Overview: Specific Learning Disabilities
and
Methodology
February 27, 2013
Sara Mauk – semauk@earthlink.net
Purpose of the Presentation
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To highlight the interpretation of IDEA
per OSEP rulings and case law:
Specific Learning Disability and
instructional methodologies.
Discuss critical issues regarding
methodology.
Disclaimer: this is an overview and
does not reflect every point of law.
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INTRODUCTION
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Specific Learning Disabilities and
Methodology
Specific Learning Disability
“Peer reviewed research”
Instructional methodologies
IEP requirements
Specifically designed instruction
RtI: methodology requirements?
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Specific Learning Disability
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34 CFR 300.320(a)(10)-Definition of IEP
General. Specific learning disability means 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,
including conditions such as perceptual
disabilities, brain injury, minimal brain
dysfunction, dyslexia, and developmental
aphasia.
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Peer-Reviewed Research
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34 CFR 300.320(a)(4)-Definition of IEP
A statement of the special education and related services
and supplementary aids and services, based on peerreviewed research, to the extent practicable, to be
provided to the child, or on behalf of the child, and a
statement of the program modifications or supports for
school personnel that will be provided to enable the
child—
Definition of Peer-Reviewed Research, “research that is
reviewed by qualified and independent reviewers to
ensure that the quality of the information meets the
standards of the field before the research is published.”
71 Fed. Reg. 46,664 (2006).
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Instructional Methodologies
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No definition in IDEA
Language used in IDEA: Analysis and
Comments; 71 Fed. Reg. 46,665
Instructional strategies: graphic organizers,
thematic instruction, big ideas, planning
routines, scaffolding
Instructional methods: direct teaching,
cooperative learning, brainstorming, lecture,
lecture with discussion, multimedia, role
playing, games, large/small group discussion,
worksheets/surveys, computer simulations,
independent study, guest speakers, etc.
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IEP requirements
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Language in IDEA: Analysis and Comments;
Page 46,665
Does not require an IEP to include specific
instructional methodologies
IEP team determines the special education and
related services that are needed by the child in
order for the child to receive FAPE
Can be in IEP if IEP team determines
necessary
Parents can raise use of particular methodology
during IEP meeting
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Specifically designed
instruction
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Definition: Special education means specially designed
instruction, at no cost to the parents, to meet the unique
needs of a child with a disability, including—300.39
Means adapting, as appropriate to the needs of an eligible
child under this part, the content, methodology, or delivery
of instruction—to address unique needs and to ensure
access to the general curriculum—300.39(a)(3)
Transition Services—may be special education, if provided a
specially designed instruction, or a related service—
300.43(b)
IEP Team: A representative is qualified to provide or
supervise the provision of, specially designed instruction
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RtI: Methodology
 Alternative
to IQ/discrepancy model
 Identification, progress monitoring,
instructional delivery framework
 Same Methodology: scientifically
based instruction, NCLB
 Peer-reviewed research
 Challenging RtI
 Discussion
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OSEP & Case Law
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Rulings on whether IEP is required to include
a specific methodology
 Rowley—holding that once a court
determines that the procedural
requirements of the Act have been met,
questions of methodology are for
resolution by the states. U.S. Supreme
Court, 1982 (interpreter)
 Lachman—parents cannot compel a
specific program/methodology if FAPE is
provided. 7th Circuit, 1988 (total
communication vs. cued speech)
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OSEP & Case Law
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T.H. v. Palatine, N.D. Ill, 1999 (ABA)
Articulating a particular methodology
Appropriate methodology
Best methodology
Eclectic methodology
Predetermined methodology
Disagreements over methodology
Denial of FAPE: wrong methodology
Individualized family service plans and peerreviewed research requirement
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CONCLUSION
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U.S. Department of Education
What Works Clearinghouse
Knowledgeable Expert Testimony
105 ILCS 5/14-8.02. Identification,
Evaluation and Placement of Children
(g-5) to ensure parent participation
Burden of Proof at hearing
Questions
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