Specific Learning Disability in
Arkansas
Loretta S. Wallace, Ed.S., SPS, LPE
Consultant for School Psychology Services
Dawson Education Service Cooperative
Arkansas Department of Education, Special Education
Unit
IDEA Regulations for SLD
• Add procedures for
identification
• Add criteria for
determining SLD
• Requires additional
group members
• Describes required
observation
• Specifies documentation
A Close Look at §300.307

State must adopt criteria* for determining
whether a child has an SLD as defined in
IDEA

Public agencies must use State criteria in
determining whether a child has an SLD
Produced by NICHCY, 2007
* Consistent with §300.309 of Part B
A Close Look at §300.307
State criteria may not
require use of severe
discrepancy between
intellectual ability and
achievement for
determining whether a
child has an SLD
State criteria must permit use
of a process based on the
child's response to scientific,
research-based intervention
State criteria may
permit use of other
alternative researchbased procedures.
Produced by NICHCY, 2007
Group Determining SLD
Determination of SLD is made by child’s parents and a
team of qualified professionals, which must include:

Child’s regular teacher
If child does not have a regular teacher:
A regular classroom teacher qualified to
teach a child of his or her age
If child is less than school age:
An individual qualified by SEA to
teach a child of his or her age
Produced by NICHCY, 2007
Group Determining SLD

At least one person
qualified to conduct
individual diagnostic
examinations of children…
Such as…
school psychologist
speech-language
pathologist
remedial reading teacher
Produced by NICHCY, 2007
Criteria for Determination
The child does not achieve adequately for the
child’s age or to meet State-approved gradelevel standards in one or more of the
following areas, when provided with learning
experiences and instruction appropriate for
the child’s age or State-approved grade–level
standards:
Determining SLD
Oral expression
Listening
comprehension
Written expression
Basic reading skill
Reading
fluency
skills
Reading
comprehension
Math calculation
Math problem solving
and…
Produced by NICHCY, 2007
Determining SLD
Child’s progress in 1 (or more) of these 8 areas is not
sufficient to meet age or State-approved grade level
standards when his or her response to scientific, researchbased intervention is part of determination process


Child exhibits a pattern of strengths and weaknesses in
performance, achievement, or both:
age
Relative to:
State-approved grade level standards, or
intellectual development
Produced by NICHCY, 2007
…that group determines is relevant
and…
to identification of SLD
Determining SLD

Group determines that its findings are not primarily
the result of:
Visual,
hearing, or motor
disability
Mental
retardation
Emotional
disturbance
Cultural factors
Environmental or
economic
disadvantage
Limited
English proficiency
Produced by NICHCY, 2007
Determining SLD
Purpose:
To ensure child’s underachievement is
not due to lack of appropriate
instruction in reading or math
Group must consider data in
2 areas:
Data showing that child was provided appropriate
instruction in regular education settings, delivered by
qualified personnel, before (or as part of) referral
process
and…
Produced by NICHCY, 2007
Determining SLD
Data-based documentation
that child’s achievement
was repeatedly assessed at
reasonable intervals
This documentation:
 Reflects formal assessment of
student progress during instruction
 Was provided to the child's
parents
Produced by NICHCY, 2007
Determining SLD
Public agency must promptly request parent
consent for evaluation:

Whenever child is referred for evaluation

If, before referral for evaluation, child has
not made adequate progress…

after appropriate period of time

when provided appropriate
instruction by qualified personnel
Produced by NICHCY, 2007
Observation in SLD Determination
Public agency must ensure:

Child is observed
in his or her learning
environment
(including the regular
classroom setting)

to document child's academic
performance and behavior
in the areas of difficulty
Produced by NICHCY, 2007
Observation in SLD Determination
Group must decide whether to:


Use information from observation done before child was
referred for an evaluation

routine classroom instruction

monitoring of child's performance
Have at least one group member conduct observation after
child has been referred for
evaluation and parental
 child’s academic
consent
performance in regular
classroom
Observation in SLD Determination
Observation of child less than
school age or out of school:

Group member must
observe child in
environment appropriate for
a child of that age
Produced by NICHCY, 2007
Documenting the Determination of Eligibility
For a child suspected of having SLD,
documentation of determination of eligibility
must contain a statement of 7 elements:
1. Whether child has a specific learning disability
2. Basis for making the determination*
and…
*
…including assurance that qualified professionals
and child’s parent determined child was a “child
with a disability” and his or her educational needs
Produced by NICHCY, 2007
Documenting the Determination of Eligibility
3. Relevant behavior (if any) noted during
observation of child and relationship of
that behavior to child's academic
functioning
4. Educationally relevant
medical findings (if any)
and…
Produced by NICHCY, 2007
Documenting the Determination of Eligibility
5. Whether child does not
achieve adequately:
 for the child's age, or
 to meet Stateapproved grade-level
standards*
Produced by NICHCY, 2007
and…
* Consistent with §300.309(a)(1)
Documenting the Determination of Eligibility
5. Continued…
Child does not make sufficient progress to meet age or
State grade-level standards **
Child exhibits pattern of strengths and weaknesses in
performance, achievement, or both, relative to age, State
grade-level standards or intellectual development ***
**
***
Consistent with §300.309(a)(2)(i)
Consistent with §300 .309(a)(2)(ii)
and…
Documenting the Determination of Eligibility
6. What the group has determined concerning effects on the
child's achievement level of—
Visual, hearing, or motor
Mental retardation
disability
Emotional disturbance
Cultural factors
Environmental or economic
Limited English
Produced by NICHCY, 2007
disadvantage
proficiency
and…
Documenting the Determination of Eligibility
7. If child has participated in a process assessing his
or her response to scientific, research-based
intervention—
instructional strategies
used and studentcentered data
collected; and
documentation that
child's parents were
notified
about 3 things, as
follows…
Produced by NICHCY, 2007
Documenting the Determination of Eligibility
…that child's parents were notified about—

State's policies regarding amount and nature
of student performance data that would be
collected and general education services that
would be provided

Strategies for increasing the child's rate of
learning

Parents' right to request an evaluation
Produced by NICHCY, 2007
Documenting the Determination of Eligibility
Each member of group must certify in
writing whether report reflects the
member's conclusion
If report does not:
Member must submit a separate statement
presenting his or her conclusions
Produced by NICHCY, 2007
What has not changed for us?
•
•
•
•
•
Definition of SLD
Possible Referral Characteristics
Screening Information
Optional Evaluation Data
Required Evaluation Data
– Except changes made to observation
Where can we find the changes in
Arkansas Rules and Regulations?
• Re: observation, in IV Required Evaluation
Data section
• In VI Evaluation Data Analysis
– Includes allowable methods, criteria, and
documentation
What are the allowable methods for
SLD determination in Arkansas?
• Public agencies may use severe discrepancy
but it is not required
• Public agencies may use a process based on
the child’s response to scientific, researchbased intervention
• Public agencies may use other alternative
research-based procedures
Options in Revised Regulations N
States
Our regs require the use of
6
response to scientific,
research-based intervention
and do not allow use of severe
discrepancy in establishing
eligibility for SLD
Colorado, Delaware, Georgia, Indiana, Iowa, West
Virginia
Our regs allow the use of
either response to scientific,
research-based intervention or
severe discrepancy in
establishing eligibility for SLD
(i.e., LEA chooses which
approach to use for all such
determination)
26
Alaska, California, Idaho, Kentucky, Maine,
Minnesota, Mississippi, Missouri, Montana, Nevada,
New Jersey, New Mexico, New York, North Carolina,
North Dakota, Oklahoma, Pennsylvania, Rhode
Island, South Dakota, Tennessee, Texas, Utah,
Virginia, Vermont, Washington, Wyoming
Our regs allow response to
scientific, research-based
intervention, severe
discrepancy or any other
research-based alternative to
be used in establishing
eligibility for SLD
10
Alabama, Arkansas, Florida, Kansas, Michigan,
Nebraska, New Hampshire, Ohio, Oregon, South
Carolina
References and Resources
• Ahearn, E.M., (2008). State eligibility requirements for
specific learning disabilities. National Association of State
Directors of Special Education, inForum brief policy
analysis: http://www.nasdse.org/
• Arkansas Department of Education, Special Education Unit
Procedural Requirements and Program Standards;
Eligibility Criteria and Program Guidelines for Children
with Disabilities, 2008. www.arksped.k12.ar.us
• Individuals with Disabilities Education Improvement Act of
2004, Pub. L. No. 108-446, § 118 Stat. 2647 (2004).
References and Resources
• Lichtenstein, R. & Klotz, M.B. (2007). Deciphering the
federal regulations on identifying children with specific
learning disabilities. NASP Communique, 36(3).
• National Association of School Psychologists. (2007).
Identification of students with specific learning disabilities
(Position Statement). Bethesda, MD: Author.
• National Joint Committee on Learning Disabilities. (2010).
Comprehensive assessment and evaluation of students
with learning disabilities. Available from
www.ldonline.org/njcld
References and Resources
• National Joint Committee on Learning Disabilities. (2011).
Learning disabilities: implications for policy regarding research
and practice. Available from www.ldonline.org/njcld
• National Dissemination Center for Children with Disabilities,
www.nichcy.org
• U.S. Department of Education, Office of Special Education and
Rehabilitative Services, Office of Special Education Programs:
http://www2.ed.gov/about/offices/list/osers/osep/index.html
Contact
Loretta S. Wallace, Ed.S., LPE, SPS
Consultant for School Psychology Services
Dawson Education Service Cooperative
Arkansas Department of Education, Special
Education Unit
501-835-3330
Loretta.wallace@arkansas.gov