Proper Evaluation Procedures for Students with Learning Disabilities Candice Imbimbo 5300

Definition of a learning Disability according to IDEA A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. This term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. This term does not include children who have learning problems that are primarily the result of visual, hearing, or motor disabilities; mental retardation; or environmental, cultural or economic disadvantage.

Common types of specific learning disabilities Dyslexia—which refers to difficulties in reading; Dysgraphia—which refers to difficulties in writing; and Dyscalculia—which refers to difficulties in math. Dyspraxia­- Difficulty with fine motor skills Auditory Processing Disorder- Difficulty hearing differences between sounds Visual Processing Disorder- Difficulty interpreting visual information 2

Symptoms of Dysgraphia Symptoms of Dyscalculia Symptoms of Dyslexia Symptoms of Dysgraphia Symptoms of Dyscalculia Difficulty learning letter and their sounds Illegible handwriting Difficulty in sequencing numbers Organization or Witten and spoken words Difficulty organizing thoughts on paper Difficulty in simple math facts i.e. add, subtract, multiply, divide Spelling Omitting words in a sentence Difficulty with time and how much time an activity would take Comprehending longer reading assignments Hand tires quickly due to tight grip Difficulty number estimates Learning a foreign language Difficulty with syntax structure and grammar Difficulty organizing logically 2 3 5

Child Find Law Child Find is a continuous process of public awareness activities, screening and evaluation designed to locate, identify, and refer as early as possible all young children with disabilities and their families who are in need of Early Intervention Program (Part C) or Preschool Special Education (Part B/619) services of the Individuals with Disabilities Education Act (IDEA)

Response to Intervention- This is in response to the No Child Left Behind Act 2004. If a student is not meeting the required grade level, a team may have an academic intervention for the student in question Under IDEA the student has to have quality instruction in order to qualify for having a Learning Disability

There can be many tiers in the intervention process, most schools have three. High quality instruction in general education, if a student does not respond adequately to tier 1 goes to tier 2. More intense educational based instruction does not respond adequately move to tier 3 More intense small group individualized instruction. Referral Meeting15 days Tier 1 Tier 2 Tier 3 Special Ed.

Intervention Methods for students LIPS, Ortone-Gillahan, Megawords, S’cool moves, using manipulatives for mathematics

An Example of an Eligibility Determination form https://acrobat.com/#d=aWP3-MfFPKiGhoTk74dgBw

Process of the referral. IDEA 2004 , 1414 (a)(1)(B). Request for Initial Evaluation- Consistent with subparagraph (D), either a parent, or a State educational agency, other State agency, or local educational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. Once the referral is made for the child to be evaluated the school must get parents consent to Evaluate. The school has forty-five days to conduct the evaluation from the initial time of referral; the school can receive an additional fifteen days on parents consent.

Academic Performance Intelligence Observation Hearing Screening To assess a student for an IEP, and be identified with a Specific Learning Disability, they have to qualify in the required assessments by certified evaluators. Academic Performance Intelligence Observation Hearing Screening Vision Screening

Continued……. Also along with the evaluations the school can use a discrepancy test. Most schools will use this along with IDEA approved procedure Respond to Intervention (RTI) for data to conclude a student has a Specific Learning Disability. Two requirements that a student needs to be in Special Education The student has documented disability The student will benefit from special education

Developing an IEP: The student meets the requirements for special education, the team has thirty days to develop the IEP. The IDEA law 1414 (d)(3)(A) states: In General- In developing each IEP, the IEP, subject to subparagraph (C), shall consider— The strengths of the child; The concerns of the parents for enhancing the education of their child; The results of the initial evaluations or most recent evaluation of the child; and The academic, developmental, and functional needs of the child.  

Accommodations v. Modifications IEP Accommodations IEP Modifications Extended time on test and quizzes Having an instructor read a test Books on tape Having a calculator Having graph paper Lap top used in class Note taker Provide visual quos Remember an accommodation does not affect the student’s general education curriculum. Special education support pull out The test are to the students reading level Reducing the work assignments Math is to the students level Remember a modification is a change in the curriculum to the student’s ability and grade level.

Court case: Florence county School District Four v. Shannon Carter Shannon was in the ninth grade when she was diagnosed with a learning disability, the school held an IEP meeting under the IDEA Law. The IEP the school had developed had Shannon in regular education classes, but would be pulled three periods a week for individual instruction. The school projected Shannon would have a growth of four months, in reading and math, by the end of the school year. The parents were displeased with the schools proposed IEP and went to both local and state educational officers, who agreed the school had provided an adequate IEP. The parents then went to district court who agreed with them. Shannon experience the Trident school was “appropriate” under IDEA due to the fact she made significant progress of three grade levels within the three years she attended. 6

Cleveland Heights School District v. Sommer Boss 144 F.3d 391; 1998 In kindergarten Sommer was held back, during her second year she was referred for an evaluation. The school identified Sommer as having a speech and language difficulty. In first grade Sommer received Chapter 1 to improve her reading, when she took the state test she scored in the 15th percentile. Again, in second and third grade Sommer received Chapter 1 intervention to improve her reading, also during the summer she received a private tutor. During these grades Sommer again took the state test in second and third grade, she dropped from the 8th percentile to the 5th percentile by third grade. Her parents put in a referral for Evaluation for specific learning disability. The school did not test Sommer by the end of her third grade year; she then could not receive services from the school provided during summer.

Case continued The parents researched and found a private school for children with learning disabilities. Since the school district did not test Sommer the school could not act on a waiver for tuition. The public school stated Sommer could still be tested; she was found to have a learning disability. The parents went to a hearing officer who was in favor of the parents because the school failed to Child Find, the school was ordered to reimburse for the two school years at Lawrence School. The state level hearing officer disagreed with the independent officer citing Sommer made progress with the Chapter 1 program. Although the State Hearing Officer stated the IEP was inadequate, the school did not have to reimburse the parents for the year the IEP was appropriate. 4

Court Summary In both cases the schools failed to provide adequate IEPs. Also in one case the school neglected to identify a student. One of the cases the school failed to provided appropriate goals in the IEP. When writing IEP make sure the goals are appropriate and supply the child with a learning disability progress throughout their school years. If a school fails to provide F.A.P.E. then the parents have a right to move their child to another school setting, if there is tuition the school may have to pay under the IDEA and F.A.P.E. laws.

What to learn from the court cases Always test if there is any indication if a student might have a learning disability. If the school can not provide a proper IEP, then through IDEA a parent can send their child to a school that will provide adequate learning environment. A students IEP should reflect their full potential in their goals. When a school receives a referral they must do an evaluation within 45 days of such referal.

Recourses 20 U.S.C. 1414 Evaluations and IEPs. (n.d.). Retrieved 7 22, 2011, from Wrights Law: http://www.wrightslaw.com/idea/law/section1414.pdf Association, I. D. (2006). Dyslexia basics. Retrieved 7 22, 2011, from LD Online: http://www.ldonline.org/article/Dyslexia_Basics Association, I. D. (2007). What is Dysgraphia? Retrieved 7 22, 2011, from LD Online: http://www.ldonline.org/article/12770 Cleveland Heights University Heights school district v. Sommer Boss. (n.d.). Retrieved 7 22, 2011, from Wrightslaw: http://www.wrightslaw.com/law/caselaw/6th.cleveland.boss.htm Disabilities, N. C. (2006). Dyscalculia. Retrieved 7 22, 2011, from LD Online: http://www.ldonline.org/article/13709 Florence County School IV v. Shannon Carter. (n.d.). Retrieved 7 22, 2011, from wrights law: http://www.wrightslaw.com/law/caselaw/ussupct.carter.htm Learning Disabilities. (n.d.). Retrieved 7 22, 2011, from Help Guide: http://www.helpguide.org/mental/learning_disabilities.htm All pictures are from the search engine google