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1111/16/0611/16/06
Matthew J. Giugno
Barbara Miller
New York State Education Dept.
VESID
(518) 486-7462
2211/16/0611/16/06
Presentation ContentPresentation Content
IDEA RequirementsIDEA Requirements
Part 200 Regulations (NYS)Part 200 Regulations (NYS)
Part 300 CFRPart 300 CFR
Reason for ChangesReason for Changes
New York State DirectionNew York State Direction
IDEA RequirementsIDEA Requirements
Procedures to determine LD through RTI (orProcedures to determine LD through RTI (orsimilar approach)similar approach)
EvaluationEvaluation
Data-based progressData-based progress
Student observationStudent observation
Written ReportWritten Report
Group determination of disabilityGroup determination of disability
Information SourcesInformation Sources
Federal Statute (PL 108-446)Federal Statute (PL 108-446)Federal Regulations (300 CFR)Federal Regulations (300 CFR)State Laws and RegulationsState Laws and RegulationsMaterials from Materials from ““National Research Center onNational Research Center onLearning DisabilitiesLearning Disabilities”” (NRCLD) (NRCLD)Materials from NERRCMaterials from NERRCLRP LRP –– ““Special EducatorSpecial Educator””NASDSE publication on LD/RTINASDSE publication on LD/RTIOther StatesOther States
LD DefinitionLD DefinitionSection 200.1(zz)(6)Section 200.1(zz)(6)
Learning disability Learning disability means a disorder in one ormeans a disorder in one ormore of the basic psychological processesmore of the basic psychological processesinvolved in understanding or in using language,involved in understanding or in using language,spoken or written, which manifests itself in anspoken or written, which manifests itself in animperfect ability to listen, think, speak, read,imperfect ability to listen, think, speak, read,write, spell, or to do mathematical calculationswrite, spell, or to do mathematical calculations……
Section 200.4 (c ) (6)Section 200.4 (c ) (6)
Learning disabilities. In determining whether aLearning disabilities. In determining whether astudent has a learning disability as defined instudent has a learning disability as defined insection 200.1(zz)(6) of this Part, the schoolsection 200.1(zz)(6) of this Part, the schooldistrict:district: (i)(i) may use a process that determines ifmay use a process that determines if
the student responds to scientific,the student responds to scientific,research-based intervention as part of theresearch-based intervention as part of theevaluation procedures pursuant toevaluation procedures pursuant toparagraph (b) of this section; andparagraph (b) of this section; and
(ii)(ii) is not required to consider whether a studentis not required to consider whether a studenthas a severe discrepancy between achievementhas a severe discrepancy between achievementand intellectual ability in oral expression,and intellectual ability in oral expression,listening comprehension, written expression,listening comprehension, written expression,basic reading skill, reading comprehension,basic reading skill, reading comprehension,mathematical calculation or mathematicalmathematical calculation or mathematicalreasoning.reasoning.
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Changes to Part 300Changes to Part 300CFRCFR
The following are the finalThe following are the finalamendments to the federalamendments to the federal
regulationsregulations
300.307300.307Specific Learning DisabilitiesSpecific Learning Disabilities
States:States: Must not require use of Must not require use of ““severe discrepancysevere discrepancy””
Must permit use of Must permit use of ““processprocess”” based on child based on child’’ssresponse to scientific, research-basedresponse to scientific, research-basedinterventionintervention
May permit the use of other alternativeMay permit the use of other alternativeresearched-based proceduresresearched-based procedures
300.308 Additional Group300.308 Additional GroupMembersMembers
Parents and team of qualified professionals:Parents and team of qualified professionals: Regular Education Teacher (or teacher at appropriateRegular Education Teacher (or teacher at appropriate
grade level)grade level) At least 1 person qualified to conduct individualAt least 1 person qualified to conduct individual
diagnostic examinations of children (Schooldiagnostic examinations of children (SchoolPsychologist, SLP, Remedial Reading Teacher)Psychologist, SLP, Remedial Reading Teacher)
300.309 Determining existence300.309 Determining existenceof a SLDof a SLD
The child does not achieve adequately for their ageThe child does not achieve adequately for their ageor meet State-approved grade-level standards in oneor meet State-approved grade-level standards in oneor more of the following when provided with learningor more of the following when provided with learningexperiences and appropriate instruction :experiences and appropriate instruction : Oral expressionOral expression Listening comprehensionListening comprehension Written expressionWritten expression Basic reading skillBasic reading skill Reading fluency skillsReading fluency skills Reading comprehensionReading comprehension Mathematics calculationMathematics calculation Mathematics problem solvingMathematics problem solving
300.309300.309
Child does not make sufficient progress to meetChild does not make sufficient progress to meetage or State-approved grade-level standardsage or State-approved grade-level standardswhen using a process based on childwhen using a process based on child’’s responses responseto SBRI, to SBRI, ororChild exhibits a pattern of strengths andChild exhibits a pattern of strengths andweaknesses in performance, achievement orweaknesses in performance, achievement orboth relative to age, State-approved grade-levelboth relative to age, State-approved grade-levelstandards, or intellectual developmentstandards, or intellectual developmentdetermined by the group to be relevant to the thedetermined by the group to be relevant to the theidentification of a SLD, using appropriateidentification of a SLD, using appropriateassessments.assessments.
300.309300.309
Findings not primarily due to:Findings not primarily due to: Visual, hearing or motor disabilityVisual, hearing or motor disability
Mental retardationMental retardation
Emotional disturbanceEmotional disturbance
Cultural factorsCultural factors
Environmental or economic disadvantageEnvironmental or economic disadvantage
Limited English ProficiencyLimited English Proficiency
300.309300.309
To ensure that underachievement is not dueTo ensure that underachievement is not dueto lack of appropriate instruction in reading orto lack of appropriate instruction in reading ormath, group:math, group: Must consider as part of the evaluation process,Must consider as part of the evaluation process,
data that demonstrates:data that demonstrates:Prior to or as part of the referral processPrior to or as part of the referral process
Child was provided appropriate instruction in regularChild was provided appropriate instruction in regulareducation settings delivered by qualified personneleducation settings delivered by qualified personnel
Documentation of repeated assessments of achievementDocumentation of repeated assessments of achievementat reasonable intervals reflecting formal assessment ofat reasonable intervals reflecting formal assessment ofstudent progress during instruction, which was providedstudent progress during instruction, which was providedto parentsto parents
300.309300.309
If child does not make adequate progressIf child does not make adequate progressafter appropriate period of time when providedafter appropriate period of time when providedinstruction:instruction:
Must promptly request parental consent toMust promptly request parental consent toevaluate the child to determine if special educationevaluate the child to determine if special educationand related services are neededand related services are needed
Must adhere to the timeframesMust adhere to the timeframes Unless extended by mutual written agreementUnless extended by mutual written agreement
Whenever a child is referred for an evaluationWhenever a child is referred for an evaluation
300.310 Observation300.310 Observation
Must observe in childMust observe in child’’s learnings learningenvironmentenvironment To document academic performance andTo document academic performance and
behavior in the areas of difficultybehavior in the areas of difficulty
SLD determination group must decide:SLD determination group must decide: Use information from a routine classroomUse information from a routine classroom
observation before referral was made; ORobservation before referral was made; OR Conduct an observation in the regularConduct an observation in the regular
classroom after the referral and with parentalclassroom after the referral and with parentalconsent to evaluateconsent to evaluate
300.311 Written Report300.311 Written Report
Evaluation report and documentation ofEvaluation report and documentation ofthe determination of eligibility mustthe determination of eligibility mustinclude:include: Whether child has a specific learningWhether child has a specific learning
disabilitydisability Basis for making the determinationBasis for making the determination Relevant behavior, if any, noted duringRelevant behavior, if any, noted during
observation and the relationship toobservation and the relationship toacademic performanceacademic performance
300.311 Written Report300.311 Written Report
Educationally relevant medical findings, if anyEducationally relevant medical findings, if any
Whether:Whether:child does not achieve adequately for age or tochild does not achieve adequately for age or tomeet state-approved standards, andmeet state-approved standards, and
Child does not make sufficient progress, Child does not make sufficient progress, oror
Child exhibits a pattern of strengths andChild exhibits a pattern of strengths andweaknesses in performance, achievement or bothweaknesses in performance, achievement or bothrelative to age, state-approved grade-levelrelative to age, state-approved grade-levelstandards or intellectual development.standards or intellectual development.
300.311300.311
Determination of exclusion factorsDetermination of exclusion factors
If RTI process was used:If RTI process was used:Instructional strategies used and dataInstructional strategies used and datacollectedcollected
Documentation that parents were notified:Documentation that parents were notified: State policies regarding data collected andState policies regarding data collected and
general ed. services providedgeneral ed. services provided
Strategies for increasing childStrategies for increasing child’’s rate of learnings rate of learning
ParentParent’’s right to request an evaluations right to request an evaluation
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Why Change?Why Change?
Critique of current systemCritique of current system
The The ““processprocess”” described described
Advantages to the Advantages to the ““processprocess””
ResearchResearch
Implications for Teacher PreparationImplications for Teacher Preparation
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Criticisms of Current SystemCriticisms of Current System
IQ tests do not necessarily measureIQ tests do not necessarily measureintelligenceintelligence
IQ and academic achievement are notIQ and academic achievement are notindependent independent –– different scores are different scores areunreliableunreliable
Children must Children must ““failfail”” first, get services later first, get services later
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Why RTI ?Why RTI ?
RTI can be used as a component of LDRTI can be used as a component of LDdeterminationdeterminationProvides appropriate learning for allProvides appropriate learning for allstudentsstudentsUses school-wide progress monitoringUses school-wide progress monitoringPromotes early identification of potentialPromotes early identification of potentialproblemsproblemsUses multiple measures of performance,Uses multiple measures of performance,not measurement at a single point in timenot measurement at a single point in time
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Stakeholders and ExpertsStakeholders and Experts
Participants:Participants: School PsychologistsSchool Psychologists
Reading/Literacy expertsReading/Literacy experts
Math expertsMath experts
School administratorsSchool administrators
Teacher OrganizationsTeacher Organizations
Institutions of Higher EducationInstitutions of Higher Education
School Board AssociationSchool Board Association
Staff Development professionalsStaff Development professionals
NYS LDA (including parents)NYS LDA (including parents)
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Summary of Recommendations fromSummary of Recommendations fromthe Stakeholders and Experts Groupsthe Stakeholders and Experts Groups
Coordinated effort between EMSC andCoordinated effort between EMSC andVESID (general & special ed. Offices)VESID (general & special ed. Offices)
Define LD eligibility criteriaDefine LD eligibility criteria
Define an RTI Process (or similar process)Define an RTI Process (or similar process) Essential ComponentsEssential Components
LengthLength
DurationDuration
What constitutes successful implementationWhat constitutes successful implementation
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SummarySummary
Describe what schools must do and beDescribe what schools must do and beaccountable foraccountable for Who monitors?Who monitors?
Fidelity of implementationFidelity of implementation
Type of Professional DevelopmentType of Professional Development Highly Qualified Personnel (or QualifiedHighly Qualified Personnel (or Qualified
Personnel)Personnel)
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SummarySummary
Evaluation ProcessEvaluation Process What constitutes What constitutes ““Universal Screening?Universal Screening?””
What constitutes sufficiently rigorousWhat constitutes sufficiently rigorousresearch?research? (SBRI, SRBI, EBE, etc.)(SBRI, SRBI, EBE, etc.)
How RtI data fit into a comprehensiveHow RtI data fit into a comprehensiveevaluation?evaluation?
Parent Role in the processParent Role in the process
Roles of other professionalsRoles of other professionals
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SummarySummary
Special IssuesSpecial Issues Highly transient studentsHighly transient students
ELL studentsELL students
Gifted studentsGifted students
Middle or secondary studentsMiddle or secondary students
MathMath
Challenging BehaviorsChallenging Behaviors
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SummarySummary
Effective Professional DevelopmentEffective Professional Development Instructional LeadershipInstructional Leadership
Effective Instructional StrategiesEffective Instructional Strategies
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LinksLinks
www.nrcld.orgwww.nrcld.org
www.nasdse.orgwww.nasdse.org
www.aimsweb.comwww.aimsweb.com
http://dibels.uoregon.edu/http://dibels.uoregon.edu/
