s pecific l earning d isabilities & s pecial e ducation e ligibility daniel hochbaum equal...
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SPECIFIC LEARNING DISABILITIES & SPECIAL EDUCATION
ELIGIBILITY
Daniel Hochbaum
Equal Justice Works Fellow
Sponsored by McDermott Will & Emery
February 27, 2013
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Fellowship sponsor
Has sponsored 8 two-year Equal Justice Works fellowships since 2005 in cities all across the US
o Fellowship organizer
o D.C.-based national organization that helps launch the next generation of public interest lawyers
o Fellowship host organization
o Federally mandated agency that protects the rights of people with disabilities in Illinois
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THE LD PROJECT
1. Self Advocacy Assistance2. Community Outreach3. Institutional Knowledge4. Direct Representation
Focus on: Initial eligibility Students in need of intensive interventions Returning to our clients
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WHAT IS SLD?
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DEFINING LEARNING DISABILITIES
Forget about medical definitions Individuals with Disabilities Education Act
(IDEA) Term: Specific Learning Disability Law: 34 C.F.R. § 300.8(c)(10)
A disorder in one or more of the basic psychological processes involved in understanding or in using language,
spoken or written…
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…that may manifest itself in the imperfect ability to:
Listen Think Speak Read Write Spell OR do mathematical
calculations…
…including conditions such as:
perceptual disabilities
brain injury
minimal brain
dysfunction
Dyslexia
AND
developmental
aphasia…
DEFINING LEARNING DISABILITIES
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But wait!
There’s more!
DEFINING LEARNING DISABILITIES
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… LD does not include learning problems that are primarily the result of:
visual, hearing, or motor disabilitiesmental retardationemotional disturbanceor
of environmental, cultural, or economic disadvantage
DEFINING LEARNING DISABILITIES
34 C.F.R. § 300.8(c)(10)(ii)
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WHICH METHODS ARE USED TO DETERMINE WHETHER A STUDENT HAS A
SPECIFIC LEARNING DISABILITY?
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DETERMINING SLD: TWO* METHODS
The Old(er)* Way:Severe Discrepancy
A difference between ability and achievement
Schools give IQ testing and Achievement testing and look for a gap
States can determine how severe the discrepancy must be
The New Way:Response to Intervention
Three Tier Process (typically)
Increasingly intense interventions at each tier
Students are constantly screened and interventions are adjusted accordingly
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Need state laws- Each state must adopt criteria for determining whether
a child has an SLD as defined in IDEA Can’t force severe discrepancy
- State criteria may not require use of severe discrepancy model in determining whether a child has an SLD
Must allow RtI- State criteria must permit use of a process based on
the child's response to scientific, research-based intervention (RtI)
Other methods permitted- State criteria may permit use of other alternative
research-based procedures
DETERMINING SLD: 34 C.F.R. § 300.307
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EVALUATIONS
Referral and Consent See § 300.309
Timelines Schools must comply with the timelines for evaluations
in the statute Observations
§ 300.310 states that a child suspected of having SLD must be observed in the classroom as part of the evaluation School may use observation information from before
the child was referred for an evaluation OR may observe after the referral
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WHO DETERMINES SLD?
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Determination of SLD is made by…
WHO DETERMINES SLD? 34 C.F.R. § 300.308
Child’s Parents Child’s regular teacher At least one person qualified to
conduct individual diagnostic examinations of children
Such as… school psychologist speech-language pathologist remedial reading teacher
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HOW DO SCHOOLS DETERMINE WHETHER
A STUDENT HAS A SPECIFIC LEARNING DISABILITY?
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DETERMINING SLD: 34 C.F.R. § 300.309
Factors Considered Child’s achievement levels in 1 (or more) of 8
specified areas
Oral expressionListening comprehensionWritten expressionBasic reading skill
Reading fluency skillsReading comprehensionMath calculationMath problem solving
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Below age or grade level Child’s progress in 1 (or more) of these 8 areas is not
sufficient to meet age or State-approved grade level standards when RtI is being used
OR
Pattern Child exhibits a pattern of strengths and weaknesses in
performance, achievement, or both relative to: Age State-approved grade level standards, or intellectual development
that group determines is relevant to identification of SLD…
DETERMINING SLD: 34 C.F.R. § 300.309
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But wait!
There’s more!
DETERMINING SLD: 34 C.F.R. § 300.309
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o Group determines that being below age/grade level or that pattern is not primarily the result of:
Visual, hearing, or motor disability
Mental retardation Emotional disturbance Cultural factors Environmental or economic disadvantage
Limited English proficiency
DETERMINING SLD: 34 C.F.R. § 300.309
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1 of 8 Factors
Below age or grade
levelOR
Pattern
Not Primarily because of Other Causes
DETERMINING SLD: 34 C.F.R. § 300.309
SLD Eligibility!
consideration of whether the child did not receive appropriate instruction in reading or math
consideration of data-based documentation of repeated assessments of achievement (and
progress) at reasonable intervals
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o All of this information must be put into an eligibility determination document
o Each member of the team must state whether they agree with eligibility determination
DOCUMENTATION OF ELIGIBILITY