Specific Learning Disabilities (SLD) Eligibility Implementing Wisconsin’s SLD Rule

1. Specific Learning Disabilities (SLD) Eligibility Implementing Wisconsin’s SLD Rule

2. How Did We Get Here?

5. 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)

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

7. Insufficient Progress Exclusionary Factors NEED FOR SPECIAL EDUCATION? IMPAIRMENT? Inadequate Classroom Achievement

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

9. Review of Existing Data

10. Eight Areas • oral expression • listening comprehension • written expression • basic reading skill • reading fluency skills • reading comprehension • mathematics calculation • mathematics problem solving

11. Additional IEP 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 • Student’s 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.

12. Insufficient Progress Exclusionary Factors NEED FOR SPECIAL EDUCATION? IMPAIRMENT? Inadequate Classroom Achievement

13. 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. PI 11.36(6)(d)1.

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

15. Lack of Appropriate Instruction

16. Documentation Requirement Prior to, or as a part of, an evaluation, the student was provided appropriate instruction in general education settings

17. Analyzing Potential Exclusionary Factors

18. Cultural Differences or Limited English Proficiency

19. Other Impairments

20. Documentation Requirement The effects of a visual, hearing or motor disability; cognitive disability, emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the student’s achievement level.

21. Insufficient Progress Insufficient Progress Exclusionary Factors NEED FOR SPECIAL EDUCATION? IMPAIRMENT? Inadequate Classroom Achievement

22. Insufficient Progress • Insufficient response to intensive, scientific research-based or evidence-based interventions (SRBI) • Progress monitoring (PM) data collected during at least 2 SRBIs in EACH area of concern • Rate of progress compared to same-age/grade peers PI11.36(6) (c) 2.a.

23. Determining Insufficient Progress(for each SRBI)

24. What is an intensive, scientific, research-based or evidence-based intervention (SRBI) that meets the standard in the SLD rule?

25. An SRBI is… • Scientific research-based or evidence-based • Used with individual or small groups • Focused on single or small number of discrete skills closely aligned to individual learning needs (area of concern) • Culturally responsive • Provides substantial number of instructional minutes beyond what is provided to all students • Implemented with adequate fidelity • Applied in a manner highly consistent with its design • At least 80% of the recommended number of weeks, sessions, minutes PI 11.02

26. What is Progress Monitoring?(in the SLD rule) • 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)

27. What is “Insufficient Progress”? The student does not make sufficient progress to meet age or state approved grade level standards in one or more of the eight areas of potential SLD when using a process based on a child’s response to intensive, scientific research based or evidence based interventions. PI 11.36 (6)(c) 2.a.

28. Decision RulesInsufficient Progress • 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 PI11.36(6) (c) 2.a.

29. Charting Progress Data

34. Documentation Requirement

35. Inadequate Classroom Achievement Insufficient Progress Exclusionary Factors NEED FOR SPECIAL EDUCATION? IMPAIRMENT? Inadequate Classroom Achievement

36. Inadequate Classroom Achievement • Individually administered valid/reliable achievement test • 1.25 SD cut score • 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)(c)1.

37. Exceptions • The IEP team may consider scores within 1 standard error of the measurement (SEM) of the 1.25 standard deviation if student meets all other criteria • A valid, reliable standard score cannot be obtained due to the student’s test behavior, language proficiency, another interfering impairment, or the absence of a valid, reliable test for the student’s age • Base decision on other empirical data

38. Inadequate Classroom Achievement

39. Documentation Requirement

40. Required Observations For all initial evaluations of public school students at least two systematic observations are required in area(s) of concern During routine classroom instruction During at least one SRBI PI 11.36(6)(e)

41. Required Systematic Observations • 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 PI 11.36(6)(e)2.b.

42. Required Systematic Observations • Intensive Intervention (all initial evaluations of public school students) • At least one during intensive intervention • 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.d.

43. Documentation Requirement ..relevant behavior noted during the observation of the student and the relationship of that behavior to the student’s academic functioning in the area of potential learning disability…using information from systematic observation …of routine classroom instruction and monitoring of the child’s performance…(and) ...during intensive intervention for that area

44. Eligibility DecisionSources of Data • Observation • During regular classroom instruction • During intensive intervention • Formal and informal assessment data • Standardized individually administered achievement test(s) after intervention • Weekly PM probes during intervention • Information or other assessments provided by the parent • Other data as determined by the IEP team

45. Reevaluation • A student remains eligible if: • There is continued demonstrated need for special education AND • No exclusionary factors apply • Inadequate Classroom Achievement and Insufficient Progress criteria do not apply

46. Reevaluation

47. Special Topics Parentally placed private school and home based private students (insufficient progress exception) Transfer Students Young Children Speech and Language Concerns

48. Parentally Placed Private School and Home-based Private Students • Insufficient progress exception • For more information on using significant discrepancy see resources on the SLD page and the SLD Technical Guide appendix

49. 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

50. Young Children • There are no age requirements for SLD, however, particular caution should be taken when evaluating young children • Differentiating between SLD and delayed but normal development in young children is often difficult • Some areas of achievement cannot be reliably evaluated until a child has developed sufficient skills • It may be appropriate to consider other impairments