1975, there has been, and continues to be, difficulty achieving clinical consensus regarding the definition of specific LD (table 1) [11-13]. The lack of definitional uniformity makes it more difficult to draw firm conclusions about effective interventions, affects the delivery and rationing of services, and affects the quality of research [14-16].

The definition and diagnostic criteria for LDs vary according to the source (eg, federal law, National Joint Committee on Learning Disabilities, Diagnostic and Statistical Manual of Mental Disorders) and purpose (eg, research purposes or determination of eligibility for special educational services). There is no universally accepted definition or set of diagnostic criteria.

●DSM-5-TR definition – The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR) broadly categorizes LDs as "specific learning disorders," which can be specified according to the type of academic domains (eg, reading, written expression, mathematics) or specific skills (eg, word reading accuracy, spelling, number sense, etc) that are impaired, as well as their severity [1]. Diagnostic criteria include difficulties in a particular domain or skill that have persisted for six months despite the provision of interventions; academic skills that are substantially and quantifiably below those expected for chronologic age; impairment that interferes with academic performance or activities of daily living; and onset during the school-age years. The academic difficulties are not better accounted for by other conditions (eg, intellectual disability, visual impairment, hearing impairment, inadequate instruction, etc). The DSM-5-TR acknowledges the concept of "unexpected under-achievement" as being part of LD (ie, academic achievement is below that expected for overall intelligence). It is therefore possible to diagnose LD in children who may be gifted, as well as in those who may have intellectual disability.

●United States Federal Register – The federal definition for LDs is found in the Federal Register and used in the Education for All Handicapped Children Act and the Individuals with Disabilities Education Act Amendments of 1997 and 2004 (table 1). The federal definition for specific LDs is considered to be imperfect for several reasons [17]:

•It implies that LDs are homogeneous conditions rather than a heterogeneous group of disorders [18-20]

•It fails to recognize that for most affected individuals, some degree of disability persists into adulthood [21]

•It does not acknowledge that altered central nervous system structure or function underlie the identified difficulties with reading, writing, and/or math

•It does not mention that LDs can accompany other neurologic disorders (eg, cerebral palsy, epilepsy, autism spectrum disorder, and attention deficit hyperactivity disorder, among others) [22,23]

•It does not acknowledge that LDs can be a sequela of medical treatment or a medical disorder [24]

●National Joint Committee on Learning Disabilities – The National Joint Committee on Learning Disabilities also has proposed a definition (table 1). Similar to the federal definition, the Joint Committee's definition distinguishes between specific LDs and extrinsic or expected causes of learning problems [25]. Unlike the federal definition, the Joint Committee definition acknowledges that LDs can occur concomitantly with extrinsic conditions, such as cultural differences or insufficient or inappropriate instruction.

The Federal Register and National Joint Committee on Learning Disabilities contain an exclusion clause to distinguish LDs from other disabilities that cause difficulty learning in the typical classroom, such as visual, hearing, or motor disabilities; intellectual disability; emotional disturbance; and environmental, cultural, or economic disadvantage. The DSM-5-TR requires that the learning difficulties are not better accounted for by other conditions. However, the DSM-5-TR acknowledges that LD can coexist with other conditions.

Additional features common to the Federal Register and National Joint Committee definitions include:

●LD is manifest as a discrepancy between the student's overall intelligence and the student's academic performance in reading, writing, and/or math. Documentation of this discrepancy for the purpose of identifying LD is discussed separately. (See "Specific learning disorders in children: Evaluation", section on 'Evaluation and identification of learning disorder in school settings'.)

●LDs can be accompanied by weaknesses in underlying psychological processes (eg, attention, concentration, visual and aural processing, and language development).

●LDs have to be excluded from other disorders, such as sensory incapacity, intellectual disability, emotional disturbance, or economic or environmental circumstances, among others. This last criterion is problematic because LD often co-occur with these handicaps or conditions, and cannot easily be distinguished from them.

LAWS AFFECTING THE EDUCATION OF STUDENTS WITH DISABILITIES

Overview — Pediatric primary care providers often rely on information (eg, evaluation reports) provided by schools to help determine the presence or absence of an LD. They also rely upon schools to provide services to students with LD. Although the information provided by schools is clinically useful, schools do not have a primary obligation to determine a clinical diagnosis or etiology of a student's learning difficulty. Rather, they have to determine whether the student qualifies for specialized instruction. A disability determination usually is needed before students can receive specialized services, although some services can be provided without conducting an evaluation and without deciding that a student has a disability. The sections below summarize the laws that govern the provision of services to students who have learning difficulty or who may have an LD, focusing on the types of services for which students are eligible and how disability determination is made in schools.

Specialized services for students with learning difficulty are available under three main laws: Every Student Succeeds Act (ESSA), Section 504 of the Rehabilitation Act (Section 504), and the Individuals with Disabilities Education Act (IDEA). Each law has its own system for identifying students who may need specialized services. There is significant overlap in the services provided under each of these three main laws.

Eligibility for services varies according to the legal requirements of the three main laws. It also depends upon local student achievement standards, local professional standards, and funding. These factors are at least as influential as the dictates of the individual laws. (See 'Variability in implementation' below.)

Every Student Succeeds Act — The ESSA (Public Law 114-95) is the 2015 reauthorization of the Elementary and Secondary Education Act (ESEA) of 1965 [26]. It supersedes No Child Left Behind (NCLB; authorized in 2001) and was fully implemented in September 2017. ESSA governs general education. One of the requirements of ESSA is the use of statewide tests to demonstrate achievement of educational benchmarks. [27]. Note that performance on statewide testing can be used to justify evaluations and services for students who show learning failure and who may have an LD.

Special services provided — ESSA governs all services considered to be "general" education services. Many of the services funded through ESSA extend beyond the services provided by a general education teacher in a general education classroom. Funding and specific grants are available to provide extra services for students at risk of educational failure, students living in poverty, English language learners, and delinquent students, among others. The types of specialized services that a school district chooses to offer are determined locally [26,28,29].

●Student support team – Under ESSA, schools can choose to provide positive behavior supports; multitiered systems of support to address academic and mental health needs of the student body as a whole; and mental and behavioral health services to individual students, among other services [30]. Local practices determine whether these services are accessed through the student health office, guidance office, the classroom teacher, or another professional within the school district.

The Student Support Team or Child Study Team (the name varies by school district) is an important general education service that has implications for the student with learning difficulty and/or LD. These teams are available to the classroom teacher to help understand and address learning problems in individual students. Although usually requested by the classroom teacher, referral to the Student Support Team can be requested by anyone, including parents or caregivers and health care providers.

The Student Support Team may make recommendations for specialized services offered through general education.

●Response to Intervention – The Student Support Team may also make recommendations for Early Intervening Services (EIS), also known as Response to Intervention (RTI) services. EIS and RTI are funded through the IDEA but are provided to general education students who are not making adequate educational progress. The goal of providing these services is to prevent the student from needing special education. In other words, students can access RTI services without being identified as having a disability. RTI services can include psychological/behavioral supports, academic interventions using research-based instructional techniques, small-group instruction, more frequent monitoring of progress, etc [31]. One of the most commonly provided RTI services is specialized reading instruction in the early school years for students at risk for reading disorder. Students who qualify for RTI services may be identified by the Student Support Team, but may also be identified by routine monitoring of academic performance of the classroom or school as a whole.

Specialized supports and services under ESSA can be offered for an indefinite period of time. However, RTI services typically are intended to be provided for short periods (eg, 4 to 12 weeks) after which the services are terminated (if the student has shown the necessary progress to function at age/grade level) or are extended under the rules/regulations of the IDEA. Decisions regarding who receives services and how the services are delivered are made at the state and local levels. (See 'Individuals with Disabilities Education Act' below.)

●Evaluation services – Using information gathered by the classroom teacher and/or the student's performance with RTI services, the Student Support Team may make a recommendation for a formal evaluation. The evaluation may result in a disability determination for services under Section 504 or under the IDEA. (See 'Section 504 of the Rehabilitation Act' below and 'Individuals with Disabilities Education Act' below.)

Eligibility criteria — All school-age children are eligible for services under ESSA. Preschool and kindergarten students also are eligible for services under ESSA in states where preschool and kindergarten services are offered. School districts determine the policies and procedures for monitoring the progress and needs of students in regular education in their districts.

Role of parents or caregivers — School teams determine whether specialized services will be offered to a general education student through ESSA (ie, in general education). Caregiver participation is not required and is not typical, although communication with caregivers is encouraged.

Role of the primary care provider — As a first step for the student with learning difficulty, the primary care provider can recommend that the caregivers access the student support team or other services, as described in the paragraphs above. These may include behavioral support services, guidance services, or language instruction for students with English language learner status, RTI services, or another service. However, the quality and type of services in any individual school district can vary highly.

A student with learning difficulty can also undergo a formal evaluation upon request of the family or the primary care provider. The student support team does not have to participate in this decision.

Requesting an evaluation to determine eligibility for services under the IDEA is typically the most secure route to obtaining specialized services. This is especially true if the quality of general education services and/or the student support team is uncertain. All students have the right to an evaluation to determine the presence or absence of a disability at any time. This is true whether or not the child is receiving services under general education. (See 'Individuals with Disabilities Education Act' below.)

Section 504 of the Rehabilitation Act — Section 504 of the Rehabilitation Act (Section 504) is a civil rights law. It prohibits discrimination on the basis of disability in programs or activities that receive federal financial assistance (table 2). Section 504 assures individuals with disabilities the right to equal access to a wide range of services. It applies to individuals of any age, not only those who attend school [32].

Because schools receive federal financial assistance, they are required to comply with the regulations of Section 504. In the school setting, it guarantees the right of all students to a "free, appropriate, public education." Section 504 is an unfunded mandate. Schools do not receive specific federal grants for complying with its mandates but are at risk for losing whatever federal funding they do receive if they do not follow its mandates.

Services provided — Section 504 provides "accommodations" to individuals with disabilities. Accommodations can be provided at the building level or on an individual basis. A prototypical building-level accommodation is a wheelchair ramp, which assures equal access to the building for individuals who use a wheelchair. Special transportation or instructional accommodations are two other examples of accommodations provided to qualifying individual students.

Accommodations provided to individual students in schools are provided in a 504 Accommodation Plan. Accommodations for an individual student may include increased teacher supports/monitoring, increased time for tests (eg, for a student with attention deficit hyperactivity disorder), behavior support plans, mental health or behavioral health services, and even services such as speech services or physical or occupational therapy for students with language or motor impairments. Students with vision and hearing impairment may receive accommodations such as text provided in braille or amplification systems. These services are offered if the student is not able to participate in their education without the services. Depending upon the school district, some of these services may be available to general education students who are not identified as having a disability. Usually, these services are only made available to the general education student who is identified as having a disability. An accommodation plan is designed only to provide the student equal access to regular education, not to provide special education. The student is thus held to regular education standards, and their education is typically not modified or individualized. The accommodations mentioned in this paragraph are provided in a regular education setting [33].

Eligibility criteria — To qualify for Section 504 accommodations, the student has to have "a physical or mental impairment which substantially limits one or more major life activities" or be "regarded" to have such an impairment [34]. A wide range of disabilities may qualify the student for services, including medical conditions, developmental disabilities, emotional disturbances, etc. Documentation of a disability is required. However, Section 504 accommodations can only be provided if the disability "substantially impairs one or more major life activities." The criteria used to make this determination are developed locally. In the school setting, the student who is identified as having a disability will only qualify for accommodations if the disability affects everyday performance at school. Section 504 protects a broader range of individuals with disabilities than the IDEA [35,36].

Role of the primary care provider — Schools frequently use medical reports from the health care provider to justify an accommodation plan. However, a health care provider's evaluation is not a prerequisite for an accommodation plan. Any evaluation that meets the local school district's criteria is sufficient. Health care providers who wish to advocate for accommodations for a student at school should furnish evidence that the student has a disability. The provider should also share information about how the disability is likely to affect the child's performance at school.

Role of parents or caregivers — A Section 504 evaluation can be conducted, and accommodations can be provided, without parent consent. However, parents must be notified if an evaluation takes place or if an accommodation plan is provided. Schools typically request permission to conduct an evaluation and to provide accommodations, as this is considered to be "best practice."

Individuals with Disabilities Education Act — The IDEA, reauthorized in 2004 as the IDEA Improvement Act [37], guarantees the right of students with disabilities to a "free, appropriate, public education." This right is also guaranteed under Section 504. However, the IDEA only governs educationally related services, not general education. Services under the IDEA are only provided to individuals with disabilities, ages 3 to 21 years, who meet specific disability eligibility criteria [38]. (See 'IDEA eligibility criteria' below.)

The IDEA is a more restrictive law than Section 504 of the Rehabilitation Act. Individuals protected and served under the IDEA are also protected under Section 504, but the converse is not always true. (See 'Section 504 of the Rehabilitation Act' above.)

The IDEA is an entitlement statute and provides some funding to states that provide services under its mandates. Qualifying the student for services under the IDEA has the advantage of assuring the school district some additional funding for that student, though federal funding for the IDEA falls far short of the needs of most school districts.

Obligations — The IDEA places numerous obligations upon schools to serve students with disabilities and also provides numerous procedural safeguards to assure that schools execute their obligations in a timely and appropriate manner [39].

The IDEA requires schools to conduct a comprehensive evaluation of any student who may have a disability and/or who is not succeeding in general education. The evaluation can be requested by any school professional, the parents of the child, or other providers involved in the child's care. Although the school can refuse to conduct an evaluation, refusal to conduct the evaluation has to be justified by data that show that the evaluation is not needed. Most often, schools comply with the request for the evaluation. The comprehensive evaluation has to be completed within 60 calendar days of the date that the parents consent to the evaluation. At that point, the student's eligibility for services is determined.

Procedural safeguards — The IDEA has more procedural safeguards than either ESSA or Section 504 of the Rehabilitation Act. These safeguards help to assure that services are delivered successfully. As examples, the IDEA [40]:

●Defines how evaluations are conducted

●Requires the development of an Individualized Education Program (IEP) that includes monitoring of student progress with specific, measurable goals and objectives

●Requires the school team to clearly identify the type and frequency of services that will be delivered

●Details how parents or caregivers are included in the student's educational program

Schools must provide a copy of the Procedural Safeguards Notice [41] to parents or to surrogate parents. The notice contains a full explanation of the regulations related to the initiation, evaluation, or educational placement of a child into special education services. The Procedural Safeguards Notice must be provided to caregivers in the parent or caregiver's native language or mode of communication. The Procedural Safeguards notice also provides parents or caregivers information regarding:

●The right to an independent educational evaluation (eg, when there is a dispute about the child's needed services)

●The right to confidentiality of information

●The right to file a complaint alleging a violation of special education law and complaints regarding the implementation of appropriate procedures (ie, due process)

●The procedures used for resolving disagreements between the local school district and the parent or caregiver

●The right to an impartial hearing

●The rules regarding the reimbursement of attorney's fees incurred by parents or caregivers during the complaint or due process procedures

●The procedures that may be used by the school district when disciplining children with disabilities

The Procedural Safeguards Notice must be given to parents or caregivers upon initial referral, once each school year for students eligible for IDEA services, when parents first file a complaint, when the student is removed from their current educational placement because of a violation of a code of conduct, and upon request by the parent.

Eligibility for services — To qualify for services under the IDEA, the student must meet the criteria for one of the 13 disability categories listed under the IDEA. This requirement is not difficult to meet, as the disability categories are broad (see 'IDEA eligibility criteria' below). In addition to meeting criteria for one of the disability categories recognized by the IDEA, the student's disability must also "adversely affect his/her education" and must require "specially designed instruction." This standard is different from Section 504, which defines the disability as a physical or mental impairment which substantially limits one or more major life activities and does not require specially designed instruction.

IDEA eligibility criteria — To qualify for services under the IDEA, the student must be aged 3 to 21 years and must have one of the disabilities defined in the IDEA statute:

●Intellectual disability ("mental retardation" in its original text)

●Hearing impairment (including deafness)

●Speech or language impairment

●Visual impairment (including blindness)

●Serious emotional disturbance

●Orthopedic impairment

●Autism spectrum disorder

●Traumatic brain injury

●Other health impairment

●Specific LD

●Deafness and blindness

●Multiple disabilities

●Developmental delay ("developmental delay" is valid up until the age of nine years, after which the student has to qualify based on one of the other conditions in the list)

In addition, the student's disability must:

●"Adversely affect the child's education" and

●"Require specialized instruction and related services" [42]

These two conditions are determined by the evaluation team. Both classroom participation behaviors and academic achievement must be reviewed to determine the adverse impact of the disability. Eligibility criteria are designed to ensure access to all students who are eligible, but also to prevent the inappropriate placement of students into special education programs who may have learning failure not related to a disability.

The procedures for identifying children with a specific LD under IDEA must not rely exclusively on the use of a severe discrepancy between intellectual ability and achievement. As an example, specific LD can also be determined by low achievement. However, the disability cannot be due to a lack of appropriate instruction in reading (including the essential components of reading instruction), a lack of appropriate instruction in math, or limited English proficiency, for example.

Services provided — If the student qualifies for services, the IDEA offers "special education" and "related services" to the qualifying student.

●Special education is defined as "specially designed instruction to meet the unique needs of a child with a disability" [43]

●Related services are defined to include transportation services, as well as special education and therapeutic services, such as speech pathology, physical and occupational therapy, nursing and psychological services, etc [44]

Special education and related services are offered in the form of an individualized education program (IEP) [45]. The education offered in an IEP can be substantially different from the education provided to regular education students but often includes significant instruction in the general education curriculum as well.

Note that under Section 504, special education and related services would be considered "accommodations." Any education plan that meets criteria for an IEP under the IDEA meets criteria for an accommodation plan under Section 504, though the converse is not true [46]. A detailed comparison between IEPs and Section 504 plans is provided by understood.org. (See 'Services provided' above.)

Services provided in an IEP typically are more extensive than those in an accommodation plan. The student's education is individualized and can be somewhat or wholly different from the education provided to a regular education student.

Special education and related services could also be offered as "Response to Intervention" services or as part of the other kinds of specialized services offered in general education through ESSA. Special accommodations or services offered under ESSA or as Response to Intervention typically are temporary and are delivered in a highly variable manner across school districts and states. (See 'Every Student Succeeds Act' above and 'Variability in implementation' below.)

Services to transfer students — School districts are required to continue any services in an IEP for a child who moves to their district from another district. The new school is required to obtain the child's previous school records promptly and/or to complete an evaluation that is incomplete. The new school, however, has the opportunity to develop a new IEP.

Services to adolescents — Transition services must be included in the IEP by age 16 years at the latest and should reflect the student's interests, preferences, accomplishments, and skills. The child must be invited to the meeting to discuss postsecondary goals and the transition services required to achieve them. If that is not possible, the child's interests must be considered.

Role of the primary care provider — There is no specific role for the pediatric provider under the IDEA. Eligibility for evaluation and therapeutic services are both determined and provided by the school district. However, primary care providers are recognized as "qualified examiners." As such, disability-related information provided by the primary care provider can be used to help determine eligibility for services. The pediatric provider can play an important contributing role if they can furnish information that helps to identify the student's disability. It is especially important to furnish examples of how the student's disability is likely to affect their performance at school.

Role of parents or caregivers — Parents must provide consent for the both the evaluation and the provision of services through an IEP [47]. Parents have significant say in how an IEP is delivered to their child and can refuse all or any part(s) of the IEP. Procedural safeguards help to assure parent participation and due process [48]. (See 'Procedural safeguards' above.)

Americans with Disabilities Act — The Americans with Disabilities Act (ADA) is a civil rights law and is an extension of Section 504 (table 3). It covers virtually all public entities in the United States, not just those receiving federal financial assistance; only private clubs and religious organizations are exempt from its regulations [33].

The main reason for listing the ADA in this topic review is that school professionals and lawyers sometimes speak of "compliance with the ADA" when discussing a student's needs at school. However, the ADA does not offer any additional protections to students with disabilities at school with respect to their access to an education. The ADA defers to the authority of Section 504 when the rights of students with disabilities are at issue.

VARIABILITY IN IMPLEMENTATION — The Every Student Succeeds Act (ESSA), Section 504 of the Rehabilitation Act (Section 504), and the Individuals with Disabilities Education Act (IDEA) require schools to provide qualifying students with specialized services/instruction to benefit from their education and to participate fully at school. However, the manner in which services are delivered within school districts, between school districts, and across states is highly variable.

Variability due to local standards — Local student academic achievement and local professional standards have a significant impact upon which students are identified as needing services and what kinds of services are offered. As an example, a student with an LD is more likely to be identified as such in a school with high academic standards than in a school with low academic standards. Some school districts identify only extremely impaired students as having LD, while other school districts also identify mildly impaired students. Specialized services and supports offered in one school district may be offered as part of general education services, whereas the same services may be offered only in special education in other school districts.

Variability due to funding — Another reason for the great variability in service delivery between school districts and across states is the issue of funding. The large majority of funding for all education, including special education, is borne by state and local governments. The federal government only funds approximately 10 percent of total education costs in the United States, of which a significant portion goes to funding the IDEA [49]. No specific funding is offered for compliance with Section 504 regulations. Federal funding offered by the IDEA covered approximately 16 percent of per-student special education costs in 2018 and a lower percentage in subsequent years [50,51]. Federal funding of the IDEA has never reached the 40 percent level that Congress originally authorized by law [52,53]. Only those schools with adequate funding can provide the full range of services intended by the IDEA to all of the students who may qualify. In some cases, inadequate funding interferes even with following procedural safeguards successfully.

RESOURCES FOR FAMILIES

●Wright P, Wright PD. Wrightslaw: Special Education Law, 2^nd ed, Harbor House Law Press Inc, Hartfield, VA 2007 – This book provides a review of special education law that is geared toward a caregiver audience. It provides some useful tips about how to communicate with schools.

●Center for Parent Information & Resources: Every Student Succeeds Act.

●United States Department of Justice, Civil Rights Division. A guide to Disability Rights Laws – Available from the Department of Justice information and technical assistance on the Americans with Disabilities Act, this booklet provides a reader-friendly review of all of the civil rights laws, including the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act, as well as telephone numbers for making inquiries. It is a good resource for families.

●Center for Parent Information and Resources – This website helps caregivers find local centers that provide training, information, and assistance to families of children with disabilities.

SUMMARY

●Terminology – Specific learning disorders (LDs) are a heterogeneous group of disorders characterized by the unexpected failure of an individual to acquire, retrieve, and use information competently. (See 'Terminology' above.)

●Educational definitions – The definition and diagnostic criteria for LDs vary according to the source (eg, federal law, Diagnostic and Statistical Manual of Mental Disorders, National Joint Commission on Learning Disabilities) and purpose (eg, determination of eligibility for special educational services) (table 1). There is no universally accepted definition or set of diagnostic criteria. (See 'Educational definitions' above.)

●Laws affecting the education of students – Three laws affect the education of students with disabilities and offer services to students who are having difficulty learning: Every Student Succeeds Act (ESSA), Section 504 of the Rehabilitation Act (Section 504) (table 2), and the Individuals with Disabilities Education Act (IDEA). Schools have broad latitude in providing specialized services and can justify providing services under any of the laws. Which students are identified as eligible for services is influenced by local student achievement, local professional standards, and funding. These factors are at least as influential as the dictates of the individual laws. (See 'Overview' above and 'Variability in implementation' above.)

Educational services should be offered in general education (eg, as Response to Intervention services) before a decision is made to conduct a formal evaluation and determine eligibility for services under Section 504 or under the IDEA. (See 'Every Student Succeeds Act' above.)

The IDEA offers parents many procedural safeguards that require schools to evaluate the student for eligibility and to provide services when necessary. When uncertain about the school's responsiveness to the student's needs, the most secure route for accessing services is to obtain an evaluation to determine eligibility under the IDEA. (See 'Individuals with Disabilities Education Act' above.)

Not all school districts have well-developed services for students who should be protected under Section 504 or under the IDEA. (See 'Variability in implementation' above.)