SPL and Identification of Learning Disabilities – Q and A
ISSUES: Highly Mobile StudentsISSUES: Braille
Office of Special ProgramsAugust 22, 2013
SPL and Identification of Specific Learning Disabilities
Working through FAQs
– Section II: Assessments and Progress Monitoring
– Section III: Collaborative Structures and Problem Solving Teams
– Sections III and IV: Connecting SPL to Referrals for Specific Learning Disability
SPL guidelines are
predominantly suggestions.
Suggested vs. Required
Districts determine
countyrequirements
Within the scope of existing WVBE Policy and WV State
Code……
Guidance vs. PolicyGuidance Policy
Suggested SPL GuidelinesVariables Targeted
InstructionIntensive Instruction
Time Per Session 15-30 minutes
30-60 minutes
Length of Session
Time will vary based on student needs9 weeks minimum prior to moving to
Intensive. Continues only until
specific skill, concept, behavior is in place (usually short-term)
9 weeks minimum
Number of Sessions 3-5 per week 3-5 per week
Frequency of Progress
MonitoringEvery 2-3 weeks Every 1-2 weeks
Intensive Instruction Mathematics K-5
FAQs Where does intensive
instruction take place? Who provides this
intensive instruction? How often? What type of progress
monitoring instrument will be used?
We have no assessment system in place for mathematics. What should we progress monitor?
• Also, a county adopted, comprehensive math program embeds instructional strategies and sufficient data to make informed decisions for the SPL process.
• Target individual student deficits being addressed through instruction
The Common Core State Standards
conceptual understanding
procedural skill and fluency
application Everyday Mathematics, enVisionMath, Investigations Math, Math Expressions
Examples
1 2 3 4 5 6 7 8 9 10 11 120
10
20
30
40
50
60
70
Grade 3 Student, Peers and Class Average
Student 1PeerPeerClass Average
Num
ber o
f Pro
blem
s Cor
rect
What are our options regarding assessment tools?
• There is no one assessment or type of assessment that will provide all information about each student’s skill deficits.
• Identify assessments provided within the core program and assessments that are currently being used within the school setting.
• Identify what other information is needed for a given student?
WHAT ABOUT KINDERGARTEN?• Gather extant data if
child attended preK– PreK Early Learning Scale
Data• 3 checkpoints per year• Math: basic counting,
measurement and shape identification
• Language and Literacy: oral language, phonological awareness, print awareness and writing
• Build on this data
District outcome data is available at http://wvde.state.wv.us/ready-set-go/doc/School_Readiness_Profile_For_Web.pdf
How can you utilize Standard 6.1 of the New Teacher Evaluation System to strengthen your
school’s assessment system / progress monitoring in the coming year?
Assessment Tool Resources?
District DeterminedAssessment Tool Resources • Getting It Right From the Start– PreK-3 (p. 293)
• WVDE SLD Guidance Document (p. 42)• http://
www.rti4success.org/progressMonitoringTools
IT and SATRoles & Responsibilities
ITTeachers working
together to:Identify students for
multi-level instruction Group students Select and develop
targeted instructionMonitor student
progress and effectiveness of instruction
SATReview documentation
collected during TARGETED and INTENSIVE instruction.
Make recommendations for further, broader problem- solving activities
Initiate multidisciplinary evaluations for special education
SLD Team Report Components
Connecting SPL to SLD
Standard 1:Severe and
persistent low achievement
Standard 2: Minimal or
low response to TARGETED
and INTENSIVE instruction
Standard 3: Consideration
of exclusionary factors,
including lack of appropriate
instruction
SLD Determination
Parent Requests for Evaluation The law is clear - a
parent may request an initial evaluation at any time during the SPL process
If a parent requests an evaluation, the district may choose to:1. Request permission
to evaluate, OR2. Decline the request
to evaluate and issue prior written notice (PWN) in accordance with the regulations
80 calendar days of receipt of parental consent
Are 100 sessions of targeted or intensive instruction required prior
to a special education referral?
WVBE Policy 2419 does not mandate 100 sessions of instruction prior to an
SLD referral.
Rather WVBE Policy 2419 states• Targeted Instruction should be implemented for a
minimum of one nine week period, with progress monitoring occurring every two to three weeks to adjust instruction and ensure mastery.– Three to five 15 to 30 minute sessions per week are suggested.
• Intensive Instruction should be implemented for a minimum of one nine week period, but could be longer depending on student progress toward benchmark. Progress monitoring occurs every one to two weeks, and formative assessments are used confirm the student’s response to instruction. – Three to five 30 to 60 minute sessions per week are suggested.
(WVBE Policy 2419, p. 31)
Must the sessions all occur within the same year the evaluation is requested? The IT and SAT should consider each student’s
cumulative instructional
history. Thus, the student’s targeted and/or intensive instruction from a prior year “count.”
Free and Appropriate Public Education (FAPE)
• Ultimately, all decisions regarding referrals and evaluations should be based on the student’s individual needs and instructional history.
• Schools should consider whether certain procedures or practices are precluding FAPE for individual students
Examples of Denying FAPE• Requiring that students suspected of intellectual disabilities,
visual and hearing impairments, autism, etc., participate in a targeted reading program prior to a special education referral.
• Case name: Harrison (CO) Sch. Dist. Two, 57 IDELR 295 (SEA CO 2011).Ruling: Implementation of RTI strategies didn't offset a Colorado district's failure to timely evaluate and reevaluate a student with ADHD. OCR decided that a Colorado district denied FAPE to a student with ADHD when it failed to timely evaluate him for special education eligibility or to reevaluate him before making a significant change in his placement.
Additional ExamplesFrom OCR: • Mom's consent to RTI doesn't excuse
failure to evaluateCase name: Cherokee (TX) Indep. Sch. Dist., 59 IDELR 18 (OCR 2012).Ruling: OCR determined that a Texas district violated Section 504 and Title II after it failed to promptly evaluate a seventh-grader with SLD for special education eligibility upon her mother's request. To remedy its error, the district will have to determine if the student needs compensatory services, timely provide those services, and train its staff members on their Section 504 and Title II duties to identify and evaluate students.
From State Due Process:• Failure to notify parent of right to
evaluation during intervention process violates IDEACase name: Seymour Cmty. Schs., 112 LRP 33925 (SEA IN 04/18/12).Ruling: A district violated the IDEA by failing to provide written notification to the parent regarding her right to request an evaluation for special education during the RTI process. The Indiana ED ordered the district to determine the student's eligibility and conduct in-service training on the IDEA's procedural requirements.
Issues: Highly Mobile Students
OSEP July 19, 2013 Dear Colleague Letter
Timely and expedited evaluations
• Under IDEA, all children suspected of having a disability and who need special education, including highly mobile children, must be evaluated in a timely manner.
• Evaluations completed within 80 days of parent consent• Evaluation initiated by one district must be completed in expedited
manner in next district• Prompt exchange of records between districts is required• Evaluation cannot be delayed to complete SPL/RTI process if
parent has signed consent for evaluation
Comparable Services - ESY
• When a student transfers in from another district, comparable services are provided until IEP is revised
• Services include extended school year (ESY) services described in the IEP from a student’s previous school
ISSUES: Braille
OSEP Dear Colleague LetterJune 19, 2013
For All Students with Visual Impairment
• Braille instruction must be provided unless, based on a thorough and rigorous evaluation of vision status and the student’s current and future need for Braille, the IEP determines it is not appropriate
• Describes scope of evaluation• Describes appropriate instruction in Braille and use of
Braille• OSEP supports personnel preparation and accessible
instructional materials (AIM)
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