Wisconsin’s Specific Learning Disabilities Rule: Workshop for School Teams

1. Wisconsin’s Specific Learning Disabilities Rule: Workshop for School Teams Scott Brown DPI Education Consultant Special Education Team

2. 10/29/2013 Note The following slide presentation was developed to address the requirements of the rule during the transition period between December 1, 2010 and December 1, 2013. Some of the information may not be relevant once a school has transitioned to implementing the Insufficient Progress criterion (required of all LEAs effective December 1, 2013).

3. Overview of the SLD Rule

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. 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. How Did We Get Here?

7. December 1, 2010

8. December 1, 2010 • Documentation of intensive intervention before assessing Classroom Achievement. • Inadequate Classroom Achievement defined as 1.25 SD 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.

9. Documentation Requirement F. The student received intensive intervention, which was applied in a manner highly consistent with its design, closely aligned to pupil need, and culturally appropriate.

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

11. Caution: Review of Existing Data

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

13. Sunset of Significant Discrepancy December 1, 2013

14. 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 • 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.

15. 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. • Sample notification link on DPI SLD web page.

16. Exclusionary Factors Insufficient Progress Inadequate Classroom Achievement

17. Exclusionary Factors

18. Exclusionary Factors Insufficient Progress Inadequate Classroom Achievement

19. 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. PI11.36(6)(d)1.

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

21. Lack of Appropriate Instruction

22. Documentation Requirement A. Information demonstrating that the student was provided appropriate instruction in regular education.

23. Environmental or Economic Disadvantage

24. Cultural Differences or Limited English Proficiency

25. Other Impairments

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

27. Inadequate Classroom Achievement

28. Exclusionary Factors Insufficient Progress Inadequate Classroom Achievement

29. Individually Administered Achievement Test • 1.25 SD cut score on reliable/valid test. • 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)(6)1.

30. Documentation Requirement

31. Documentation Requirement

32. Insufficient Progress

33. Exclusionary Factors Insufficient Progress Inadequate Classroom Achievement

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

35. 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.

36. 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. PI 11.02(6m) PI 11.36(6)(f)4

37. Additional Standards for Interventions with Progress Monitoring • Must meet standards for all intensive interventions • “Type 2” ADDITIONAL features: • Scientific research-based or evidence-based. • Closely aligned to individual learning needs (area of concern) • Implemented with adequate fidelity • Consistent with design • At least 80% of the recommended number of weeks, sessions, minutes • At least TWO interventions required for EACH area of concern PI 11.02(1), PI 11.36(6)(c)2.a.

38. 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. PI 11.02 (9)

39. Charting Progress Data

41. 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

42. Decision rule: The rate of progress is the same or less than that of his/her same-age peers.

44. Decision rules: The rate of progress is greater than his/her same-age peers but will not result in reaching the average range of achievement in a reasonable period of time. ORProgress is greater than same age peers but the intensity of the resources necessary to obtain this rate of progress cannot be maintained in general education.

46. Determining Insufficient Progress

47. Documentation Requirement

48. Documentation Requirement

49. Systematic Observation • 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. • Intensive Intervention (initial public school students, when using PM) • At least one during intensive intervention for EACH area of SLD concern. • 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.b. PI 11.36(6)(e)2.d.

50. Documentation Requirement D. Relevant behavior noted during observation of the student in his or her learning environment (including the regular classroom) and the relationship of that behavior to the student’s academic functioning (if using observational data of the student’s academic performance and behavior done prior to the referral for the evaluation, see ER-1).