Specific Learning Disability in Arkansas

1. Specific Learning Disability in Arkansas Loretta S. Wallace, Ed.S., SPS, LPE Consultant for School Psychology Services Dawson Education Service Cooperative Arkansas Department of Education, Special Education Unit

2. IDEA Regulations for SLD • Add procedures for identification • Requires additional group members • Add criteria for determining SLD • Describes required observation • Specifies documentation

3. A Close Look at §300.307 • State must adopt criteria* for determining whether a child has an SLD as defined in IDEA • Public agencies must use State criteria in determining whether a child has an SLD Produced by NICHCY, 2007 *Consistent with §300.309 of Part B

4. A Close Look at §300.307 State criteria may not require use of severe discrepancy between intellectual ability and achievement for determining whether a child has an SLD New State criteria may permit use of other alternative research-based procedures. State criteria must permit use of a process based on the child's response to scientific, research-based intervention Produced by NICHCY, 2007

5. Group Determining SLD Determination of SLD is made by child’s parents and a team of qualified professionals, which must include: • Child’s regular teacher If child does not have a regular teacher: A regular classroom teacher qualified to teach a child of his or her age If child is less than school age: An individual qualified by SEA to teach a child of his or her age Produced by NICHCY, 2007 and

6. Group Determining SLD • At least one person qualified to conduct individual diagnostic examinations of children… Such as… • school psychologist • speech-language pathologist • remedial reading teacher Produced by NICHCY, 2007

7. Criteria for Determination The child does not achieve adequately for the child’s age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade–level standards:

8. Determining SLD • Oral expression • Listening comprehension • Written expression • Basic reading skill • Reading fluency skills • Reading comprehension • Math calculation • Math problem solving and… Produced by NICHCY, 2007

9. Determining SLD • Child’s progress in 1 (or more) of these 8 areas is not sufficient to meet age or State-approved grade level standards when his or her response to scientific, research-based intervention is part of determination process or • Child exhibits a pattern of strengths and weaknesses in performance, achievement, or both: age State-approved grade level standards, or intellectual development Relative to: …that group determines is relevant to identification of SLD and… Produced by NICHCY, 2007

10. Determining SLD • Group determines that its findings are not primarily the result of: • Visual, hearing, or motor disability • Mental retardation • Emotional disturbance • Cultural factors • Environmental or economic disadvantage • Limited English proficiency or or Produced by NICHCY, 2007

11. Determining SLD Purpose:To ensure child’s underachievement is not due to lack of appropriate instruction in reading or math Group must consider data in 2 areas: 1- Data showing that child was provided appropriate instruction in regular education settings, delivered by qualified personnel, before (or as part of) referral process and… Produced by NICHCY, 2007

12. Determining SLD 2- Data-based documentation that child’s achievement was repeatedly assessed at reasonable intervals This documentation: • Reflects formal assessment of student progress during instruction • Was provided to the child's parents Produced by NICHCY, 2007

13. Determining SLD Public agency must promptly request parent consent for evaluation: • Whenever child is referred for evaluation • If, before referral for evaluation, child has not made adequate progress… • after appropriate period of time • when provided appropriate instruction by qualified personnel Produced by NICHCY, 2007

14. Observation in SLD Determination Public agency must ensure: • Child is observed in his or her learning environment (including the regular classroom setting) • to document child's academic performance and behavior in the areas of difficulty Produced by NICHCY, 2007

15. Observation in SLD Determination Group must decide whether to: • Use information from observation done before child was referred for an evaluation • routine classroom instruction • monitoring of child's performance or • Have at least one group member conduct observation after child has been referred forevaluation and parental consent • child’s academic performance in regular classroom

16. Observation in SLD Determination Observation of child less than school age or out of school: • Group member must observe child in environment appropriate for a child of that age Produced by NICHCY, 2007

17. and… Documenting the Determination of Eligibility For a child suspected of having SLD, documentation of determination of eligibility must contain a statement of 7 elements: Whether child has a specific learning disability Basis for making the determination* …including assurance that qualified professionals and child’s parent determined child was a “child with a disability” and his or her educational needs * Produced by NICHCY, 2007

18. Documenting the Determination of Eligibility Relevant behavior (if any) noted during observation of child and relationship of that behavior to child's academic functioning Educationally relevant medical findings (if any) and… Produced by NICHCY, 2007

19. Documenting the Determination of Eligibility Whether child does not achieve adequately: • for the child's age, or • to meet State-approved grade-level standards* and… * Consistent with §300.309(a)(1) Produced by NICHCY, 2007

20. Documenting the Determination of Eligibility Continued… and Child does not make sufficient progress to meet age or State grade-level standards ** or Child exhibits pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State grade-level standards or intellectual development *** ** Consistent with §300.309(a)(2)(i) and… *** Consistent with §300 .309(a)(2)(ii)

21. Documenting the Determination of Eligibility What the group has determined concerning effects on the child's achievement levelof— • Visual, hearing, or motor disability • Mental retardation • Emotional disturbance • Cultural factors • Environmental or economic disadvantage • Limited English proficiency or and… Produced by NICHCY, 2007

22. Documenting the Determination of Eligibility If child has participated in a process assessing his or her response to scientific, research-based intervention— • instructional strategies used and student-centered data collected; and • documentation that child's parents were notified about 3 things, as follows… Produced by NICHCY, 2007

23. Documenting the Determination of Eligibility …that child's parents were notified about— • State's policies regarding amount and nature of student performance data that would be collected and general education services that would be provided • Strategies for increasing the child's rate of learning • Parents' right to request an evaluation and Produced by NICHCY, 2007

24. Documenting the Determination of Eligibility Each member of group must certify in writing whether report reflects the member's conclusion If report does not: Member must submit a separate statement presenting his or her conclusions Produced by NICHCY, 2007

25. What has not changed for us? • Definition of SLD • Possible Referral Characteristics • Screening Information • Optional Evaluation Data • Required Evaluation Data • Except changes made to observation

26. Where can we find the changes in Arkansas Rules and Regulations? • Re: observation, in IV Required Evaluation Data section • In VI Evaluation Data Analysis • Includes allowable methods, criteria, and documentation

27. What are the allowable methods for SLD determination in Arkansas? • Public agencies may use severe discrepancy but it is not required • Public agencies may use a process based on the child’s response to scientific, research-based intervention • Public agencies may use other alternative research-based procedures

29. References and Resources • Ahearn, E.M., (2008). State eligibility requirements for specific learning disabilities. National Association of State Directors of Special Education, inForum brief policy analysis: http://www.nasdse.org/ • Arkansas Department of Education, Special Education Unit Procedural Requirements and Program Standards; Eligibility Criteria and Program Guidelines for Children with Disabilities, 2008. www.arksped.k12.ar.us • Individuals with Disabilities Education Improvement Act of 2004, Pub. L. No. 108-446, § 118 Stat. 2647 (2004).

30. References and Resources • Lichtenstein, R. & Klotz, M.B. (2007). Deciphering the federal regulations on identifying children with specific learning disabilities. NASP Communique, 36(3). • National Association of School Psychologists. (2007). Identification of students with specific learning disabilities (Position Statement). Bethesda, MD: Author. • National Joint Committee on Learning Disabilities. (2010). Comprehensive assessment and evaluation of students with learning disabilities. Available from www.ldonline.org/njcld

31. References and Resources • National Joint Committee on Learning Disabilities. (2011). Learning disabilities: implications for policy regarding research and practice. Available from www.ldonline.org/njcld • National Dissemination Center for Children with Disabilities, www.nichcy.org • U.S. Department of Education, Office of Special Education and Rehabilitative Services, Office of Special Education Programs: http://www2.ed.gov/about/offices/list/osers/osep/index.html

32. Contact Loretta S. Wallace, Ed.S., LPE, SPS Consultant for School Psychology Services Dawson Education Service Cooperative Arkansas Department of Education, Special Education Unit 501-835-3330 Loretta.wallace@arkansas.gov