DMR Eligibility Decison by H.O. Hudgins 10 18 04

Appeal denied by Commissioner on October 26, 2004

Keyword: intellectual function, subset score discrepancy, lack of global deficits

Hearing Officer: Marcia A. Hudgins

Counsel present for Appellant: No

Counsel present for DMR: David Fleischman

Appellant present: Yes

Hearing Officer Decision on October 18, 2004

The appellant had been diagnosed with Williams syndrome. No formal ABAS results were presented.

The 2003 IEP stated that the appellant functioned in the deficient range of cognitive ability. The DMR expert noted that the appellant had a longstanding diagnosis of Williams syndrome and that some developmental delays were associated with that disorder. In addition, he stated that the 1998 testing was not reliable because the examiner did not give any behavioral observations nor did she make a comment concerning validity.  Based on other test reports, the expert concluded that the appellant had a learning disability.

The hearing officer found that the appellant was not mentally retarded.  She stated that the IQ score of 62 was not valid because there was a greater than 20-point discrepancy. She also questioned its validity and stated that the appellant had definite deficits but they were not global in nature.