My child is struggling 
Now that my child has 
Important points to remember when describing LD:
- Learning disabilities are real. Scientists have proven the biological basis of learning disabilities through the use of brain scans and other techniques. Also, there is proof that learning disabilities can be genetic.
- Learning disabilities occur often. Most scientific experts agree (and school data confirm) that at least five percent and likely more of our school-age children have severe problems with learning.
- Learning disabilities are not the same as mental retardation or attention deficit/hyperactivity disorder (AD/HD). People with LD have average to above-average intelligence, which is not the case for people with mental retardation. While there are a significant number of people with LD who also have AD/HD, AD/HD is not a learning disability. (If AD/HD and LD are confused during your conversations, it can often help to distinguish between them by stating that AD/HD is a neurobiological disorder characterized by developmentally inappropriate impulsivity, inattention, and in some cases, hyperactivity, while LD is a neurological disorder that affects the brain's ability to receive, process, store and respond to information.)
- Learning disabilities are lifelong. Many children can be taught to compensate for them with early diagnosis and appropriate instruction.
Legal Protections
People with learning disabilities have legal protections available to them through several federal laws. Being familiar with these laws will help support your advocacy efforts.
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Individuals with Disabilities Education Act (IDEA 2004)
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Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination on the basis of disability in programs and activities, public or private, that receive federal financial assistance. The law does not provide funding for special education or related services, but it does permit the federal government to take funding away from programs that do not comply with the law. -
Americans with Disabilities Act of 1990 (ADA)
The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that protects individuals with disabilities from discrimination in the workplace, as well as school and other settings. ADA does not provide funding for services or accommodations. -
No Child Left Behind Act of 2001 (NCLB)
While not offering any protections specific to students with disabilities, the No Child Left Behind Act of 2001 (NCLB) is a federal law that requires significant accountability measures for elementary and secondary education in the U.S. It is important legislation for students with disabilities because it ensures that academic standards be set for all children, including those with disabilities.
Prevalence or Frequency of Occurrence
The prevalence of learning disabilities is frequently addressed by the media and is often brought up in discussions with policymakers so it's important to know the facts on this issue. While there is no exact data regarding the total number of Americans who have learning disabilities, it is estimated that as much as 15 percent of the U.S. population has some type of LD.
Fortunately, there are reliable data on the number of children served in the LD category under IDEA, which is often the group singled out for discussion. While there has been substantial growth in the LD category during the 30 years since enactment of the IDEA, the number of students in the LD category has increased less than the total number of students served under IDEA in each of the past 13 consecutive years. In fact, there has been a decline in the number of students identified as LD in each of the years between 2000 and 2005.
Some important numbers
- 2,780,218 students (ages 6-21) are being served in the LD category of IDEA today, using the most recent data. This is 45 percent of the total number of students served under IDEA and 5.2 percent of the U.S. resident population of students in that age group.
- The percentage of the estimated population of students in the LD category has increased from 4.4% to 5.2% in the five years between 2000 and 2005.
- The percentage of students served in the LD category varies significantly from state to state, partially because of the varied methods that schools use to qualify students as LD and eligible for special education services. Currently, state identification rates range from a low of 2.2% in Kentucky to a high of 7.7% in Iowa and Oklahoma. (These are the numbers from a national perspective — to get the specifics for your state, visit the Data Accountability Center (DAC) website.) (Source: Data Accountability Center (DAC)
