1. Specific Learning Disabilities (SLD) Eligibility Implementing Wisconsin’s SLD Rule December 2013 1

2. How Did We Get Here? December 2013 2

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5. 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) Definition of SLD December 2013 5

6. Three Criteria –Insufficient progress –Inadequate classroom achievement (after intervention) –Consideration of exclusionary factors Sources of Data –Observation –Formal and informal assessment data Documentation requirements December 2013 6 Overview of WI SLD Rule

7. Insufficient Progress Inadequate Classroom Achievement IMPAIRMENT? NEED FOR SPECIAL EDUCATION? December 2013 7

8. IEP Process Referral/Notice Review Existing Data Consent (if needed) Additional Assessment (if needed) Eligibility Determination IEP placement (if eligible) December 2013 8

9. Review of Existing Data December 2013 9

10. oral expression listening comprehension written expression basic reading skill reading fluency skills reading comprehension mathematics calculation mathematics problem solving December 2013 10 Eight Areas

11. 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. December 2013 11 Additional IEP Team Members

12. Insufficient Progress Inadequate Classroom Achievement IMPAIRMENT? NEED FOR SPECIAL EDUCATION? December 2013 12

13. 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. December 2013 13 Exclusionary Factors

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 December 2013 14

15. Lack of Appropriate Instruction December 2013 15

16. Documentation Requirement Prior to, or as a part of, an evaluation, the student was provided appropriate instruction in general education settings December 2013 16

17. Analyzing Potential Exclusionary Factors December 2013 17

18. Cultural Differences or Limited English Proficiency December 2013 18

19. December 2013 19 Other Impairments

20. Documentation Requirement December 2013 20 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 Inadequate Classroom Achievement IMPAIRMENT? NEED FOR SPECIAL EDUCATION? Insufficient Progress December 2013 21

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. December 2013 22

23. Determining Insufficient Progress (for each SRBI) December 2013 23

24. What is an intensive, scientific, research-based or evidence-based intervention (SRBI) that meets the standard in the SLD rule? December 2013 24

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 December 2013 25

26. 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) What is Progress Monitoring? (in the SLD rule) December 2013 26

27. 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. What is “Insufficient Progress”? December 2013 27

28. 1. Progress is the same or less than same-age peers, OR 2. 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 3. 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. Decision Rules Insufficient Progress December 2013 28

29. Charting Progress Data December 2013 29

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34. December 2013 34 Documentation Requirement

35. Insufficient Progress Inadequate Classroom Achievement IMPAIRMENT? NEED FOR SPECIAL EDUCATION? Inadequate Classroom Achievement December 2013 35

36. Inadequate Classroom Achievement December 2013 36 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. 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 Exceptions December 2013 37

38. Inadequate Classroom Achievement December 2013 38

39. Documentation Requirement December 2013 39

40. REQUIRED OBSERVATIONS For all initial evaluations of public school students at least two systematic observations are required in area(s) of concern 1.During routine classroom instruction 2.During at least one SRBI PI 11.36(6)(e) December 2013 40

41. 1.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. Required Systematic Observations December 2013 41

42. 2.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. Required Systematic Observations December 2013 42

43. Documentation Requirement December 2013 43..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. 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 Eligibility Decision Sources of Data December 2013 44

45. 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 Reevaluation December 2013 45

46. Reevaluation December 2013 46

47. SPECIAL TOPICS Parentally placed private school and home based private students (insufficient progress exception) Transfer Students Young Children Speech and Language Concerns December 2013 47

48. Insufficient progress exception For more information on using significant discrepancy see resources on the SLD page and the SLD Technical Guide appendixSLD page SLD Technical Guide Parentally Placed Private School and Home-based Private Students December 2013 48

49. 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 Transfer Students December 2013 49

50. 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 Young Children December 2013 50

51. Students being considered for potential SLD often exhibit language concerns SLD and SPL impairments can co-exist An SLP must be included on the IEP team if a speech and language impairment is being considered Whether to evaluate a student for a SPL impairment and/or SLD because of oral expression or listening comprehension concerns is an IEP team decision Speech and Language Concerns December 2013 51

52. Where SLD fits within an RtI multi-level system of support –A fully implemented RtI system is not specifically required by the SLD rule –Evaluation for determining special education eligibility is not part of Wisconsin’s RtI framework RtI & SLD December 2013 52

53. What is the intersection of an RtI framework of support and the SLD rule? RtI & SLD December 2013 53

54. Wisconsin’s Multi-level System of Support For more information: Wisconsin RtI Center http://www.wiscons inrticenter.org/ December 201354

55. Goal of RtI system is to improve outcomes for ALL students SLD rule connects general education instructional support and special education eligibility Most direct link is “insufficient progress” criterion Special education referrals may not be unnecessarily delayed –Evaluation timeline may be extended upon mutual agreement December 2013 55

56. Implementing the SLD Rule Practical Implications December 2013 56

57. Resources December 2013 57

58. SLD Evaluation Requirements Checklist December 2013 58

59. Reflect all state and federal SLD eligibility documentation requirements effective December 1, 2013 Intended to be used along with ER-1, Evaluation Report Old ER-2 and old SLD checklists will remain available on DPI website until end of the 2012-2013 school year SLD Forms ER-2A, 2B, 2C December 2013 59

60. Required documentation for initial SLD eligibility decisions Required for all initial SLD evaluations of public school students Replaces Eligibility Checklist-SLD Initial Evaluation and ER-2 Additional SLD Documentation http://sped.dpi.wi.gov/files/sped/doc/form-er2a.doc Form ER-2A December 2013 60

61. Required documentation for all SLD reevaluations Replaces Eligibility Checklist- SLD Reevaluation and ER-2 Additional SLD Documentation http://sped.dpi.wi.gov/files/sped/doc/form-er2b.doc Form ER-2B December 2013 61

62. Required documentation for SLD initial evaluations using significant discrepancy Only allowed for evaluations of parentally placed private school or homeschooled students Schools may use ER-2A, if appropriate http://sped.dpi.wi.gov/files/sped/doc/form-er2c.doc Form ER-2C December 2013 62

63. DPI SLD Page http://sped.dpi.wi.gov/sped_ld http://sped.dpi.wi.gov/sped_ld SLD Eligibility Technical Guide Frequently Asked Questions about Making SLD Eligibility Decisions SLD Evaluation Requirements Checklist SLD Eligibility Forms and Instructions SLD in Plain Language SLD Data Graphing Tool and Instructions Online Resources-SLD Criteria December 2013 63

64. Online Resources-RtI WI Framework for RtI: http://rti.dpi.wi.gov/http://rti.dpi.wi.gov/ WI RTI Center: http://www.wisconsinrticenter.org/http://www.wisconsinrticenter.org/ –Implementing RtI: http://www.wisconsinrticenter.org/educators/rti-in-action.html http://www.wisconsinrticenter.org/educators/rti-in-action.html –Selecting Interventions: http://www.wisconsinrticenter.org/educators/rti-in-action/continuum- of-supports.html http://www.wisconsinrticenter.org/educators/rti-in-action/continuum- of-supports.html –SLD & RtI: http://www.wisconsinrticenter.org/educators/sld- eligibility-criteria.html http://www.wisconsinrticenter.org/educators/sld- eligibility-criteria.html National Center on Response to Intervention: http://www.rti4success.org/ http://www.rti4success.org/ December 2013 64

65. For Additional Information or Questions about this Presentation Contact: Wisconsin Department of Public Instruction Special Education Team dpisped@dpi.wi.gov 608-266-1781 dpisped@dpi.wi.gov December 2013 65