Understanding Specific Learning Disabilities and Special Education Eligibility

1. Specific Learning Disabilities & Special Education Eligibility February 27, 2013 Daniel Hochbaum Equal Justice Works Fellow Sponsored by McDermott Will & Emery

2. Fellowship sponsor • Has sponsored 8 two-year Equal Justice Works fellowships since 2005 in cities all across the US • Fellowship organizer • D.C.-based national organization that helps launch the next generation of public interest lawyers • Fellowship host organization • Federally mandated agency that protects the rights of people with disabilities in Illinois

3. The LD Project • Self Advocacy Assistance • Community Outreach • Institutional Knowledge • Direct Representation Focus on: • Initial eligibility • Students in need of intensive interventions • Returning to our clients

4. What is SLD?

5. Defining Learning disabilities • Forget about medical definitions • Individuals with Disabilities Education Act (IDEA) • Term: Specific Learning Disability • Law: 34 C.F.R. § 300.8(c)(10) A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written…

6. Defining Learning disabilities …including conditions such as: • perceptual disabilities • brain injury • minimal brain dysfunction • Dyslexia AND • developmental aphasia… …that may manifest itself in the imperfect ability to: • Listen • Think • Speak • Read • Write • Spell OR • do mathematical calculations…

7. Defining Learning disabilities But wait! There’s more!

8. Defining Learning disabilities … LD does notinclude learning problems that are primarily the result of: • visual, hearing, or motor disabilities • mental retardation • emotional disturbance or • of environmental, cultural, or economic disadvantage 34 C.F.R. § 300.8(c)(10)(ii)

9. Which Methods are used to determine whether a student has a Specific Learning Disability?

10. Determining SLD: Two* methods The Old(er)* Way: Severe Discrepancy • A difference between ability and achievement • Schools give IQ testing and Achievement testing and look for a gap • States can determine how severe the discrepancy must be The New Way: Response to Intervention • Three Tier Process (typically) • Increasingly intense interventions at each tier • Students are constantly screened and interventions are adjusted accordingly

11. Determining SLD: 34 C.F.R. § 300.307 • Need state laws • Each state must adopt criteria for determining whether a child has an SLD as defined in IDEA • Can’t force severe discrepancy • State criteria may not require use of severe discrepancy model in determining whether a child has an SLD • Must allow RtI • State criteria must permit use of a process based on the child's response to scientific, research-based intervention (RtI) • Other methods permitted • State criteria may permit use of other alternative research-based procedures

12. Evaluations • Referral and Consent • See § 300.309 • Timelines • Schools must comply with the timelines for evaluations in the statute • Observations • § 300.310 states that a child suspected of having SLD must be observed in the classroom as part of the evaluation • School may use observation information from before the child was referred for an evaluation OR may observe after the referral

13. Who determines SLD?

14. Who determines SLD? 34 C.F.R. § 300.308  • Determination of SLD is made by… • Child’s Parents • Child’s regular teacher • At least one person qualified to conduct individual diagnostic examinations of children Such as… • school psychologist • speech-language pathologist • remedial reading teacher

15. How do schools determine whether a student has a Specific Learning Disability?

16. Determining SLD: 34 C.F.R. § 300.309 Factors Considered • Child’s achievement levels in 1 (or more) of 8 specified areas • Oral expression • Listening comprehension • Written expression • Basic reading skill • Reading fluency skills • Reading comprehension • Math calculation • Math problem solving

17. Determining SLD: 34 C.F.R. § 300.309 • Below age or grade level • Child’s progress in 1 (or more) of these 8 areas is not sufficient to meet age or State-approved grade level standards when RtI is being used OR • Pattern • Child exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to: • Age • State-approved grade level standards, or • intellectual development • that group determines is relevant to identification of SLD…

18. Determining SLD: 34 C.F.R. § 300.309 But wait! There’s more!

19. Determining SLD: 34 C.F.R. § 300.309 • Group determines that being below age/grade level or that pattern is not primarily the result of: • Visual, hearing, or motor disability • Mental retardation • Emotional disturbance • Cultural factors • Environmental or economic disadvantage • Limited English proficiency

20. Determining SLD: 34 C.F.R. § 300.309 Below age or grade level OR Pattern Not Primarily because of Other Causes 1 of 8 Factors consideration of whether the child did not receive appropriate instruction in reading or math consideration of data-based documentation of repeated assessments of achievement (and progress) at reasonable intervals SLD Eligibility!

21. Documentation of Eligibility • All of this information must be put into an eligibility determination document • Each member of the team must state whether they agree with eligibility determination