SPECIFIC LEARNING DISABILITIES & SPECIAL EDUCATION

ELIGIBILITY

Daniel HochbaumEqual Justice Works FellowSponsored by McDermott Will & Emery

February 27, 2013

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

THE LD PROJECT1. Self Advocacy Assistance2. Community Outreach3. Institutional Knowledge4. Direct Representation

Focus on: Initial eligibility Students in need of intensive interventions Returning to our clients

WHAT IS SLD?

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…

…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

But wait!

There’s more!

DEFINING LEARNING DISABILITIES

… 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)

WHICH METHODS ARE USED TO DETERMINE WHETHER A STUDENT HAS A

SPECIFIC LEARNING DISABILITY?

DETERMINING SLD: TWO* METHODSThe 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

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

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

WHO DETERMINES SLD?

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

HOW DO SCHOOLS DETERMINE WHETHER

A STUDENT HAS A SPECIFIC LEARNING DISABILITY?

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

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

But wait!

There’s more!

DETERMINING SLD: 34 C.F.R. § 300.309

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

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

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