1. Verification Guidelines for Children with Disabilities
TECHNICAL ASSISTANCE DOCUMENT
NEBRASKA DEPARTMENT OF EDUCATION
SPECIAL EDUCATION OFFICE
OCTOBER 2008

2. SPECIFIC LEARNING DISABILITY

3. SLD - Introduction Three Part Eligibility Requirement
Meet verification criteria (92 NAC )
Documentation: Adverse Effect on Educational Performance
Determination: Need for Special Education Services

4. SLD – Introduction (cont’)
Validity and reliability of the “severe discrepancy process” questioned at the federal, state, and local educational levels

5. SLD – Introduction (cont’)
IDEA 2004:
The state:
Must not require the use of a “severe discrepancy” between intellectual ability and achievement
Must permit use of a process based on the child’s “response to scientific, research-based intervention (RtI)”
May permit the use of “other alternative research-based procedures”

6. SLD – Introduction (cont’)
NDE Special Education Office: School districts should adopt the following verification processes
The MDT may use:
A process that determines if the child responds to RtI as part of the evaluation procedures, OR
A process that may include an evaluation process that demonstrates a severe discrepancy between ability and achievement

7. SLD – State Definition State Definition
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 an imperfect ability to listen, think, speak, read, write, or spell, or to do mathematical calculations. The category includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

8. SLD – State Definition (cont’)
The category does not include children who have learning problems that are primarily the result of visual, hearing, or motor disabilities; of mental handicaps; or behavioral disorders; or of environmental, cultural, or economic disadvantage.

9. SLD – MDT Composition Multidisciplinary Evaluation Team Composition
Child’s parents;
Child’s regular teacher(s) or regular classroom teacher qualified to teach child that age (school age);
For child <CA 5, teacher qualified to teach a child <CA 5;
Special educator with knowledge in the area of SLD;
School administrator or designated representative;

10. SLD – MDT Composition (cont’)
Multidisciplinary Evaluation Team Composition (cont’)
At least one person qualified to conduct individual diagnostic examinations of children in their specific area of training (i.e. speech/language pathologist, or remedial teacher; and
A school psychologist or a licensed psychologist is recommended

11. SLD – Verification Guidelines
8 areas of achievement in which a child may be determined to have a specific learning disability:
Oral expression
Listening comprehension
Written expression
Basic reading skills
Reading fluency skills
Reading comprehension
Mathematics calculation
Mathematics problem solving

12. SLD – Verification Guidelines (cont’)
It may be determined that a child has a SLD if:
1. Child does not achieve adequately relative to the child’s age or to State-approved grade-level standards in one or more of the 8 areas when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade level standards

13. SLD – Verification Guidelines (cont’)
It may be determined that a child has a SLD if:
2. Child does not make sufficient progress to meet State- approved grade level standards in one or more of the 8 areas when using a process based on the child’s response to scientific, research-based intervention OR
Child exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, State- approved grade-level standards, or intellectual development relevant to the identification of a SLD, using appropriate assessments

14. SLD – Verification Guidelines (cont’)
It may be determined that a child has a SLD if:
and
3. The MDT findings are not primarily the result of
A visual, hearing, or motor disability;
Mental handicap;
Behavioral disorder;
Cultural factors;
Environmental or economic disadvantage;
Limited English proficiency

15. SLD – Verification Guidelines (cont’)
Requirements:
Ensure that underachievement is not due to lack of appropriate instruction in reading or math

16. SLD – Verification Guidelines (cont’)
Requirements (cont’):
Must promptly request parental consent to evaluate the child
If, prior to referral, child has not made adequate progress after an appropriate period of time when provided instruction, as described in NAC K5a and b; and
Whenever a child is referred for an evaluation
Must adhere to the timeframes described in A1, unless extended by mutual written agreement between the parents and team

17. SLD – Verification Guidelines (cont’)
Requirements (cont’)
Child must be observed in the child’s learning environment (including the regular classroom setting)
Information obtained from classroom observations before the child was referred, as well as observations performed by a member of the MDT after the child was referred must be used in determining whether the child has a SLD
With child of less than school age or out of school, an MDT member must observe the child in an environment appropriate for a child of that age

18. SLD – Verification Guidelines (cont’)
Requirements (cont’)
Specific documentation for the eligibility determination

19. SLD – Verification Guidelines (cont’)
Response to Intervention (RtI) Process
A framework for guiding instruction and making educational decisions
Provides high quality instruction and interventions to struggling children at increasing levels of intensity (multi-tiered approach, using scientific, research-based intervention)
Progress is monitored frequently
Uses data-based decision making to guide changes in instruction and goal setting
Important part of a comprehensive evaluation to determine child’s need for special education

20. SLD – Verification Guidelines (cont’)
Response to Intervention (RtI) Process (cont’)
Uses a problem solving format
Problem identification
Problem analysis
Goal setting
Intervention implementation
Evaluation of intervention effectiveness
Universal screening identifies children at risk for academic difficulties – An important component of a comprehensive program – supports early identification efforts

21. SLD – Verification Guidelines (cont’)
Response to Intervention (RtI) Process (cont’)
Essential Elements
Team Leadership
Parent Involvement
Universal Screening Procedures and Assessments
Scientifically or Research-Based Core Instruction and Interventions
Individual Progress Monitoring
Planned Service Delivery Decision Rules
Intervention Delivery
Fidelity of Instruction

22. SLD – Verification Guidelines (cont’)
Severe Discrepancy Model
Requires severe discrepancy between achievement and intellectual ability in one or more of the 8 areas of achievement
Process requires
Observation
Individual test of intelligence
Assessed achievement

23. SLD – Verification Guidelines (cont’)
Severe Discrepancy Model (Cont’)
Assessment considerations:
Tests have a mean of 100 and standard deviation of 15 points
Tests of intelligence and achievement must have adequate reliability (Total score reliability at or above .90)
If more than one (1.0) standard deviation (16 points or more) between major composite scores on intelligence test, then the higher score may be used as indicator of ability
Discrepancies shall be verified in terms of age-based standard scores rather than age or grade equivalents

24. SLD – Verification Guidelines (cont’)
Severe Discrepancy Model (Cont’)
Assessment considerations (cont’):
Achievement level must be at least 1.3 standard deviations (20 standard score points or more) below intellectual ability level in order to be eligible
Qualifying achievement score must fall at or below a standard score of 84 (more than one standard deviation below the mean), regardless of the discrepancy between the assessed ability level and that achievement score
Average or higher intelligence level is not a requirement

25. SLD – Verification Guidelines (cont’)
Severe Discrepancy Model (cont’)
Model may be used as part of the comprehensive eligibility evaluation until such time that the school district has made the transition to full implementation of RtI as part of the comprehensive evaluation
School districts should develop a plan for implementation of RtI for reading for kindergarten through grade 6 by August 2012.

26. SLD – Determining Adverse Effect
Factors to Consider
Child characteristics
Educational variables
Relevant family history
Assessment approaches
Review of records
Interviews
Observations
Tests

27. SLD – Determining Adverse Effect (cont’)
Rule out circumstances other than SLD that may be the primary contributor to the child’s low achievement
Behavior disorder
Mental handicap
Speech/language impairment
Vision/hearing/orthopedic impairment
Lack of previous opportunities to learn
English Language Learner (ELL)
Environmental, cultural, and economic factors
Other factors

28. SLD – Determining Adverse Effect (cont’)
Professional Judgment
Professional judgment must be used by the team as they analyze the data to determine if the child meets the verification guidelines for a child with a specific learning disability.

29. SLD – Terms, Questions, References
Definitions of Related Terms
Frequently Asked Questions
References and Resources

30. For Additional Information
Special Education Office Nebraska Department of Education Telephone: Web Address: