(1) The student may be identified as having a specific learning disability if, when provided learning experiences appropriate to the student's age and ability levels:

(a) The student's rate of achievement relative to the student's age and ability levels remains below expectations and the student does not achieve commensurate with his or her age and ability levels in one or more of the areas listed in (1) (b) ; and

(b) The student has a severe discrepancy between the student's intellectual ability and achievement in one or more of the following areas: oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematics calculation, mathematics reasoning.

(i) A severe discrepancy is defined as a 50 percent or higher probability of a two standard deviation discrepancy between general cognitive ability and achievement in one or more of the areas identified in (1) (b) when adjusted for regression to the mean. Error in test measurement requires judgment for students who score near two standard deviations below the population mean. When exercising this judgment, consideration of additional information, such as classroom performance relative to the student's performance on norm referenced tests, shall be used as the basis for determining the severe discrepancy.

(ii) Alternatives to norm referenced tests, such as curriculum-based assessments, shall be utilized to determine severe discrepancy whenever cultural factors, test conditions, size of test item sampling for the student's age, or other factors render standardized assessment results invalid. When utilizing alternative assessment procedures, a determination must still be made that a discrepancy between ability and achievement exists at a level of severity similar in size to the discrepancy that would have otherwise been found in (1) (b) (i) .

(2) At least one team member other than the student's regular education teacher shall observe the student's academic performance in the regular classroom setting.

(a) In the case of a student of less than school age or out of school, a team member shall observe the student in an environment appropriate for a student of that age.

(3) Documentation of the learning disability determination shall:

(a) meet the requirements for a written report found in 34 CFR 300.543;

(b) if appropriate, state the basis for concluding that the use of standardized test instruments would not be valid whenever provisions of (1) (b) (ii) are utilized to determine a severe discrepancy;

(c) include educationally relevant medical findings, if any, that have been considered; and

(d) include a report of one or more intervention techniques specific to the individual student. Interventions shall not unnecessarily delay appropriate identification.

(4) The student may not be identified as having a specific learning disability if the severe discrepancy between ability and achievement is primarily the result of a visual, hearing, or motor impairment; cognitive delay; emotional disturbance; environmental or economic disadvantage; or cultural difference.