DMR Eligibility Decision by H.O Rosenberg 5 3 06
Appeal denied by Commissioner on May 23, 2006
Keyword: Learning disability, intellectual function
Hearing Officer: Deirdre Rosenberg
Counsel present for Appellant: No
Counsel present for DMR: C.J. Gagne
Appellant present: No
Hearing Officer Decision on May 3, 2006
The appellant had been diagnosed with multiple learning disabilities, attention deficit disorder, and oppositional defiant disorder. The summary of the evidence is in the following table:
|
Year |
Test |
Age |
Score |
Diagnosis in report |
||
|
Verb. |
Perf. |
Full |
||||
|
1990 |
WPPSI-R |
5 |
81 |
82 |
80 |
The clinician attributed the appellant's delays to "cerebral dysfunction of unknown etiology." A neurodevelopmental evaluation at that time diagnosed his primary problem as "a severe developmental language disorder clearly neurological in origin."
|
|
1995 |
WISC-III |
9 |
70 |
78 |
71 |
The report stated that the appellant's aggressive behavior merited a diagnosis of an oppositional defiant disorder. |
|
1999 |
WISC-III |
13 |
63 |
83 |
71 |
His subtest at this time revealed that he primarily suffered from a learning disability in the areas of language function. Other tests also revealed that his academic skill was not above the second-grade level. |
|
2003 |
WISC-III |
17 |
66 |
79 |
70 |
The school psychologist states that the appellant's mental ability was higher than his academic level. |
The appellant's behavioral program director testified that the appellant had not been able to perform any kind of daily living task without the oversight and structure provided by the school staff. The director also expressed concern regarding the appellant's troubling sexual behavior. The appellant's mother testified that the appellant was functionally illiterate.
The hearing officer found that the appellant did not meet the DMR's definition of mental retardation as set forth at 115 CMR 2.01. Based on the appellant's test profiles, he concluded that the appellant had a learning disability rather than mental retardation
| Attachment | Size |
|---|---|
| Rosenberg decision 5-3-06 NR_0.pdf (4.36 MB) | 4.36 MB |