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Although some trends are apparent, it is our impression that relatively little has changed regarding SLD classification requirements since the Mercer et al survey (1996). First, there is a clear trend toward adoption of the Federal SLD definition. Since 1994 the number of states adopting the SLD definition that appears in Federal regulations grew from 24 to 34, and the number of states with unique definitions declined from 15 to 9. There is virtual unanimity in the areas of eligibility, i.e., the areas that may be discrepant from ability. All states recognize the same basic areas with only a few states adding additional areas such as spelling. In addition to increasing agreement on definition and areas of eligibility, there is virtual unanimity on the exclusion factors associated with SLD eligibility. There fundamental agreement on SLD definition, achievement areas that might be affected, and exclusion factors.
Table 3: Methods used to determine the discrepancy
| Standard Scores N=3 | Georgia | Magnitude 20 |
| Nebraska | Magnitude 20 | |
| North Carolina | Magnitude 15 | |
| Standard Deviations N=7 | California | SD 1.5 + 1 SEM |
| Florida | SD 1 or 1.5 | |
| Hawaii | SD 1.5 | |
| Minnesota | SD 1.75 | |
| Missouri | SD 1.5 | |
| Mississippi | SD 1.0 | |
| Texas | SD 1.0 | |
| Regressed IQ w/ Standard Score Discrepancy N=3 | Idaho | Magnitude 1.5 SD |
| Vermont | Magnitude 1.5 SD | |
| Maryland | 1.5 SD below the educ. expectancy, M=100, SD 15 | |
| Percentage Discrep. | New York | 50%-not used in a strict quantitative manner |
| Standard Score Between Academic Areas | Louisiana | SD .5 (grades K-2)
SD 1 (grades 3-12) |
| Regression Prediction Formula N=14 | AL, AR, CO, CT, DE, MT, NV, SD, TN, UT, WA, WV, WI, WY | |
| True Score Formula or Deviation N=1 | Kentucky | |
| Statistical Formula | New Jersey | LEAs required to use a statistical formula of their own choosing |
| Professional Judgment of a Team only N=5 | IN, IA, KS, NH, ND | |
| Not stated how operationalized N=14 | AK, AZ, IL, ME, MA, MI, NM, OH, OK, OR, PA, RI, SC, VA |
Similar to Mercer et al (1996), there appears to be wide variation in the methods used to determine and the criteria for a severe discrepancy between intellectual ability and achievement. Nearly all states require a discrepancy; however, there is little agreement beyond that basic requirement. If there are significant trends in discrepancy determination, considering the complexity of this information and the difficulty in categorizing different state methods accurately, they are the following:
In view of the many differences, it is not surprising that SLD prevalence varies by a factor of over three times, comparing the lowest to the highest prevalence states. The practical effect of these variations is to make difficult if not impossible comparisons of students with SLD across different LEAs or SEAs or to expect consistency across various jurisdictions in SLD eligibility determination.
A major issue in view of the severe criticism of the IQ-achievement discrepancy method of determining eligibility is the likelihood of changes by the states regarding eligibility criteria. The survey data indicated that many states had made changes and that many other states are anticipating changes in the future. The key issue is the direction of those changes.
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