DDS Eligibility Decision by H.O. Marcia Hudgins 2010 -35
Keyword: high IQ
Hearing Officer: Marica A. Hudgins
Counsel present for Appellant: NO
Counsel present for DDS: Barbara Green Whitbeck
Appellant present: yes
Hearing Officer Decision: 2010
Commissioner letter: 2010
Diagnosis regarding MR in report (or info on disability affecting result of testing)
Appellant’s adaptive behavior composite score was well within the moderate low range. Her Functional Daily living skills fell with the Moderately low range; he functional communication skills fell in the adequate range; her socialization skills fell within the moderately low range and her functional motor skills fell with the adequate range
They noted that the results of the cognitive testing indicated a developmentally based language deficit with receptive, expressive and amnestic feature that have impacted the child’s academic achievement.
She made gains in speech intelligibly and continued to have mild/moderate delays in receptive and express language area.
The Appellant at the age of 5 and 7 showed that her overall cognitive abilities were developing and within the average ranger for her age. Appellant also scored and 89 on the WISV-IV test, well above the required score of 70.
Appellant also does not meet the criteria for a closely related condition. Although there was documentary evidence presented that offered a PDD NOS diagnosis, the evidence presented at hearing does not lead to the conclusion that Appellant has such a condition. An expert did testify who offered the diagnosis however, provided no test results to support it.
Appellant also claimed and provided testimony that appellant had been found eligible for Autism services however, there was no evidence presented that met the criteria for the services.
The evidence at the hearing showed appellants difficulties in language, motor skills, an anxiety disorder and OCD. None of these are related to a developmental condition as defined by DDS.