SPL and Identification of Learning
Disabilities – Q and A
ISSUES: Highly Mobile Students
ISSUES: Braille
Office of Special Programs
August 22, 2013
SPL and Identification of Specific
Learning Disabilities
Working through FAQs
– Section II: Assessments
and Progress Monitoring
– Section III: Collaborative
Structures and Problem
Solving Teams
– Sections III and IV:
Connecting SPL to
Referrals for Specific
Learning Disability
Suggested vs. Required
SPL guidelines
are
predominantly
suggestions.
Within the scope of existing
WVBE Policy and WV State
Code……
Districts
determine
county
requirements
Guidance vs. Policy
Guidance
Policy
Suggested SPL Guidelines
Variables
Time Per Session
Length of Session
Number of
Sessions
Frequency of
Progress
Monitoring
Targeted
Instruction
15-30
minutes
Intensive
Instruction
30-60
minutes
Time will vary based
on student needs
9 weeks minimum
prior to moving to
Intensive.
9 weeks minimum
Continues only until
specific skill, concept,
behavior is in place
(usually short-term)
3-5 per week
3-5 per week
Every 2-3 weeks
Every 1-2 weeks
Intensive Instruction
Mathematics K-5
FAQs
 Where does intensive
instruction take place?
 Who provides this
intensive instruction?
 How often?
 What type of progress
monitoring instrument
will be used?
We have no assessment system in place for
mathematics. What should we progress monitor?
The Common Core
State Standards
conceptual
understanding
procedural
skill and
fluency
application
• Also, a county adopted,
comprehensive math
program embeds
instructional strategies
and sufficient data to
make informed decisions
for the SPL process.
Everyday Mathematics, enVisionMath,
Investigations Math, Math Expressions
• Target individual student
deficits being addressed
through instruction
Examples
Grade 3 Student, Peers and Class Average
70
60
Number of Problems Correct
50
Student 1
40
Peer
Peer
30
Class Average
20
10
0
1
2
3
4
5
6
7
8
9
10
11
12
•
What are our options regarding
assessment
tools?
There is no one assessment
or type of assessment that
will provide all information
about each student’s skill
deficits.
• Identify assessments
provided within the core
program and assessments
that are currently being
used within the school
setting.
• Identify what other
information is needed for a
given student?
• Gather extant data if child
attended preK
– PreK Early Learning Scale
Data
• 3 checkpoints per year
• Math: basic counting,
measurement and shape
identification
• Language and Literacy: oral
language, phonological
awareness, print
awareness and writing
• Build on this data
District outcome data is available at
http://wvde.state.wv.us/ready-setgo/doc/School_Readiness_Profile_For_Web
.pdf
How can you utilize Standard 6.1 of the
New Teacher Evaluation System to
strengthen your school’s assessment
system / progress monitoring in the
coming year?
Assessment Tool Resources?
District Determined
Assessment Tool Resources
• Getting It Right From the Start
– PreK-3 (p. 293)
• WVDE SLD Guidance Document (p. 42)
• http://www.rti4success.org/progressMonitori
ngTools
IT and SAT
Roles & Responsibilities
IT
 Teachers working
together to:
 Identify students for
multi-level instruction
 Group students
 Select and develop
targeted instruction
 Monitor student progress
and effectiveness of
instruction
SAT
 Review documentation
collected during
TARGETED and
INTENSIVE instruction.
 Make recommendations
for further, broader
problem- solving
activities
 Initiate multidisciplinary
evaluations for special
education
SLD Team Report Components
Connecting SPL to SLD
Standard 1:
Severe and
persistent low
achievement
Standard 2:
Minimal or low
response to
TARGETED and
INTENSIVE
instruction
Standard 3:
Consideration of
exclusionary
factors, including
lack of appropriate
instruction
SLD
Determination
Parent Requests for Evaluation
 The law is clear - a
parent may request an
initial evaluation at any
time during the SPL
process
 If a parent requests an
evaluation, the district
may choose to:
1. Request permission
to evaluate, OR
2. Decline the request
to evaluate and
issue prior written
notice (PWN) in
accordance with
the regulations
Are 100 sessions of targeted or
intensive instruction required prior to
a special education referral?
WVBE Policy 2419 does not mandate 100
sessions of instruction prior to an
SLD referral.
Rather WVBE Policy 2419 states
• Targeted Instruction should be implemented for a
minimum of one nine week period, with progress
monitoring occurring every two to three weeks to
adjust instruction and ensure mastery.
– Three to five 15 to 30 minute sessions per week are suggested.
• Intensive Instruction should be implemented for a
minimum of one nine week period, but could be longer
depending on student progress toward benchmark.
Progress monitoring occurs every one to two weeks, and
formative assessments are used confirm the student’s
response to instruction.
– Three to five 30 to 60 minute sessions per week are suggested.
(WVBE Policy 2419, p. 31)
Must the sessions all occur within the same
year the evaluation is requested?
The IT and SAT
should consider
each student’s
cumulative
instructional
history.
Thus, the student’s targeted and/or intensive
instruction from a prior year “count.”
Free and Appropriate
Public Education (FAPE)
• Ultimately, all decisions
regarding referrals and
evaluations should be
based on the student’s
individual needs and
instructional history.
• Schools should consider
whether certain
procedures or practices
are precluding FAPE for
individual students
Examples of Denying FAPE
• Requiring that students suspected of intellectual
disabilities, visual and hearing impairments, autism,
etc., participate in a targeted reading program prior to
a special education referral.
• Case name: Harrison (CO) Sch. Dist. Two, 57 IDELR
295 (SEA CO 2011).
Ruling: Implementation of RTI strategies didn't offset
a Colorado district's failure to timely evaluate and
reevaluate a student with ADHD. OCR decided that a
Colorado district denied FAPE to a student with ADHD
when it failed to timely evaluate him for special
education eligibility or to reevaluate him before
making a significant change in his placement.
Additional Examples
From OCR:
• Mom's consent to RTI doesn't excuse
failure to evaluate
Case name: Cherokee (TX) Indep. Sch.
Dist., 59 IDELR 18 (OCR 2012).
Ruling: OCR determined that a Texas
district violated Section 504 and Title
II after it failed to promptly evaluate
a seventh-grader with SLD for special
education eligibility upon her
mother's request. To remedy its error,
the district will have to determine if
the student needs compensatory
services, timely provide those
services, and train its staff members
on their Section 504 and Title II
duties to identify and evaluate
students.
From State Due Process:
• Failure to notify parent of right to
evaluation during intervention
process violates IDEA
Case name: Seymour Cmty. Schs., 112
LRP 33925 (SEA IN 04/18/12).
Ruling: A district violated the IDEA by
failing to provide written notification
to the parent regarding her right to
request an evaluation for special
education during the RTI process. The
Indiana ED ordered the district to
determine the student's eligibility
and conduct in-service training on
the IDEA's procedural requirements.
Issues: Highly Mobile Students
OSEP July 19, 2013
Dear Colleague Letter
Timely and expedited evaluations
• Under IDEA, all children suspected of having a disability and
who need special education, including highly mobile
children, must be evaluated in a timely manner.
• Evaluations completed within 80 days of parent consent
• Evaluation initiated by one district must be completed in
expedited manner in next district
• Prompt exchange of records between districts is required
• Evaluation cannot be delayed to complete SPL/RTI process
if parent has signed consent for evaluation
Comparable Services - ESY
• When a student transfers in from another
district, comparable services are provided
until IEP is revised
• Services include extended school year (ESY)
services described in the IEP from a student’s
previous school
ISSUES: Braille
OSEP Dear Colleague Letter
June 19, 2013
For All Students with Visual
Impairment
• Braille instruction must be provided unless, based on a
thorough and rigorous evaluation of vision status and
the student’s current and future need for Braille, the
IEP determines it is not appropriate
• Describes scope of evaluation
• Describes appropriate instruction in Braille and use of
Braille
• OSEP supports personnel preparation and accessible
instructional materials (AIM)
OSP Contacts
• Lanai Jennings
ljennings@access.k12.wv.us
• Sandra McQuain
smcquain@access.k12.wv.us