Federal Definition of Mental Retardation:
"Cognitively impaired" corresponds to "mentally retarded" and means a disability that is characterized by significantly below average general cognitive functioning existing concurrently with deficits in adaptive behavior; manifested during the developmental period that adversely affects a student's educational performance and is characterized by one of the following:i. "Mild cognitive impairment" corresponds to "educable" and means a level of cognitive development and adaptive behavior in home, school and community settings that are mildly below age expectations with respect to all of the following:(1) The quality and rate of learning;(2) The use of symbols for the interpretation of information and the solution of problems; and(3) Performance on an individually administered test of intelligence that falls within a range of two to three standard deviations below the mean.ii. "Moderate cognitive impairment" corresponds to "trainable" and means a level of cognitive development and adaptive behavior that is moderately below age expectations with respect to the following:(1) The ability to use symbols in the solution of problems of low complexity;(2) The ability to function socially without direct and close supervision in home, school and community settings; and(3) Performance on an individually administered test of intelligence that falls three standard deviations or more below the mean.iii. "Severe cognitive impairment" corresponds to "eligible for day training" and means a level of functioning severely below age expectations whereby in a consistent basis the student is incapable of giving evidence of understanding and responding in a positive manner to simple directions expressed in the child's primary mode of communication and cannot in some manner express basic wants and needs.
Mental Retardation refers to substantial limitations in present functioning. It is characterized by significantly sub average intellectual functioning, existing concurrently with related limitations in two or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work. Mental retardation is manifest before age 18.Sub average intellectual functioning is determined by scores on standardized intelligence quotient (IQ) tests. Mental retardation will yield a score of 70 or below on an IQ test. However, scores between 70 - 80 indicate a borderline intellectual functioning, and might be considered mental retardation. Deficits in adaptive behavior are reflected in poorly developed daily living skills.Eighty-nine percent of people with mental retardation have MILD mental retardation and score between 52-70 on IQ tests. This is generally where the defendant with mental retardation will score.
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