Wisconsin

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Wisconsins Specific Learning Disabilities Rule
Workshop for School Teams

• Scott Brown
• DPI Education Consultant
• Special Education Team

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• 10/29/2013 Note
• The following slide presentation was developed to
  address the requirements of the rule during the
  transition period between December 1, 2010 and
  December 1, 2013. Some of the information may not
  be relevant once a school has transitioned to
  implementing the Insufficient Progress criterion
  (required of all LEAs effective December 1,
  2013).

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Overview of the SLD Rule
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Revised WI SLD Rule

• Three Criteria
• Inadequate classroom achievement (after
  intervention)
• Insufficient progress
• Consideration of exclusionary factors
• Sources of Data
• Observation
• Formal and informal assessment data
• Documentation requirements

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Definition of SLD

• Specific learning disability means a disorder in
  one or more of the basic psychological processes
  involved in understanding or using language,
  spoken or written, that may manifest itself in an
  imperfect ability to listen, think, speak, read,
  write, spell or perform mathematical
  calculations, including conditions such as
  perceptual disabilities, brain injury, minimal
  brain dysfunction, dyslexia and developmental
  aphasia. The term does not include learning
  problems that are primarily the result of visual,
  hearing, motor disabilities, cognitive
  disabilities, emotional disturbance, cultural
  factors, environmental, or economic disadvantage.
  
• PI 11.36(6)(a)

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How Did We Get Here?
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December 1, 2010
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December 1, 2010

• Documentation of intensive intervention before
  assessing Classroom Achievement.
• Inadequate Classroom Achievement defined as 1.25
  SD or more below the mean for same age peers.
• Additional Exclusionary Factor Lack of
  appropriate instruction in the area(s) under
  consideration (not just reading and mathematics).
• Information processing is no longer required.

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Documentation Requirement
F. The student received intensive intervention,
which was applied in a manner highly consistent
with its design, closely aligned to pupil need,
and culturally appropriate.
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IEP Process

• Referral/Notice
• Review Existing Data
• Consent (if needed)
• Additional Assessment (if needed)
• Eligibility Determination
• IEP placement (if eligible)

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Caution Review of Existing Data
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Eight Areas

• oral expression
• listening comprehension
• written expression
• basic reading skill
• reading fluency
• reading comprehension
• mathematics calculation
• mathematics problem solving

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Sunset of Significant Discrepancy
December 1, 2013
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Additional Team Members

• Licensed person qualified to assess data on
  individual rate of progress
• Licensed person who implemented scientific,
  research-based or evidence-based, intensive
  interventions
• Licensed person qualified to conduct individual
  diagnostic evaluations
• Students general education teacher or
  individual licensed to teach a student of the
  same age (required of all IEP teams)
• One team member can serve multiple roles
• PI 11.36(6)(d)3.

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School Wide Notification

• Once a school begins to use response to
  intensive intervention method, it must be used
  for ALL SLD eligibility decisions for students
  enrolled at the school.
• School-based not district-based decision.
• Parents of ALL enrolled students must be notified
  at least 10 days before implementation.
• Sample notification link on DPI SLD web page.

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Exclusionary Factors
Insufficient Progress
Inadequate Classroom Achievement
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Exclusionary Factors
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Exclusionary Factors
Insufficient Progress
Inadequate Classroom Achievement
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Exclusionary Factors

• Environmental or economic disadvantage, or
  cultural factors.
• Lack of appropriate instruction in reading, math
  or any other areas of SLD being considered.
• Limited English proficiency.
• Other impairments.
• PI11.36(6)(d)1.

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Applying Exclusionary Factors

• Exclusionary Factors

• The IEP team may not identify a student with SLD
  if inadequate classroom achievement or
  insufficient progress is primarily due to an
  exclusionary factor.

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Lack of Appropriate Instruction
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Documentation Requirement
A. Information demonstrating that the student
was provided appropriate instruction in regular
education.
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Environmental or Economic Disadvantage
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Cultural Differences or Limited English
Proficiency
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Other Impairments
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Documentation Requirement
I. The effects of a visual, hearing or physical
(motor) disability cognitive disability,
emotional disturbance cultural factors
environmental or economic disadvantage or
limited English proficiency on the students
achievement level.
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Inadequate Classroom Achievement
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Exclusionary Factors
Insufficient Progress
Inadequate Classroom Achievement
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Individually Administered Achievement Test

• 1.25 SD cut score on reliable/valid test.
• Must be administered after intensive
  intervention.
• Same cut score standard applies regardless of
  intellectual ability.
• Applies to each area of potential concern.
• PI 11.36(6)(6)1.

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Documentation Requirement
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Documentation Requirement
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Insufficient Progress
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Exclusionary Factors
Insufficient Progress
Inadequate Classroom Achievement
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Insufficient Progress

• Insufficient response to intensive, scientific
  research-based or evidence-based interventions.
• Progress monitoring data from at least 2
  intensive interventions in EACH area of potential
  SLD required.
• Baseline data and at least weekly progress
  monitoring is required.
• Rate of progress Is compared to same-age peers.

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2 Types of Intensive Interventions

• Type 1
• 1 required prior to academic testing for
  inadequate classroom achievement.
• Required of all SLD evaluations.
• Type 2
• 2 required for EACH area of potential SLD
  concern.
• More rigorous than those required in 1.
• If implemented PRIOR to academic testing, may
  count for 1 also.
• Required for enrolled public school students
  after school begins using new criteria.

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Standards for ALL (Type 1 2) Intensive
Interventions

• Used with individual or small groups.
• Focused on single or small number of discrete
  skills.
• Include substantial number of instructional
  minutes beyond what is provided to all students.
• Applied in a manner highly consistent with its
  design, closely aligned to student need.
• Culturally responsive.
• PI 11.02(6m)
• PI 11.36(6)(f)4

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Additional Standards for Interventions with
Progress Monitoring

• Must meet standards for all intensive
  interventions
• Type 2 ADDITIONAL features
• Scientific research-based or evidence-based.
• Closely aligned to individual learning needs
  (area of concern)
• Implemented with adequate fidelity
• Consistent with design
• At least 80 of the recommended number of weeks,
  sessions, minutes
• At least TWO interventions required for EACH area
  of concern
• PI 11.02(1), PI 11.36(6)(c)2.a.

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Progress Monitoring

• What is progress monitoring?
• A scientifically based practice to assess student
  response to intervention
• Uses valid and reliable tools (probes)
• Brief, direct measures of specific academic
  skills
• Multiple equal or nearly equal forms
• Sensitive to small changes in student performance
  
• Provides valid, reliable measures of performance
  during intervention. PI 11.02 (9)

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Charting Progress Data
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When is Progress Insufficient?

• Progress is the same or less than same-age peers
  OR
• Progress is greater than same-age peers but will
  not result in reaching the average range of
  achievement in a reasonable period of time OR
• Progress is greater than same-age peers but the
  intensity of resources necessary to obtain this
  rate of progress cannot be maintained in general
  education

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Decision rule The rate of progress is the
same or less than that of his/her same-age peers.

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Decision rules The rate of progress is greater
than his/her same-age peers but will not result
in reaching the average range of achievement in a
reasonable period of time. OR Progress is
greater than same age peers but the intensity of
the resources necessary to obtain this rate of
progress cannot be maintained in general
education.
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Determining Insufficient Progress
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Documentation Requirement
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Documentation Requirement
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Systematic Observation

• Routine Classroom Instruction
• All evaluations and re-evaluations.
• At least one observation during core instruction
  in each area of concern.
• One observation may address multiple areas of
  concern.
• The observation must be conducted by a member of
  the IEP team.
• Intensive Intervention (initial public school
  students, when using PM)
• At least one during intensive intervention for
  EACH area of SLD concern.
• One observation may address multiple areas of
  concern.
• The observation must be conducted by a member of
  the IEP team.
• Must be conducted by someone OTHER than the
  person providing the intervention.
• PI 11.36(6)(e)2.b.
• PI 11.36(6)(e)2.d.

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Documentation Requirement
D. Relevant behavior noted during observation of
the student in his or her learning environment
(including the regular classroom) and the
relationship of that behavior to the students
academic functioning (if using observational data
of the students academic performance and
behavior done prior to the referral for the
evaluation, see ER-1).
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RTI SLD

• RTI is helpful but not required for compliance
  with SLD rule
• Goal of RTI system is to improve outcomes for ALL
  students
• Most direct link is documenting insufficient
  progress
• SLD rule links general education instructional
  support with special education eligibility
• Special education referrals cannot be delayed
• Timeline may be extended based on mutual agreement

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Reevaluations
http//dpi.wi.gov/forms/doc/felg-sld-002.doc
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SLD Evaluation Requirements Checklist
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Exceptions

• Significant discrepancy
• Parentally placed private school students
• Home based private education

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Transfer Students

• Transfer from one to Wisconsin LEA to another
  Wisconsin LEA
• Out of state to a Wisconsin LEA
• Transfer from one Wisconsin LEA to another before
  eligibility is determined

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Exclusionary Factors
Insufficient Progress
Inadequate Classroom Achievement
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Thank You
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Scott BrownEducation Consultant Specific
Learning Disabilities608-267-9271scott.brown_at_dpi
.wi.gov