State Regulations for Identifying Students with Disabilities

Effective Date:

• New state regulations for identifying students with disabilities went into effective December 1, 2010.

• The only elements of the rule that are optional relate to use of RtI data to identify impairment, all other sections of the rule apply on the effective date.

Definition of a Learning Disability:

• Unexpected underachievement

Criteria for identifying a child with a Learning Disability:

• The IEP team may identify a child as having a specific learning disability if both of the following apply:

  • Inadequate Achievement and Insufficient Progress (which is insufficient RtI or Discrepancy until 2013)

    • Inadequate classroom achievement

    • Upon initial identification the child does not achieve adequately for his or her age, or meet state-approved grade-level standards in one or more of the following eight areas of potential specific learning disabilities when provided with learning experiences and instruction appropriate for the child's age.

  • A child's achievement is inadequate when the child'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 the eight areas of potential specific learning disabilities.

             Insufficient Progress

• • The child does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the eight areas of potential specific learning disabilities under subd. 1. when using a process based on the child's response to intensive scientific, research-based or evidence-based interventions.

  • 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

Exclusions:

The IEP Team may not identify a child if:

• The team's findings are primarily due to environmental or economic disadvantage, or cultural factors

• •s. 115.782 (3) (a), Stats., "That assessments and other evaluation materials used to assess a child under this section are selected and administered so as not to be racially or culturally discriminatory and are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so."

• Any of the other impairments

• The IEP team cannot document appropriate instruction in the area of potential specific learning disability

Parent Notification:

• The LEA shall promptly request parental consent to evaluate a child to determine if the child needs special education and related services if, prior to referral, the child has not made adequate progress after an appropriate period of time when provided appropriate instruction in general education settings, delivered by qualified personnel, or whenever the child is referred for an evaluation.

• If the child has participated in a process that assesses the child's response to scientific, research-based or evidence-based intervention, the school must document that the child's parents were notified about all of the following:

  • The progress monitoring data collected.

  • Strategies for increasing the child's rate of learning including the intensive interventions used.

  • The parent's right to request an evaluation.

Multiple Measures:

In addition to all other determinations, the IEP team shall base its decision of whether a child has a specific learning disability on a comprehensive evaluation using formal and informal assessment data regarding academic achievement and learning behavior from sources such as standardized tests, error analysis, criterion referenced measures, curriculum−based assessments, pupil work samples, interviews, systematic observations, analysis of the child's response to previous interventions, and analysis of classroom expectations, and curriculum in accordance with s. 115.782, Stats.

 IEP Team Membership:

In addition to typical IEPs, SLD IEPs must include:

• A “data analyst”

• An “interventionist”

• A “diagnostician”

• The child's teacher or one who could…

• One person can meet multiple roles

• First two roles are WI-specific, others federal

Re-evaluations

• Upon re-evaluation, a child who met initial identification criteria and continues to demonstrate a need for special education under s. PI. 11.35 (2), including specially designed instruction, is a child with a disability under this section, unless the provisions under par. (d) 1. now apply.

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

Reports and Transfers

• Each IEP team member shall certify in writing…or submit a separate conclusion.

• A child determined to be eligible for special education and related services under this chapter remains eligible for special education and related services upon transfer to another school or LEA. The child continues to be eligible for special education and related services unless, upon re-evaluation, the child is no longer found eligible.