WISCONSIN’S NEW RULE FORSPECIFIC LEARNING DISABILITIES Effective December 1, 2010

Effective Date•The new rule goes into effect December 1,

2010•There is a three-year sunset on the use of

significant discrepancy to determine insufficient progress▪After November 30, 2013, districts will no

longer be able to use significant discrepancy to determine insufficient progress

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Does the student Does the student have an have an

impairment?impairment?

Is there a need for Is there a need for special education?special education?

Wisconsin Eligibility Criteria

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PI 11.35 (2)

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Significant Changes Effective December 1, 2010 (all initial evals.)

•Upon initial identification, a student’s achievement is inadequate when the student’s score, after intensive intervention on one or more assessments of achievement, is equal to or more than 1.25 standard deviations below the mean in one or more of eight areas

PI 11.36(6)(c)(1)6/24/2011

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Significant Changes Effective December 1, 2010 (all initial evals.)

•Documentation the intensive intervention was applied in a manner highly consistent with its design, was closely aligned to student need, and was culturally appropriate

PI 11.36(f)(4)

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Significant Changes Effective December 1, 2010 (all evaluations)Additional Exclusionary Factor•The IEP Team may not identify a student if

the team’s findings of inadequate classroom achievement or insufficient progress are due to lack of appropriate instruction in the area(s) of potential specific learning disability under consideration

PI 11.36(6)(d)(1)

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SLD Evaluation Impairment CriteriaInitial SLD Evaluations

SLD Impairment Criteria•Inadequate Classroom Achievement•Insufficient Progress•Exclusionary Factors

PI 11.36(6)(c) and (d)

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SLD Impairment Criteria Areas•oral expression•listening comprehension•written expression•basic reading skill•reading fluency•reading comprehension•mathematics calculation•mathematics problem solving

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Inadequate Classroom Achievement•Upon initial identification the student does

not achieve adequately for his or her age, or meet state-approved grade-level standards in one or more of the eight areas when provided with learning experiences and instruction appropriate for the student’s age

PI 11.36 (6) (c) 1

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Inadequate Classroom Achievement•A child’s achievement is inadequate when the

student’s score, after intensive intervention, on one or more assessments of achievement is equal to or more than 1.25 standard deviations (SD) below the mean in one or more of the eight areas

•Assessments shall be individually administered, norm referenced, valid and reliable

•The IEP team may consider scores within 1 standard error of the measurement (SEM)

PI 11.36 (6) (c) 16/24/2011

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Definition: Intensive InterventionIntensive intervention means systematic use

of a technique, program or practice designed to improve learning or performance in specific areas of student need▪used with individual or small groups▪focusing on single or small numbers of discrete

skills▪with substantial numbers of instructional

minutes in addition to those provided to all studentsPI 11.02 (6t) and (6m)

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Insufficient Progress

Upon initial evaluation, the student has made insufficient progress as documented by

▪Insufficient response to intensive, scientific, research-based or evidence-based intervention

OR ▪Significant Discrepancy (may use until

November 30, 2013)

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Exclusions•The IEP Team may not identify a student if the

team’s findings of inadequate classroom achievement or insufficient progress are primarily due to: ▪Environmental, economic disadvantage, or cultural

factors▪Lack of appropriate instruction in reading, including in

the essential components of reading instruction▪Lack of instruction in math▪Limited proficiency in English▪Any of the other impairments▪Lack of appropriate instruction in the area(s) of

potential specific learning disability under considerationPI 11.36(6)(d)(1)

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ExclusionsEssential Reading ComponentsThe term "essential components of reading instruction" means explicit and systematic instruction in:

▪phonemic awareness▪phonics▪vocabulary development▪reading fluency, including oral reading skills;

and▪reading comprehension strategies

20 USC 6368(3)6/24/2011

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Reevaluation•A student who met initial SLD identification criteria

and continues to demonstrate a need for special education, including specially designed instruction, is a child with a disability, unless exclusionary factors now apply.

•If a student with SLD performs to generally accepted expectations in the general education classroom without specially designed instruction, the IEP team shall determine whether the student is no longer a child with a disability.

11.36 (6)(h)6/24/2011

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SLD Evaluation Process RequirementsInitial Evaluation and Reevaluation

Systematic Observation•The LEA shall insure the student is systematically observed in the student’s learning environment, including the general education classroom setting when possible, to document academic performance and behavior in any of the eight areas of potential specific learning disabilities

PI 11.36(6)(e)

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Systematic Observation•May be conducted before referral, or after

referral and parental consent obtained•If the student is less than school age or out

of school, in an environment appropriate for a child of that age

PI 11.36 (6)(e)(2)(a-c)

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Documentation RequirementsDocumentation of the eligibility determination contains a statement that includes:•Whether the student has a specific learning disability•The basis for making the determination, including an assurance that the determination has been made in accordance with 115.782 Stats. (State requirements for special education evaluation)

11.36 (6)(f)

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Documentation Requirements•The relevant behavior, if any, noted during

observation and the relationship of that behavior to the student’s academic functioning in the area(s) of potential learning disability

•The intensive intervention was applied in a manner highly consistent with its design, was closely aligned to student need, and was culturally appropriate (initial SLD evaluations only)

11.36 (6)(f)

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Documentation Requirements•Educationally relevant medical findings, if any•Documentation of inadequate classroom

achievement (initial SLD evaluations only)•Documentation of insufficient progress (initial

SLD evaluations only) Using insufficient response to intensive intervention or significant discrepancy (significant discrepancy allowed until Nov. 30, 2013)

11.36 (6)(f)

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Documentation Requirements•IEP team determination concerning the

effects on the student’s achievement level of ▪a visual, hearing or motor disability▪cognitive or emotional behavioral disability▪cultural factors▪environmental or economic disadvantage▪limited English proficiency

11.36 (6)(f)

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Other Process Requirements•The IEP team shall base its decision on a

comprehensive evaluation using formal and informal assessment data regarding academic achievement and learning behavior in accordance with s. 115.782, Stats.

11.36 (6)(g)

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Other Process Requirements•Each IEP team member certifies in writing

whether the evaluation report reflects the member’s conclusion

•If the report does not reflect the member’s conclusion, the group member submits a separate statement presenting the member’s conclusion

PI 11.36 (e) (3)

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Referral, Consent and Timelines•The LEA shall promptly request parental

consent for evaluation if, prior to referral, the student has not made adequate progress after an appropriate period of time when provided appropriate instruction in general education, delivered by qualified personnel or whenever the student is referred

•The LEA shall meet the 60 day timeline requirement unless extended by mutual written agreement of the parents and IEP team

PI 11.06(b)

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Transfer•Transfer provisions are consistent with

those for all students with disabilities•A student determined to be eligible for

special education and related services remains eligible upon transfer to another school or LEA until an IEP team determines otherwise.

PI 11.06(e)(4)34 CFR 300.323 (e) and (f)

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Significant Changes when Determining “Insufficient Progress” Based on Response to Intensive InterventionEffective for All LEAs after November 30, 2013

•Only for initial SLD evaluations•Criteria for insufficient progress•New roles on IEP team•Additional observation requirements•Additional documentation requirements•Parent notification

Insufficient Progress based on Response to Intensive Intervention•The student does not make sufficient progress

to meet age or state-approved grade-level standards in one or more of the eight areas when using a process based on the student’s response to intensive scientific, research-based or evidence-based interventions

•Intensive interventions may be implemented before referral or as part of an evaluation for SLD

PI 11.36 (6) (c) 2. a

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Definitions •Scientific research-based means research

that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs

•Evidence-based interventions means scientific, research-based interventions with substantial evidence of their effectiveness through multiple outcome evaluations

PI 11.02 (12), 20 U. S. C. 7801(37), PI 11.02 (4e)

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Intervention Data to Consider•The IEP team shall consider progress

monitoring data from at least two intensive, scientific, research-based or evidence-based interventions, implemented with adequate fidelity and closely aligned to individual student learning needs

PI 11.36 (6) (c) 2. a

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Definitions•Progress monitoring means a

scientifically-based practice to assess student response to interventions

•Adequate fidelity means the intervention has been applied in a manner highly consistent with its design, and provided at least 80 percent of the recommended number of weeks, sessions, and minutes per session

PI 11.02 (4e), PI 11.02 (1)

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Data from Intensive Intervention Establish Baseline and Monitor Progress•The median score of three probes required

to establish a stable baseline data point for progress monitoring

•Use weekly or more frequent progress monitoring data to evaluate rate of progress during intensive, scientific, research-based or evidence-based interventions

PI 11.36 (6) (c) 2. a

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Definitions•Probes mean brief, direct measures of specific

academic skills, with multiple equal or nearly equal forms, that are sensitive to small changes in performance, and provide reliable and valid measures of performance during intervention

•Rate of progress during intervention means the slope of the trend line using least squares regression on the baseline and all subsequent data points during each intervention

PI 11.02 (9), PI 11.02 (11)

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Data from Intensive Intervention Determining insufficient progressThe rate of progress is insufficient when it is…

▪the same or less than that of same-age peers▪greater than that of peers but will not reach

the average range in a reasonable period of time

▪greater than that of peers, but intensity of resources needed to obtain this rate of progress cannot be maintained in general education

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Using Data from Intensive Intervention Additional IEP Team Membership

•Licensed person qualified to interpret data on rate of progress

•Licensed person who has implemented the intensive interventions with the student

•Licensed person qualified to conduct individual diagnostic evaluations

•If the student does not have a general education teacher, one licensed to teach same age students▪One person can meet multiple roles

11.36(d)(3)(a-d)

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Using Data from Intensive Intervention Additional Observation Requirement

•The IEP team shall use information from a systematic observation of student behavior and performance in the area (s) of potential specific learning disability during intensive intervention for that area, conducted by an individual not responsible for implementing the interventions

PI 11.36 (6)(e)(2)(d)

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Using Data from Intensive Intervention Additional Observation Requirement

If the student has participated in an RtI process , documentation the parents were notified about

▪The progress monitoring data collected▪Strategies for increasing the student’s rate

of learning including the intensive interventions used

▪The parents’ right to request an evaluation

11.36 (6)(f)6/24/2011

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Making the Switch to Using Data from Intensive Intervention•All LEAs must use data from intensive

intervention to determine insufficient progress as of Nov. 30, 2013

•Until Nov. 30, 2013, schools may use either data from intervention or significant discrepancy to determine insufficient progress, but not both

•The transition to using data from intensive intervention must be made at the school level for all students, and applies to all eight areas of achievement

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Making the Switch to Using Data from Intensive Intervention•When an LEA begins to use data from response

to intensive, scientific, research-based or evidence-based intervention for any SLD evaluation in a school, the LEA must use this criterion for all SLD evaluations in the school.

•At least ten days before beginning to implement this criterion, the LEA shall notify the parents of all students enrolled in that school

PI 11.36 (6)(c)(2)(a)

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Resources and Contact Information•Guidance on applying SLD eligibility

criteria http://www.dpi.wi.gov/sped/ld.html

•Guidance on RtI and SLD http://www.wisconsinrticenter.org/administrators/sld-rti.html

•DPI Contact ▪Special Education Team

dpisped@dpi.wi.gov or (608) 266-1781

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