Specific Learning Disability

What is Required

A student must be assessed under the IDEA in all areas of suspected disability. Specific Learning Disability or “SLD” is one of the areas of eligible disabilities under the IDEA.

SLD is 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 the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. SLD includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. SLD does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of an intellectual disability, or emotional disturbance, or of environmental, cultural, or economic disadvantage.

Evaluation of Specific Learning Disability - Dyslexia

If the evaluation process indicates that the student has dyslexia or a related disorder, the student meets the first prong of eligibility under the IDEA, and the terms dyslexia and/or dysgraphia, as appropriate, must be used in the evaluation report. The presence of dyslexia alone is not sufficient to determine if the student is a student with a disability under the IDEA. The student must also demonstrate a need for specially designed instruction as a result of the disability.

Eligibility Criteria

A student with an SLD impairment is one:

Who has been determined through a variety of assessment tools and strategies to meet the criteria for SLD;
Who does not achieve adequately for the student’s age or to meet state-approved grade-level standards, in one of more of the following areas: oral expression, written expression, listening comprehension, basic reading skills, reading fluency skills, reading comprehension, mathematics calculations or problem solving;
Whose lack of adequate achievement is indicated by performance on multiple measures such as in-class tests, grade average over time, norm- or criterion-referenced tests, statewide assessments, or a process based on the student’s response to evidence-based intervention;
Who does not make sufficient progress under the additional criteria of the RtI/MTSS model or the student meets the additional criteria under the Pattern of Strengths and Weaknesses Model;
Whose lack of adequate performance is not primarily the result of exclusionary factors referenced below; and
Whose lack of adequate achievement is not due to Determinant Factors listed below.
Significant variance among cognitive function and academic achievement is not required for an SLD eligibility determination.

Evaluation

To assess for SLD, the District or Campus Assessment Personnel will comply with the general evaluation procedures. See [EVALUATION PROCEDURES]. In addition, the group of qualified professionals that collects or reviews evaluation data in connection with the determination of the student’s disability based on an SLD will include the student’s general education teacher, or if the student does not have a general education teacher, a general education classroom teacher qualified to teach children of this age—or if the student is less than school age, an individual qualified by the Texas Education Agency to teach children of this age. The group must also include at least one person qualified to conduct individual diagnostic examinations of children (i.e., a licensed specialist in school psychology, educational diagnostician, a speech-language pathologist, or a remedial reading teacher).

Determinant Factors

To ensure the student’s underachievement is not due to lack of appropriate instruction in reading or math, as part the evaluation, the District or Campus Assessment Personnel will consider data that demonstrates the student was provided appropriate instruction in reading and/or math in the general education settings delivered by qualified personnel. The District or Campus Assessment Personnel must also consider data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of progress of the student during instruction, which was provided to the parent, as well as formal evaluation scores (IQ, achievement, cognitive functioning/processing, etc.). The data-based documentation may include, but is not limited to, response to intervention/multi-tiered systems of support (RtI/MTSS) progress monitoring results, in-class tests on grade-level curriculum, or other regularly administered assessments. Assessment is administered at reasonable intervals if administered consistent with the assessment requirements of the student’s specific instructional program.

Observation

In determining whether a student has an SLD, District or Campus Assessment Personnel must either use information from an observation in routine classroom instruction and monitoring prior to the referral or have at least one member of the Assessment team conduct an observation of the student’s academic performance in the general education classroom as part of the evaluation. For the student less than school age or out of school, District or Campus Assessment Personnel must observe the student in an environment appropriate for a student of that age.

The documentation of the determination of an SLD eligibility must contain a statement of the relevant behavior, if any, noted during the observation of the student, and the relationship of that behavior to the student's academic functioning.

Participation in the RtI/MTSS Process/RtI/MTSS Model

If the student suspected of having an SLD participated in a process that assesses the student’s response to evidence-based intervention (RtI), the documentation of the determination of eligibility must contain a statement of:

The instructional strategies used and the child-centered data collected; and
The documentation that the parent of the student was notified about the state's policies regarding the amount and nature of performance data of the student that would be collected, and the general education services that would be provided; strategies for increasing the student's rate of learning; and the parent's right to request an evaluation.

The RtI/MTSS model may be used to determine that a student meets eligibility criteria for SLD. When applying this model, a finding that the student is eligible under SLD must include a determination that the student did not make sufficient progress to meet age or state-approved grade-level standards when provided evidence-based intervention. Lack of sufficient progress is indicated by the student’s performance relative to the performance of the student’s peers on repeated, curriculum-based assessment of achievement at reasonable intervals, reflecting progress of the student during classroom instruction. While the RtI/MTSS model is an allowable method under state law, CBISD relies instead upon the Pattern of Strengths and Weaknesses model described below for identification of SLD.

Pattern of Strengths and Weaknesses Model

The pattern of strengths and weaknesses model may also be used to determine that a student meets eligibility criteria for SLD. When applying the pattern of strengths and weaknesses model to find the student is eligible for an SLD, a determination must be made that the student exhibits a pattern of strengths and weaknesses in performance, achievement, or both. A determination must also be made that the pattern is relative to age, state-approved grade-level standards, or intellectual development. Finally, a determination must be made that the pattern is relevant to the identification of an SLD using appropriate assessments. During the evaluation process, District Assessment Personnel must provide to the parent data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction.

Exclusionary Factors

District or Campus Assessment Personnel must determine that its findings are not primarily the result of a visual, hearing, or motor disability; an intellectual disability; an emotional disturbance; cultural factors; environmental or economic disadvantage; or emergent bilingual. The documentation of an SLD eligibility must also explain the effects of any of these exclusionary factors on the student’s achievement level.

Additional Documentation of SLD

The documentation of the determination of eligibility must contain a statement of:

Whether the student has an SLD;
The basis for making the determination (must include an assurance that the determination was made in accordance with proper evaluation procedures); and
The educationally relevant medical findings, if any.

Each member of the group of qualified professionals must certify in writing whether the report reflects the member’s conclusion, and if not, a separate statement presenting the member’s conclusion. See [EVALUATION PROCEDURES].

Additional Procedures

A referral for a specific learning disability evaluation may be indicated when the Campus Personnel and/or parent of the student suspects that learning issues are a result of a deficit in the basic psychological processes that manifests itself in the imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations. See [REFERRAL FOR POSSIBLE SPECIAL EDUCATION SERVICES]. Common characteristics that may suggest SLD include academic challenges (particularly in reading, writing, and mathematics), difficulty paying attention, poor motor skills, processing deficits, oral language deficits, cognitive functioning deficits, and social skills deficits.

In determining the presence of a specific learning disability, the ARD Committee should consider and use data from campus-level interventions that are part of the RtI/MTSS process. The ARD Committee should also use data from individually administered, formal intellectual and academic achievement tests to determine if a pattern of strengths and weaknesses exists. The data from these sources are combined with teacher information, parent information, grades, state assessment results, attendance, and educational history as a basis for the ARD Committee’s determination of the presence of a SLD. Should a student demonstrate reasonable progress in response to the RtI/MTSS process, the student should not be identified as SLD.

District or Campus Assessment Personnel may consider significant discrepancies between intellectual ability and achievement—but the discrepancy may not be the sole factor – in determining whether the student has a SLD. Any consideration of a discrepancy should utilize a standard regression procedure and not a sole difference procedure.

In addition to the exclusionary factors above, Campus and District Assessment Personnel must also consider the appropriateness of instruction for a student who is homeschooled. Campus and District Assessment personnel should obtain information regarding the level of instruction and/or homeschooling program to confirm that the findings are not a result of homeschooling rather than traditional instruction.

A student’s failure to pass the statewide assessment may not automatically result in a referral to determine if the student has a SLD and does not necessarily indicate that the student has a SLD. The determination of a learning disability will include a variety of information sources and measures, and the District will not base the determination on a single measure.

When evaluating a student identified as an English Language Learned being evaluated for a SLD, District and Campus Assessment Personnel should use a cross-battery approach. The Assessment Personnel should consider that using a translator or interpreter to administer an evaluation for SLD may alter the validity of the results and should therefore be used with caution.

It is important to address the unique educational needs of children with specific learning disabilities resulting from dyslexia, dyscalculia, and dysgraphia during ARD Committee meetings. If a student’s dyslexia, dyscalculia, or dysgraphia is the condition that forms the basis for the determination that a student has a SLD, the ARD Committee should consider referencing or using dyslexia, dyscalculia, or dysgraphia in the student’s IEP, particularly where the ARD Committee determines that Service Providers would need to know about the condition underlying the student’s disability. See [DYSLEXIA].

If the student does not meet the eligibility criteria for SLD, or any other eligibility criteria under the IDEA, or does not need special education or related services due to his/her disability, Campus Personnel should refer the student to the Campus or District Personnel responsible for compliance with Section 504 to determine whether the student is eligible for accommodations or services as a student with a disability under Section 504.

When reviewing an evaluation of SLD for a student transferring within the state or out of state, Campus and District Assessment Personnel should consider a variety of factors, including the prior evaluation(s), SLD criteria in the previous location, the rigor of statewide assessments, academic standards, evaluation procedures and qualifications, effectiveness of interventions, etc. when determining whether to accept the SLD evaluation or conduct its own FIE to assess in the area of SLD. Should the District determine that an FIE is appropriate, it will seek to obtain consent from the parent and follow the District’s evaluation procedures. See [EVALUATION PROCEDURES].

The District will maintain documentation requirements of compliance associated with Texas Student Data System (TSDS), Public Education Information Management System (PEIMS), and State Performance Plan (SPP). District staff will provide training, with follow up, to ensure the documentation required is in place and compliant.