DMR Eligibility Decision by H.O. Rosenberg 10 14 05

Keyword: academic achievement testing, discrepancy in testing, intellectual function 

Hearing on August 3, 2005

Hearing Officer: Deirdre Rosenberg

Counsel present for Appellant: No

Counsel present for DMR: Kim LaDue

Appellant present: No

Hearing Officer Decision on October 14, 2005

The appellant waived the hearing and indicated that he wished to have the decision issued based on the evidence submitted by him and the DMR. The appellant had been diagnosed with global neurodevelopmental disorder and PDD.

In 1998, when the appellant was 14, the academic achievement screening test was administered and indicated that his reading and spelling were both at the high school level. IQ tests were not administered at that time.

The hearing officer found that the appellant did not meet the DMR eligibility criteria.  The hearing officer found that the appellant's 2003 IQ score was above the cutoff score of 75.  She noted that not all improvement was simply due to the differences between the tests and that the fact that the later test differed from the previous one did not necessarily account for the 13-point increase. She also stated that her decision was influenced by the result of the academic achievement testing in 1998 and that although such testing was not the basis for establishing an individual's IQ, the result was not one typically seen in a person with mental retardation