Wisconsin’s Specific Learning Disabilities Law

1. Wisconsin’s Specific Learning Disabilities Law Teacher In-Service August, 2013

2. The best thing about the future is that it comes only one day at a time. Abraham Lincoln

3. REFERENCES • Wisconsin Department of Instruction. (2013) Workshop for School Teams. Brown, Scott DPI Education Consultant and Laffin, Kathy Independent Education Consultant.

4. Revised WI SLD Rule • Three Criteria: • Inadequate classroom achievement (after intervention) • Insufficient Progress • Consideration of exclusionary factors • Sources of Data • Observation • Formal and informal assessment data • Documentation Requirements

5. How Did We Get Here?December 1, 2010 • Documentation of intensive intervention before assessing Classroom Achievement. • Inadequate Classroom Achievement defined as 1.25 standard deviations or more below the mean for same age peers. • Additional Exclusionary Factor: Lack of appropriate instruction in the area(s) under consideration (Not just reading and mathematics) • Information processing is no longer required.

6. 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,

7. Definition of SLD • 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.

8. Documentation Requirement • IEP Form ER-2: Additional Documentation Required when child is evaluated for Specific Learning Disabilities • ER-2: The student received intensive intervention, which was applied in a manner highly consistent with its design, closely aligned to pupil need, and culturally appropriate. • THIS INFORMATION MUST BE DOCUMENTED IN ORDER TO CONTINUE WITH A SLD EVALUATION

9. CAUTION:Review IEP team should clearly identify each area of potential SLD that will be evaluated Inadequate Classroom Achievement Insufficient Progress Exclusionary Factors Observations Data Collection/Analysis Observations Testing Interventions

10. Eight Areas • Written Expression • Basic Reading Skill • Reading Fluency • Reading Comprehension • Mathematics Calculation • Mathematics Problem Solving • Oral Expression • Listening Comprehension

11. Sunset of Significant DiscrepancyDecember 1, 2013

12. School Wide Notification • Once a school begins to use response to intensive intervention method, it must be used for ALL SLD eligibility decisions for students enrolled at the school. • School-based not district-based decision. • Parents of ALL enrolled students must be notified at least 10 days before implementation.

13. ExclusionaryFactors Impairment Need for Special Education Inadequate Classroom Achievement Insufficient Progress

14. Inadequate Classroom Achievement • 1.25 standard deviations below the mean on standardized assessments in one or more of the 8 areas AFTER INTENSIVE INTERVENTIONS

15. 2 “Types” of Intensive Interventions • Type 1: • 1 required prior to academic testing for inadequate classroom achievement • Required of all SLD evaluations • Type 2: • 2 required for EACH area of potential SLD concern. • More rigorous than those required in #1. • If implemented PRIOR to academic testing, may count for #1 also. • Required for enrolled public school students after school begins using new criteria.

16. Standards for ALL (Type 1&2) Intensive Interventions • Used with individual or small groups • Focused on single or small number of discrete skills • Include substantial number of instructional minutes beyond what is provided to all students • Applied in a manner highly consistent with its design, closely aligned to student need. • Culturally responsive.

17. Definitions • Adequate Fidelity – 80% of the recommended number of weeks, sessions and minutes per/session. • Substantial Number of Minutes – not clearly specified by the state however, should be consistent with the recommended minutes prescribed by the intervention. • “Two” Interventions – they can include the same intervention done more frequently, for larger periods of time in a smaller group.

18. Insufficient Progress • Insufficient response to intensive, scientific researched-based or evidence-based interventions. • Progress monitoring data from at least 2 intensive interventions in EACH area of potential SLD is required. • Baseline data and at least weekly progress monitoring is required. • Rate of progress is compared to same-age peers.

19. When is Progress Insufficient? • 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

20. Progress Monitoring • What is progress monitoring? • 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. Pl 11.02 (9)

21. Applying Exclusionary Factors • The IEP team may not identify a student with SLD If inadequate classroom achievement or insufficient Progress is primarily due to a Exclusionary Factor. EXCLUSIONARY FACTORS

22. 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. Pl11.36(6)(d)1.

23. Environmental or Economic Disadvantage Mobility Attendance Family Change Recent Trauma

24. Cultural Differences orLimited English Proficiency Native Language and Culture Proficiency in First and Second Language Consistency with Cultural Expectations and School Expectations

25. Lack of Appropriate Instruction Is there evidence that the student received appropriate instruction in the area of concern? Core instruction provided regularly? Core instruction delivered according to design and methodology by qualified personnel? Differentiated instruction in the core curriculum was provided?

26. Additional 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 • One team member who can serve multiple roles Pl 11.36(6)(d)3.

27. Observation Required • As part of the evaluation: • “Systematic observation of routine classroom instruction and monitoring of the students performance in each area of concern” • “Systematic observation during intensive interventions in the area(s) of concern” (not the person responsible for implementing the intervention)

28. Notice of Receipt of Referral (IE-1) • Review of IE-1 Form

29. Kaukauna’s Process • Step One: Student is struggling in the core curriculum…. Provide differentiated instruction in the core (Tier 1) • Step Two: Student continues to struggle based on data, provide intensive intervention (consider requesting SST) based on recommendation of data team. (Tier 2) • Step Three: Modify or intensify interventions or change to a different intervention, based on recommendations of data team or SST. (Tier 2) • Step Four: Student continues to struggle after multiple interventions with appropriate data, consider SLD referral. (Tier 3)