DMR Eligibility Decision by H.O. Hudgins 3 25 04

Hearing Officer decision modified and eligibility denied by Commissioner's decision of June 17, 2004

Keyword: intellectual function, standard error of measurement, Flynn effect, abuse of discretion

Hearing Officer: Marcia A. Hudgins

Counsel present for Appellant: No

Counsel present for DMR: John C. Geenty, Jr.

Appellant present: Yes

Hearing Officer Decision on March 25, 2004

Appeal allowed by Hearing Officer on March 25, 2004

According to the 2003 ABAS evaluation, the appellant had substantial functional limitations in three adaptive skill areas.

The hearing officer found that the appellant was mentally retarded.  She found the 2004 score as the most reliable IQ score. She took into account the standard error of measurement of plus or minus five points and concluded that the score of 75 falls within the AAMR definition. Also, she noted that the appellant had contracted encephalitis at age 18 months and went on to say that the absence of IQ scores prior to age 18 led to the conclusion that the appellant manifested the same sub-average intelligence before age 18. 

The Commissioner accepted the hearing officer's findings of fact. However, the legal conclusions were modified and the appellant's eligibility appeal was denied.  The Commissioner reasoned that the hearing officer's adjustment downward of the score for the standard measure of error was not supported by the DMR expert's testimony and therefore constituted error. The Commissioner pointed out that the expert testimony indicated that it was not possible to combine the standard error of measurement with the Flynn effect after the fact to arrive at an IQ score meeting the AAMR definition. The Commissioner concluded that without any expert testimony to support such application, the hearing officer's finding of the appellant's eligibility was an abuse of discretion and contrary to the law.