The construct of learning disabilities has been challenged pedagogically, politically, and in the judiciary. Some claim that learning disabilities are socially constructed and created by misdirected efforts of educational reform. Politicians worry about the growing number of children served in special education and propose that many LD students are instructional casualties and not truly disabled. The judiciary has applied a severity screen that narrows the class of eligible children and has contributed to the LD eligibility confusion. This article traces the legislative history of LD eligibility, reviews administrative and judicial decisions pertaining to LD eligibility, and explores the dilemma inherent in a rights-based approach to ensuring equitable educational opportunity for students with LD.