DMR Eligibility Decision by H.O. Deirdre Rosenberg 12/6/07

Outcome: Denied

Keyword: reliability, early childhood IQ tests, incomplete ABAS-II questionnaire

Hearing Officer: Deirdre Rosenberg

Counsel present for Appellant:

Counsel present for DMR: Allegra Munson

Hearing Officer decision: 12/6/07

Appeal confirmed by Commissioner: 12/13/07

The appellant was administered the WISC-III test numerous times:

At the time the appellant applied for DMR services, the definition of mental retardation that DMR was relying upon required an IQ score of 70 or below (i.e., the post June 2, 2006 DMR standard).

During this time period during which the appellant was administered the WISC-III tests, the appellant had been arrested for trespassing and assault, and different clinicians diagnosed her with oppositional behavior. The appellant was later diagnosed at both 17 and 20 years old. The notes indicate she suffered from severe mental health problems, and organic impairment, which had resulted in mild retardation.

The DMR psychologist testified that the appellant’s cognitive deficits were the result of mental illness, not mental retardation.

The hearing officer determined that the appellant had “significantly sub average intellectual functioning.” In passing, the Hearing Officer noted that she discounted the scores obtained at age 7 as “early childhood [IQ tests] are often unreliable.”

The Hearing Officer then found that Appellant did not have the required impairment for eligibility in the adaptive skills area. The Hearing Officer was persuaded in this finding by a Student Profile report prepared by the appellant’s school which described her competence in her vocational placement and her ability to do her daily chores. The Hearing Officer was also persuaded by testimony regarding her adaptive skills.

While noting that the Appellant fell more than two standard deviations below the mean in two skill areas (which would satisfy the adaptive skills prong), the Hearing Officer discounted one area since the person completing the ABAS II questionnaire had left blank several of the statements in this category.