Identifying Specific Learning Disabilities under IDEA 2004 and New State Regulations

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Identifying Specific Learning Disabilities under
IDEA 2004 and New State Regulations

• Tonya Middling, Coordinator
• Learning Improvement, Special Education
• August 2007

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Regulation Process

• Part B of IDEA 2004 signed into law-Dec. 3, 2004
  went into effect July 1, 2005
• OSPI formed 5 taskforce committees-July 2005
• Aug. 14, 2006, OSEP published federal regulations
  to implement Part B of IDEA
• Federal Regulations took effect Oct 13, 2006.
• OSPI adopted final state regulations (Chapter
  392-172A) on June 29, 2007.
• State regulations took effect on July 30, 2007.
• SLD regulations are found at Chapter
  392-172A-03045 through 392-172A-03080

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Evaluating Students for Disability

• The information in this training does not include
  all there is to know about IDEAs provisions for
  evaluation
• The provisions discussed in this training are in
  addition to those separately examined in the
  evaluation procedures found under 392-172A-03005
  through -03040
• An evaluation to identify whether or not a
  student has a SLD must adhere to the requirements
  described in the evaluation procedures.

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Opening Activity (5 minutes)

• What do you already know about SLD and the
  process for which a specific learning disability
  is identified?

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Purpose

• This training will review
• The definition of specific learning
  disabilities and
• Additional provisions for the identification of
  students with specific learning disabilities.

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Our Evolving Understanding of SLD

• IDEA 2004 did not change the definition of SLD,
  however new language in section 614(b)(6)
  represents the first change in 30 years in how
  States may determine the existence of a SLD.
• Our understanding of SLD will continue to evolve
  as more research emerges.
• Meanwhile, RTI is optional.

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Definition of SLD

• WAC 392-172A-01035(2)(k)
• Specific learning disability means a disorder in
  one or more of the basic psychological processes
  involved in understanding or in using language,
  spoken or written

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Definition of SLD

• May manifest itself in the imperfect ability to
• listen
• think
• speak
• read
• write
• spell or
• do mathematical calculations

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Definition of SLD

• including conditions such as
• perceptual disabilities
• brain injury
• minimal brain dysfunction
• dyslexia and
• developmental aphasia
• that adversely affects a student's educational
  performance.

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Definition of SLD

• Specific learning disability does not include
  learning problems that are primarily the result
  of
• visual, hearing, or motor disabilities
• mental retardation
• emotional disturbance or
• environmental, cultural, or economic
  disadvantage.

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Determining SLD

• Additional Procedures for Identifying Students
  with Specific Learning Disabilities
• 392-172A-03045  District procedures for specific
  learning disabilities
• 392-172A-03050  Additional members of the
  evaluation group
• 392-172A-03055  Specific learning
  disabilityDetermination
• 392-172A-03060  Process based on a student's
  response to scientific research-based
  intervention

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Determining SLD

• 392-172A-03065  Use of discrepancy tables for
  determining severe discrepancy
• 392-172A-03070  Method for documenting severe
  discrepancy
• 392-172A-03075  Observation of students suspected
  of having a specific learning disability
• 392-172A-03080  Specific documentation for the
  eligibility determination of students
  suspected of having specific learning
  disabilities

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300.307 Specific Learning Disabilities

• A State must adopt criteria for determining
  whether a child has an SLD as defined in IDEA.
  Criteria
• Must not require the use of a severe discrepancy
  between intellectual ability and achievement for
  determining whether a child has a SLD
• Must permit the use of a process based on the
  childs response to scientific, research-based
  intervention and
• May permit the use of other alternative
  research-based procedures for determining a child
  has SLD.
• A public agency must use the State criteria
  adopted in determining whether a child has a SLD.

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A Closer Look at 300.307

• NEW
• Must not require the use of a severe discrepancy
  between intellectual ability and achievement for
  determining whether a child has a SLD
• What is a severe discrepancy model?
• What major concerns exists with the discrepancy
  model?

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Developing Consensus

• LD Summit-Aug. 2001
• Reviewed OSEP commissioned white papers and
  response papers to begin a discussion about using
  current SLD research findings
• LD Roundtable-Oct.-Nov. 2001
• Continued discussion based on latest research
  findings
• SLD Finding Common Ground Report-July 2002
• Identified 25 consensus statements in 5
  categories
• Retrievable at
• http//www.nrcld.org/resource_kit/tools/SLDOvervie
  w2007.pdf

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Developing Consensus, cont.

• PCESE 2002 Major Recommendations
• Focus on results (results-oriented)
• Embrace a model of prevention (RTI) not a model
  of failure (IQ/achievement)
• Consider students with disabilities as general
  education students first

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A Closer Look at 300.307

• NEW
• Must permit the use of a process based on the
  childs response to scientific, research-based
  intervention
• What is RTI?
• How has RTI come to intersect with IDEA?
• May States Exclude RTI from Their Criteria?

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What is RTI?

• RTI is the practice of (1) providing
  high-quality instruction/intervention matched to
  student needs and (2) using learning rate over
  time and level of performance to (3) make
  important educational decisions to guide
  instruction
• National Association of State Directors of
  Special Education, 2005

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A Closer Look at 300.307

• NEW
• May permit the use of other alternative
  research-based procedures for determining a child
  has SLD.
• What are Other Alternative Research-Based
  Procedures?
• How Are Research-Based Procedures Defined?

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State Adopted SLD Procedures

• WAC 392-172A-03045 
• Districts must develop procedures for the
  identification of SLD which may include
• A severe discrepancy between intellectual ability
  and achievement or
• A process based on a students response to
  scientific, research-based intervention or
• A combination of both.
• Note Districts are not required to use severe
  discrepancy.

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Group Determining SLD

• WAC 392-172A-03045
• Determination of SLD is made by the students
  parents and a group of qualified professionals
  which must include
• Students general education classroom teacher or
• If the student does not have a general education
  classroom teacher, a general education classroom
  teacher qualified to teach a student of his or
  her age or
• For a student of less than school age, an
  individual qualified to teach a student of his or
  her age and
• 
  

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Group Determining SLD

• At least one individual qualified to conduct
  individual diagnostic examinations of students,
  such as
• school psychologist
• speech language pathologist, or
• remedial reading teacher.

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Determining SLD

• WAC 392-172A-03055(1)
• Factors involved
• Students achievement levels in 1 (or more) of 8
  specified areas
• Oral expression
• Listening comprehension
• Written expression
• Basic reading skill
• Reading fluency skills NEW
• Reading comprehension
• Mathematics calculation
• Mathematics problem solving.

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Determining SLD

• WAC 392-172A-03055(2)(a)
• The group may determine the student has a SLD if
  the student
• Does not achieve adequately for the students age
  or meet the states grade level standards when
  provided with learning experiences and
  instruction appropriate for the students age in
  one or more of the 8 areas
• When using RTI, or
• The group finds the student has a severe
  discrepancy
• and

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Determining SLD

• WAC 392-172A-03055(2)(b)
• The group may also consider whether the student
  exhibits a pattern of strengths and weaknesses in
  performance, achievement, or both, relative to
• age
• state grade level standards, or
• intellectual development
• that is determined to be relevant to the
• identification of SLD
• and

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Determining SLD

• WAC 392-172A-03055(3)
• The group determines its findings are not
  primarily the result of
• A visual, hearing, or motor disability
• Mental retardation
• Emotional disturbance
• Cultural factors
• Environmental or economic disadvantage or
• Limited English proficiency.

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Putting It Together
Three ?s Needed to Determine SLD
? and ? and ?
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The group may determine a student has a SLD if-
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Determining SLD

• WAC 392-172A-03055(4)
• To ensure a students underachievement is not due
  to lack of appropriate instruction in reading or
  math
• Group must consider data in 2 areas
• Data that demonstrate that prior to, or as a part
  of, the referral process, the student was
  provided appropriate instruction in general
  education settings, delivered by qualified
  personnel and

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Determining SLD

• Data-based documentation of repeated assessment
  of achievement at reasonable intervals
• This documentation
• Reflects formal assessment of student progress
  during instruction
• Was provided to the students parents.

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Determining SLD

• WAC 392-172A-03055(5)
• The district must promptly request parental
  consent to evaluate the student to determine if
  the student needs special education and related
  services, and must adhere to the time frames for
  an initial evaluation under WAC 392-172A-03005
• If, prior to the referral, a student has not made
  adequate progress after an appropriate period of
  time when provided instruction, as described in
  (4) (a) and (b) or
• Whenever a student is referred for an evaluation.

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Time frames

• WAC 392-172A-03005
• The district must adhere to time frames for
  initial evaluation
• 35 school days after the date written consent for
  evaluation has been provided or
• 35 school days after the date the refusal of the
  parent is obtained by agreement through
  mediation, or overridden by due process
  procedures or
• Such other time period as may be agreed to by the
  parent and documented by the school district,
  including specifying the reasons for extending
  the timeline.

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Process based on a students response to
scientific, research-based intervention NEW

• WAC 392-172A-03060(1) Districts using RTI for
  SLD shall adopt procedures that include the
  following
• (a) Universal screening and/or benchmarking at
  fixed intervals at least three times throughout
  the school year
• (b) A high quality core curriculum designed to
  meet the instructional needs of all students
• (c) Scientific research-based interventions as
  defined in WAC 392-172A-01165 are identified for
  use with students needing additional instruction
• (d) Scientific research-based interventions used
  with a student are appropriate for the student's
  identified need and are implemented with
  fidelity

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Process based on a students response to
scientific, research-based intervention NEW

• WAC 392-172A-03060(1)
• (e) A multi-tiered model is developed for
  delivering both the core curriculum and strategic
  and intensive scientific research-based
  interventions in the general education setting
• (f) Frequent monitoring of individual student
  progress occurs in accordance with the constructs
  of the multi-tiered delivery system implemented
  in the school consistent with the intervention
  and tier at which it is being applied and
• (g) Decision making using problem solving or
  standard treatment protocol techniques is based
  upon, but not limited to, student centered data
  including the use of curriculum based measures,
  available standardized assessment data, intensive
  interventions, and instructional performance
  level.

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Procedures for using RTI

• WAC 392-172A-03060 (2) (a) and (b)
• Procedures must be designed to establish
• The students general education core curriculum
  instruction provided the student the opportunity
  to increase her or his rate of learning
• Two or more intensive scientific research-based
  interventions, identified to allow the student to
  progress toward his or her improvement targets,
  were implemented with fidelity and for a
  sufficient duration to establish that the
  students rate of learning using did not
  increase or allow the student to reach the
  targets identified for the student

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Procedures for using RTI

• WAC 392-172A-03060 (2) (c)
• The duration of intensive scientific,
  research-based interventions that were
  implemented was long enough to gather sufficient
  data points below the students aim line to
  demonstrate student response for each of the
  interventions through progress monitoring to
  determine the effectiveness of the interventions.
  

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Words Read Correct
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Words Read Correct
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Guidelines to Assist Districts in Developing the
Procedures

• WAC 392-172A-03060(3)
• Refers districts to the RTI manual for
  recommended guidelines when writing procedures
  for using RTI for SLD identification.

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Retained the Discrepancy Tables and Methods for
Documenting Severe Discrepancy

• WAC 392-172A-03065 and -03070
• No Changes
• http//www.k12.wa.us/SpecialEd/pubdocs/LD_Tables.p
  df

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Observation in SLD Determination

• WAC 392-172A-03075
• Districts must ensure
• The student is observed in students learning
  environment, including the general education
  classroom setting, to document academic
  performance and behavior in the areas of
  difficulty.
• Why is Observation Necessary?

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Observation in SLD Determination

• If pre-referral observation is not used, member
  of evaluation group must observe in general
  education classroom after consent is obtained.
• For pre-school students or students who are not
  in school, observation must be in an appropriate
  environment for students of that age.

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Documentation for SLD Eligibility

• WAC 392-172A-03080
• For RTI, the evaluation report must contain a
  statement of
• The instructional strategies used and the
  student-centered data collected consistent with
  the districts RTI procedures and
• The students parents were notified about
• State and school district policies regarding the
  amount and nature of student performance data
  that would be collected and the general education
  services that would be provided
• Strategies for increasing the students rate of
  learning and
• The parents right to request an evaluation.

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All SLD evaluations must include data regarding
appropriate instruction in reading and math

• Data that demonstrates that prior to or as part
  of the referral process, the student was provided
  appropriate instruction in general education
  settings, delivered by qualified personnel, and
• Data based documentation of repeated assessments
  of achievement at reasonable intervals,
  reflecting formal assessment of student progress
  during instruction, which was provided to the
  parents

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Closing Activity

• Reflect

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Resources

• NICHCY www.nichcy.org/training/11-discussion.doc
• National Research Center for Learning
  Disabilities www.nrcld.org/
• OSPI RTI Website www.k12.wa.us/SpecialEd/RTI.aspx
  
• National Association of School Psychologists
  www.nasponline.org. NASP Position Statement on
  Identification of Students with SLD. July 2007.

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Thank You!

• For more information
• Tonya Middling
• Learning Improvement Coordinator
• OSPI, Special Education
• 360-725-6075
• Tonya.middling_at_k12.wa.us