Role of Exclusion
Key Area #3: Role of Exclusionary Factors
A number of exclusionary factors must also be considered when a determination of an SLD is made. Learning difficulties or lack of progress may not primarily be the result of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited-English proficiency (34 CFR 300.309[a][3]). Thus, the presence of one or more of those factors may account for low or underachievement rather than a learning disability. RtI2 data are particularly useful in addressing some of these factors, including cultural factors, environmental/economic disadvantage, and limited English proficiency.
Appropriate instruction for students from diverse backgrounds must also be culturally responsive. Culturally responsive instruction is a key element for student success. Ideally, the intervention should provide data substantiating its effectiveness with culturally diverse, limited-English proficient, and/or environmentally/economically disadvantaged students. Alternatively, local data could be gathered to determine the effectiveness of intervention programs and strategies for an identified group of students.
The target student’s progress-monitoring data can be compared to that of similar students or to predetermined targets when provided with interventions that have been shown to be effective with culturally diverse, limited-English proficient, and/or environmentally/economically disadvantaged students. Data may reveal that students with SLDs fail to achieve at the same rate and/or level as their peers.
A comprehensive evaluation that includes data from other sources will also be necessary to assist in determining the presence of exclusionary factors.
