Speech & Language Rules Update

P K C O N TA C T S M E E T I N GL A K E M A R Y, F L

M A Y 5 , 2 0 1 0

S H A N N O N H A L L - M I L L S , P H . D . , C C C - S L PS P E E C H / L A N G U A G E P R O G R A M S P E C I A L I S T

B U R E A U O F E X C E P T I O N A L E D U C AT I O N A N D S T U D E N T S E R V I C E S

F L O R I D A D E PA R T M E N T O F E D U C AT I O N

Speech & Language Rules Update

History of Speech/Language Rule Revision in Florida

3 year process8 rule development workshops with opportunity

for public inputPurpose of revision:

reflect current knowledge in the field update practice in accordance with current best

practice better align with recently revised related SBE rules

Proposed rule organization similar to current ruleContent differs significantly

Federal Definition

IDEA defines speech or language impairment as: “…a communication disorder, such as stuttering,

impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.”

Workgroup’s Topics of Discussion

• Included in the discussion: – Federal & state regulations– Rules of eligibility from other states– Rule vs. policy vs. guidance

• Implications for implementation• Role of ongoing TA and updated resources

– Concurrent SLD and general rule revision– Clarity & flexibility of requirements in rule– Role of clinical/professional judgment

Workgroup’s Challenges

• Redefining eligibility for SI and LI without traditional limitations such as:– Cognitive referencing – Discrepancy formulas– Strict cut-off scores

• Determining significance and adverse effect of an impairment (speech or language)– Relation between significance and adverse educational impact

• Updating definitions• Outlining minimal evaluation practices• Addressing eligibility (speech and language)

Key Changes – General Education Intervention Procedures & Activities

Adherence to general education intervention procedures and activities outlined in SBE Rule 6A-6.0331, F.A.C.,

General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services.

Key Changes – Evaluation

Scores as snapshots…• “A profile of scores is

no more the reality of a person than is a portrait taken in a photo studio.”(p. 30, King, 2000)

Key Changes - Evaluation

• Office of Special Education Programs (OSEP) letter to ASHA (2007)… – “…public agency must use a variety of

assessment tools and strategies to gather relevant functional, developmental, and academic information.”

Key Changes - Evaluation

• Evaluation components will include: – Review of data indicating results of evidence‐

based interventions for identified areas of concern (whether in general or special education setting),

– Information gathered parent/guardian, teacher(s), student re: language concerns

– Observation(s) of student’s language skills in one or more settings

– One or more standardized norm‐referenced instruments designed to measure language (alternative instruments as necessary)

Key Changes – Eligibility

• Removal of cognitive referencing and discrepancy formulas from eligibility criteria because:• IQ scores reflect current abilities, not potential for

language learning (Krassowski & Plante, 1997). • The notion that cognition limits language development

so that language cannot exceed cognitive performance levels is unfounded (Kamhi, 1998; Lahey, 1996).

Key Changes - Eligibility

Eligibility for language impairment (LI) for children in grades K-12 will occur within an RtI framework (using a problem-solving model) already established in Florida policy.

Few

Some

All

Relation between LI and SLD: Explicit

acknowledgement of similarities between academic manifestation of LI and SLD

Alignment of LI and SLD rules

Allowance for pragmatic language impairment Additional observation

required

Key Changes – Eligibility for K-12

LI SLD

Key Changes - Eligibility

Requirement to document the adverse effect of the speech or language impairment on the student’s ability to perform and/or function in the typical learning environment , thereby demonstrating the need for exceptional student education.

A Note Regarding Adverse Effect

Office of Special EducationPrograms (OSEP) letter to

ASHA (2007)… • “Education performance is

not limited to academic performance.”

• Effects determined on a “case‐by‐case basis, depending on unique needs of a child, not based only on discrepancies in age or grade performance in academic subject areas.”

Key Changes – In Summary

Increased reliance on: Significance & educational impact of the

communication impairment Collaborative problem‐solving team and data-based

decision making Review of all available data from multiple sources Clinical/professional judgment

Exceptional Student Education Eligibility for Students with Language Impairments and Qualifications and Responsibilities for the Speech-Language Pathologists

Providing Language Services

PK

Approved SBE Rule 6A-6.030121

Approved SBE Rule 6A-6.030121 (LI)

9 sections:1. Definition2. Procedures prior to initial evaluation for PK3. Evaluation procedures for PK4. Eligibility criteria for PK5. General education intervention procedures &

activities for K-126. Evaluation procedures for K-127. Eligibility criteria for K-128. Documentation of determination of eligibility 9. Language services

Language Impairment - Definition

From Proposed SBER 6A-6.030121 (LI):(1) Language Impairments are defined as disorders of language that

interfere with communication, adversely affect performance and/or functioning in the student’s typical learning environment, and result in the need for exceptional student education services.

(a) A language impairment is defined as a disorder in one or more of the basic learning processes involved in understanding or in using spoken and/or written language. These include: Phonology – sound systems of language & rules governing

sound combinations Morphology – internal structure of words & construction

of word forms Syntax – order & combination of words to form sentences,

relationships among elements within a sentence Semantics – meanings of words and sentences Pragmatics – combining language components in

functional & socially appropriate communication



(b) The language impairment may manifest in significant difficulties affecting listening comprehension, oral expression, social interaction, reading, writing, or spelling. A language impairment is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or Limited English proficiency.


Procedures Prior to Initial Evaluation – LI (PK)

(2) Procedures prior to initial evaluation forprekindergarten children. Prior to initial

evaluation, The requirements of subsection 6A-6.0331(2),

F.A.C., must be met.From 6A-6.0331(2):(a) A review of existing social, psychological, and medical data

with referral for a health screening when the need is indicated; and

(b) Vision and hearing screenings shall be conducted for the purpose of ruling out sensory deficits. Additional screenings to assist in determining interventions may be conducted as appropriate.


Evaluation Requirements

(3) Evaluation procedures for children in prekindergarten. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C.,

the minimum evaluation for a prekindergarten

child shall include all of the following:(a) Information gathered from the child’s parent(s) or

guardian(s) and others as appropriate, such as teacher(s), service providers, and caregivers regarding the concerns and description of language skills. This may be completed through a variety of methods including interviews, checklists, or questionnaires;Approved SBE Rule 6A-6.030121


(b) One or more documented and dated observation(s) of the child’s language skills must be conducted by the speech-language pathologist in one or more setting(s), which must include the child’s typical learning environment or an environment or situation appropriate for a child of that chronological age; and,



(c) Administration of one or more standardized norm-referenced instruments designed to measure language skills. The instrument must be administered and interpreted by a speech-language pathologist to determine the nature and severity of the language deficits. If the speech-language pathologist is unable to administer a norm-referenced instrument, a scientific, research-based alternative instrument may be used. The evaluation report must document the evaluation procedures used, including the rationale for use of an alternative instrument, the results obtained, and the basis for recommendations.


Minimum Evaluation Components (PK-LI)

PK

Information gathered from parent/guardian, teacher, caregiver, etc., concerns & description of language skills. (e.g., interviews, checklists, questionnaires)

Observation(s) of child’s language skills in typical learning environment, or in situation appropriate for PK child

Standardized, norm-referenced instrument(s)

Evaluation Component


Eligibility Criteria

(4) Criteria for eligibility for prekindergarten children. A prekindergarten child is eligible as a student with a language impairment in need of exceptional student education if all of the following criteria are met:

(a) There is evidence, based on evaluation results, of significant deficits in language. The impairment may manifest in significant difficulties affecting one or more of the following areas:

1. Listening comprehension;2. Oral expression;3. Social interaction; or4. Emergent literacy skills (e.g., vocabulary

development, phonological awareness, narrative concepts).



(b) One or more documented and dated behavioral observation(s) reveals significant language deficits that interfere with performance and/or functioning in the typical learning environment;

(c) Results of standardized norm-referenced instrument(s) reveal a significant language deficit in one or more of the areas listed in paragraph (1)(a) of this rule, as evidenced by standard score(s) significantly below the mean. If the evaluator is unable to administer a norm-referenced instrument and an alternative scientific, research-based instrument is administered, the instrument must reveal a significant language deficit in one or more areas listed in paragraph (1)(a) of this rule. Significance of the deficit(s) must be determined and based on specifications in the manual of the instrument(s) utilized for evaluation purposes;



(d) Information gathered from the child’s parent(s) or guardian(s), teacher(s), service providers, or caregivers must support the results of the standardized instruments and observations conducted;

(e) The language impairment must have an adverse effect on the child’s ability to perform and/or function in the typical learning environment, thereby demonstrating the need for exceptional student education; and,

(f) The language impairment is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.


Eligibility Criteria (LI)

PKSignificance of impairment Info gathered and observation(s) show evidence of LI

Results of standardized, norm-referenced instrument(s) significantly below mean

Not primarily due to other factors

Eligibility Criterion


Language Impairment - PK

Evaluation results must reveal:Significant deficits in languageLI may manifest in significant difficulties in:

Listening comprehension; Oral expression; Social interaction; or, Emergent literacy (e.g., vocabulary development,

phonological awareness, narrative concepts) Observations show evidence of significant language

deficits interfering with performance and/or functioning in typical learning environment

Results of standardized NR language instrument(s) reveal a significant deficit in one or more areas listed above significantly below the mean

Language Impairment - PK

Evaluation results must reveal:Information gathered support results of

standardized instrument(s) and observation(s) conducted

LI has adverse effect on ability to perform and/or function in typical learning environment, thereby demonstrating need for exceptional student education

Not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency

Exceptional Student Education Eligibility for Students with Language Impairments and Qualifications and Responsibilities for the Speech-Language Pathologists

Providing Language Services

K-12


Approved SBE Rule 6A-6.030121 (LI)

9 sections:1. Definition2. Procedures prior to initial evaluation for PK3. Evaluation procedures for PK4. Eligibility criteria for PK5. General education intervention procedures &

activities for K-126. Evaluation procedures for K-127. Eligibility criteria for K-128. Documentation of determination of eligibility 9. Language services


From Proposed SBER 6A-6.030121 (LI):(1) Language Impairments are defined as disorders of language that

interfere with communication, adversely affect performance and/or functioning in the student’s typical learning environment, and result in the need for exceptional student education services.

(a) A language impairment is defined as a disorder in one or more of the basic learning processes involved in understanding or in using spoken and/or written language. These include: Phonology – sound systems of language & rules governing

sound combinations Morphology – internal structure of words & construction

of word forms Syntax – order & combination of words to form sentences,

relationships among elements within a sentence Semantics – meanings of words and sentences Pragmatics – combining language components in

functional & socially appropriate communication



(b) The language impairment may manifest in significant difficulties affecting listening comprehension, oral expression, social interaction, reading, writing, or spelling. A language impairment is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or Limited English proficiency.


General Education Intervention Procedures & Activities

(5) General education intervention procedures and activities for students in kindergarten through grade twelve. Prior to obtaining consent for initial evaluation, the requirements of subsection 6A-6.0331(1), F.A.C., related to general education procedures for kindergarten through grade twelve students, must be met.


RtI & ESE Rules

PS/RtI interventions

RtI Eligibility Criteria

Consideration of impact of other factors

✔

✔

✔

✔

✔

✔

✔

✔

EBD InD LI SLD

✔

✔

✔

Minimum Evaluation Components (LI)

PK K-12

Information gathered

Observation(s)

Standardized, norm-referenced instrument(s)

Other N/A Data review of interventions &

student response

Grade Level

Eval

uatio

n C

ompo

nent


Language Impairment – Eligibility for K-12

Comprehensive language evaluation results reveal:Significant deficits in language impeding student’s

progress to meet chronological age or State-approved grade-level standards, when using a process based on student’s response to scientific, research-based intervention;

LI may manifest in significant difficulties in: Oral expression; Listening comprehension; Social interaction; Written expression; Phonological processing; or, Reading comprehension.



Observations show evidence of significant language deficits interfering with performance and/or functioning in educational environment

Results of standardized NR language instrument(s) reveal a significant deficit in one or more areas listed previously; significantly below the mean



Information gathered support results of standardized instrument(s) and observation(s) conducted

Option for additional observation(s) to document pragmatic language deficit

Not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency


Eligibility Criteria (LI)PK K-12

Significance of impairment Info gathered and observation(s) show evidence of LI

Results of standardized, norm-referenced instrument(s) significantly below mean


Other N/A Option for additional observation to

document pragmatic language impairment

Grade Level

Elig

ibili

ty C

rite

rion


Language Impairment - Documentation of Eligibility for K-12

Documentation of determination of eligibility Basis for the decision Noted student behavior during observation &

relationship to academic functioning Educationally relevant medical findings Whether student has LI as evidenced by RtI data

confirming: Performance and/or functioning discrepancies Rate of progress Educational need

Determination re: effects of secondary factors Documentation based on data derived from a process

that assesses the student’s response to well-delivered scientific, research-based instruction & interventions


Language Rule – Language Services

Similar to the “Instructional Program” section of the current SBE Rule 6A-6.03012, F.A.C, Special Programs for Students Who Are Speech and Language Impaired

Includes: Involvement of SLP in eligibility determinations &

development of IEP for children (whether as eligible for SI or LI, or as student needing speech/language as a related service)

Licensure & certification references Speech-Language Associate Certification

See TAP online

Language Services

(9) Language services.(a) A group of qualified professionals determining eligibility

under requirements of this rule and subsection 6A-6.0331(6), F.A.C., must include a speech-language pathologist.

(b) A speech-language pathologist shall be involved in the development of the individual educational plan for students eligible for language services, whether as special education or as a related service for an otherwise eligible student with a disability.

(c) Language therapy services shall be provided by a certified speech-language pathologist pursuant to Rule 6A-4.0176, F.A.C., or a licensed speech-language pathologist pursuant to Section 468.1185, Florida Statutes, or a speech-language associate pursuant to Rule 6A-4.01761, F.A.C.

Approve SBE Rule 6A-6.030121

Language Services - continued

(d) Speech-language associate.1.Language therapy services provided by a speech-language associate as specified in Rule 6A-4.01761, F.A.C., must be under the direction of a certified or licensed speech-language pathologist with a master’s degree or higher in speech-language pathology. Services under this subsection can be provided for a period of three (3) years as described in Section 1012.44, Florida Statutes, in districts that qualify for the sparsity supplement as described in Section 1011.62(7), Florida Statutes.


Language Services - continued

2. Districts shall submit a plan to the Department of Education for approval before implementation of Rule 6A-4.01761, F.A.C. The components of the plan must include a description of:

a. The model, specifying the type and amount of direction including, but not limited to, direct observation, support, training, and instruction;

b. The rationale for using this model;c. The manner in which the associate will be required to

demonstrate competency;d. The process for monitoring the quality of services;e. The process for measuring student progress; and,f. The manner in which the speech-language associate will meet

the requirements of the annual district professional development plan for instructional personnel.


Exceptional Student Education Eligibility for Students with Speech Impairments and

Qualifications and Responsibilities for the Speech-Language Pathologists Providing Speech Services

(PK-12)


Proposed SBE Rule 6A-6.03012 (SI)

7 sections:1. Definitions2. General education procedures & activities 3. Speech sound evaluation procedures 4. Fluency evaluation procedures5. Voice evaluation procedures6. Eligibility criteria7. Speech services


Speech Impairment - Definitions

(1) Speech impairments are disorders of speech sounds, fluency, or voice that interfere with communication, adversely affect performance and/or functioning in the educational environment, and result in the need for exceptional student education.



(a) A speech sound disorder: is a phonological or articulation disorder

that is evidenced by the atypical production of speech sounds characterized by substitutions, distortions, additions, or omissions that interfere with intelligibility,

is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.



1. A phonological disorder is an impairment in the system of phonemes and phoneme patterns within the context of spoken language.

2. An articulation disorder is characterized by difficulty in the articulation of speech sounds that may be due to a motoric or structural problem.



(b) A fluency disorder: is characterized by deviations in continuity,

smoothness, rhythm, or effort in spoken communication,

may be accompanied by excessive tension and secondary behaviors, such as struggle and avoidance,

is not the primary result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.



(c) A voice disorder: is characterized by atypical production or

absence of vocal quality, pitch, loudness, resonance, or duration of phonation

is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.

General Education Intervention Procedures & Activities

(2) General education intervention procedures and activities. Prior to referral for evaluation, the requirements in subsection 6A-6.0331(1), F.A.C., related to general education procedures for kindergarten through grade twelve students, or subsection 6A-6.0331(2), F.A.C., related to procedures prior to initial evaluation for prekindergarten children, must be met.


Procedures for Evaluation of SSD, Fluency, or Voice

(3-5) In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the evaluation shall include all of the following components.


Minimum Evaluation ComponentsSpeech Sound

Disorders (SSD)

Fluency Voice

Information gathered

Observation(s) (>2)

Oral mechanism exam

Other >1 Standardized,

NR measure for Artic/Phon

Assess 4 areas; Speech

sample (300-500 words)

Medical report of laryngeal structure &

function

Eval

uatio

n C

ompo

nent

Disorder Type

Approved SBR Rule 6A-6.03012

Criteria for Eligibility

(6) A student is eligible as a student with a speech impairment in need of exceptional student education is the student meets the following criteria for one or more of the following disorders as determined by the procedures prescribed in this rule and subsection 6A-6.0331(6), F.A.C.


Eligibility Criteria: Speech Sound Disorder

Evaluation results must reveal: Significant intelligibility impact Phonetic or phonological inventory significantly below

chronological age or developmental level based on normative data;

Adverse effect on student’s ability to perform and/or function in typical learning environment (thereby demonstrating the need for exceptional student education); and,

Not primarily due to factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.


Eligibility Criteria: Fluency Disorder

Evaluation results must reveal: Significant & persistent dysfluent speech behaviors

e.g., repetition of phrases, whole words, syllables, or phonemes, prolongations, blocks, or circumlocutions.

secondary behaviors may be present Adverse effect on student’s ability to perform and/or function

in typical learning environment (thereby demonstrating the need for exceptional student education); and,



Eligibility Criteria: Voice Disorder

Evaluation results must reveal: Significant & persistent atypical production of quality, pitch,

loudness, resonance, or duration of phonation. e.g., inappropriate range, inflection, loudness, excessive

nasality, breathiness, hoarseness, or harshness Does not refer to vocal disorders resulting directly from

medical conditions unless adverse effect on student’s ability to perform and/or function in the educational environment, and is amenable to improvement with therapeutic intervention

Adverse effect on student’s ability to perform and/or function in typical learning environment (thereby demonstrating the need for exceptional student education); and,



Eligibility Criteria (SI)

SSD Fluency Voice

Significance of impairment

Adverse effect


Other Phonetic/phonological inventory significantly below CA or dev level based on normative

data

N/A Not direct result of medical conditions

unless adverse effect & amenable to improvement

Disorder Type

Elig

ibili

ty C

rite

rion


Speech Rule – Speech Services

Similar to the “Instructional Program” section of the current SBE Rule 6A-6.03012, F.A.C, Special Programs for Students Who Are Speech and Language Impaired

Includes: Involvement of SLP in eligibility determinations &

development of IEP for children (whether as eligible for SI or LI, or as student needing speech/language as a related service)

Licensure & certification references Speech-Language Associate Certification

See TAP online

Speech Services

(7) Speech services.(a) A group of qualified professionals determining eligibility

under requirements of this rule and subsection 6A-6.0331(6), F.A.C., must include a speech-language pathologist.

(b) A speech-language pathologist shall be involved in the development of the individual educational plan for students eligible for speech services, whether as special education or as a related service for an otherwise eligible student with a disability.

(c) Speech therapy services shall be provided by a certified speech-language pathologist pursuant to Rule 6A-4.0176, F.A.C., or a licensed speech-language pathologist pursuant to Section 468.1185, Florida Statutes, or a speech-language associate pursuant to Rule 6A-4.01761, F.A.C.


Speech Services - continued

(d) Speech-language associate.1.Speech therapy services provided by a speech-language associate as specified in Rule 6A-4.01761, F.A.C., must be under the direction of a certified or licensed speech-language pathologist with a master’s degree or higher in speech-language pathology. Services under this subsection can be provided for a period of three (3) years as described in Section 1012.44, Florida Statutes, in districts that qualify for the sparsity supplement as described in Section 1011.62(7), Florida Statutes.


Speech Services - continued

2. Districts shall submit a plan to the Department of Education for approval before implementation of Rule 6A-4.01761, F.A.C. The components of the plan must include a description of:

a. The model, specifying the type and amount of direction including, but not limited to, direct observation, support, training, and instruction;

b. The rationale for using this model;c. The manner in which the associate will be required to

demonstrate competency;d. The process for monitoring the quality of services;e. The process for measuring student progress; and,f. The manner in which the speech-language associate will meet

the requirements of the annual district professional development plan for instructional personnel.


Next Steps

Identifying future TA needsComing attractions

Developing Technical Assistance Papers (TAPs) for SI and LI

Updating the Compliance Self-Assessment for SI and LI

Updating the section in SP&P re: speech & language Developing LI section in problem-solving “tools” kit Revising statewide resource manual for SLPs

Contact Information

Speech/Language Program Specialist:Email: [email protected]: (850) 245-0478BEESS Website: http://www.fldoe.org/ese

mailto:[email protected]

http://www.fldoe.org/ese

Documents

Speech & Language Rules Update