Verification Guidelines for Children with Disabilities

1. Verification Guidelines for Children with Disabilities TECHNICAL ASSISTANCE DOCUMENT NEBRASKA DEPARTMENT OF EDUCATION SPECIAL EDUCATION OFFICE OCTOBER 2008

2. SPECIFIC LEARNING DISABILITY

3. SLD - Introduction • Three Part Eligibility Requirement • Meet verification criteria (92 NAC 51.006) • Documentation: Adverse Effect on Educational Performance • Determination: Need for Special Education Services

4. SLD – Introduction (cont’) Validity and reliability of the “severe discrepancy process” questioned at the federal, state, and local educational levels

5. SLD – Introduction (cont’) IDEA 2004: The state: Must not require the use of a “severe discrepancy” between intellectual ability and achievement Must permit use of a process based on the child’s “response to scientific, research-based intervention (RtI)” May permit the use of “other alternative research-based procedures”

6. SLD – Introduction (cont’) NDE Special Education Office: School districts should adopt the following verification processes The MDT may use: A process that determines if the child responds to RtI as part of the evaluation procedures, OR A process that may include an evaluation process that demonstrates a severe discrepancy between ability and achievement

7. SLD – State Definition • State Definition 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, or spell, or to do mathematical calculations. The category includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

8. SLD – State Definition (cont’) State Definition (cont’) The category does not include children who have learning problems that are primarily the result of visual, hearing, or motor disabilities; of mental handicaps; or behavioral disorders; or of environmental, cultural, or economic disadvantage.

9. SLD – MDT Composition • Multidisciplinary Evaluation Team Composition • Child’s parents; • Child’s regular teacher(s) or regular classroom teacher qualified to teach child that age (school age); • For child <CA 5, teacher qualified to teach a child <CA 5; • Special educator with knowledge in the area of SLD; • School administrator or designated representative;

10. SLD – MDT Composition (cont’) Multidisciplinary Evaluation Team Composition (cont’) At least one person qualified to conduct individual diagnostic examinations of children in their specific area of training (i.e. speech/language pathologist, or remedial teacher; and A school psychologist or a licensed psychologist is recommended

11. SLD – Verification Guidelines 8 areas of achievement in which a child may be determined to have a specific learning disability: Oral expression Listening comprehension Written expression Basic reading skills Reading fluency skills Reading comprehension Mathematics calculation Mathematics problem solving

12. SLD – Verification Guidelines (cont’) It may be determined that a child has a SLD if: 1. Child does not achieve adequately relative to the child’s age or to State-approved grade-level standards in one or more of the 8 areas when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade level standards

13. SLD – Verification Guidelines (cont’) It may be determined that a child has a SLD if: 2. Child does not make sufficient progress to meet State- approved grade level standards in one or more of the 8 areas when using a process based on the child’s response to scientific, research-based intervention OR Child exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, State- approved grade-level standards, or intellectual development relevant to the identification of a SLD, using appropriate assessments

14. SLD – Verification Guidelines (cont’) It may be determined that a child has a SLD if: and 3. The MDT findings are not primarily the result of A visual, hearing, or motor disability; Mental handicap; Behavioral disorder; Cultural factors; Environmental or economic disadvantage; Limited English proficiency

15. SLD – Verification Guidelines (cont’) Requirements: Ensure that underachievement is not due to lack of appropriate instruction in reading or math

16. SLD – Verification Guidelines (cont’) Requirements (cont’): Must promptly request parental consent to evaluate the child If, prior to referral, child has not made adequate progress after an appropriate period of time when provided instruction, as described in NAC 51-006.04K5a and b; and Whenever a child is referred for an evaluation Must adhere to the timeframes described in 51-009.04A1, unless extended by mutual written agreement between the parents and team

17. SLD – Verification Guidelines (cont’) Requirements (cont’) Child must be observed in the child’s learning environment (including the regular classroom setting) Information obtained from classroom observations before the child was referred, as well as observations performed by a member of the MDT after the child was referred must be used in determining whether the child has a SLD With child of less than school age or out of school, an MDT member must observe the child in an environment appropriate for a child of that age

18. SLD – Verification Guidelines (cont’) Requirements (cont’) Specific documentation for the eligibility determination

19. SLD – Verification Guidelines (cont’) Response to Intervention (RtI) Process A framework for guiding instruction and making educational decisions Provides high quality instruction and interventions to struggling children at increasing levels of intensity (multi-tiered approach, using scientific, research-based intervention) Progress is monitored frequently Uses data-based decision making to guide changes in instruction and goal setting Important part of a comprehensive evaluation to determine child’s need for special education

20. SLD – Verification Guidelines (cont’) Response to Intervention (RtI) Process (cont’) Uses a problem solving format Problem identification Problem analysis Goal setting Intervention implementation Evaluation of intervention effectiveness Universal screening identifies children at risk for academic difficulties – An important component of a comprehensive program – supports early identification efforts

21. SLD – Verification Guidelines (cont’) Response to Intervention (RtI) Process (cont’) Essential Elements Team Leadership Parent Involvement Universal Screening Procedures and Assessments Scientifically or Research-Based Core Instruction and Interventions Individual Progress Monitoring Planned Service Delivery Decision Rules Intervention Delivery Fidelity of Instruction

22. SLD – Verification Guidelines (cont’) Severe Discrepancy Model Requires severe discrepancy between achievement and intellectual ability in one or more of the 8 areas of achievement Process requires Observation Individual test of intelligence Assessed achievement

23. SLD – Verification Guidelines (cont’) Severe Discrepancy Model (Cont’) Assessment considerations: Tests have a mean of 100 and standard deviation of 15 points Tests of intelligence and achievement must have adequate reliability (Total score reliability at or above .90) If more than one (1.0) standard deviation (16 points or more) between major composite scores on intelligence test, then the higher score may be used as indicator of ability Discrepancies shall be verified in terms of age-based standard scores rather than age or grade equivalents

24. SLD – Verification Guidelines (cont’) Severe Discrepancy Model (Cont’) Assessment considerations (cont’): Achievement level must be at least 1.3 standard deviations (20 standard score points or more) below intellectual ability level in order to be eligible Qualifying achievement score must fall at or below a standard score of 84 (more than one standard deviation below the mean), regardless of the discrepancy between the assessed ability level and that achievement score Average or higher intelligence level is not a requirement

25. SLD – Verification Guidelines (cont’) Severe Discrepancy Model (cont’) Model may be used as part of the comprehensive eligibility evaluation until such time that the school district has made the transition to full implementation of RtI as part of the comprehensive evaluation School districts should develop a plan for implementation of RtI for reading for kindergarten through grade 6 by August 2012.

26. SLD – Determining Adverse Effect • Factors to Consider • Child characteristics • Educational variables • Relevant family history • Assessment approaches • Review of records • Interviews • Observations • Tests

27. SLD – Determining Adverse Effect (cont’) Rule out circumstances other than SLD that may be the primary contributor to the child’s low achievement Behavior disorder Mental handicap Speech/language impairment Vision/hearing/orthopedic impairment Lack of previous opportunities to learn English Language Learner (ELL) Environmental, cultural, and economic factors Other factors

28. SLD – Determining Adverse Effect (cont’) Professional Judgment Professional judgment must be used by the team as they analyze the data to determine if the child meets the verification guidelines for a child with a specific learning disability.

29. SLD – Terms, Questions, References • Definitions of Related Terms • Frequently Asked Questions • References and Resources

30. For Additional Information Special Education Office Nebraska Department of Education Telephone: 402-471-2471 Web Address: www.neb.state.ne.us/SPED/sped/html