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Colorado Department of Education Specific Learning Disability Guidelines

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Colorado Department of Education Specific Learning Disability Guidelines Specific Learning Disability Guidelines Colorado State Board of Education State Board of Education Mission and Vision Mission The mission of the Colorado State Board of Education is to provide all of Colorado’s children equal access to quality, thorough, uniform, well-rounded educational opportunities in a safe and civil learning environment. Vision All children in Colorado will become educated and productive citizens. Colorado State Board of Education (as of November 2018) Valentina (Val) Flores (D) Steve Durham (R) 1st Congressional District, 5th Congressional District, Denver Colorado Springs Angelika Schroeder (D) Rebecca McClellan (D) Chairwoman 6th Congressional District, 2nd Congressional District, Centennial Boulder Joyce Rankin (R) Jane Goff (D) Vice-Chair 7th Congressional District, 3rd Congressional District, Arvada Carbondal Katy Anthes, Ph.D. Commission of Education Secretary of the State Board of Education July 2019 SLD Guidelines/Colorado Department of Education | 2 Acknowledgements Original Contributors Patti Atkins Adena Miller Steve Axford Gloria Miller Barb Bieber Gerry Olvey Sheila Bisel Daphne Pereles Cindy Donahue Holly Porter Joncee Feakes Montina Romero Julie Holiday Karen Rutledge Karen Kelly Pat Schniederjan Cathy Lines Mary Smock Patty Luttrell Connie Sperberg Georgia Magnera Christine Villard Contributors and Reviewers of 2018 Updated SLD Guidelines Project Leads Veronica Fiedler Jill Marshal SLD Specialist SLD Specialist (2015-2018) Colorado Department of Education Colorado Department of Education Contributors and Reviewers Marcia Blum Tami Cassel Preschool Special Education Speech Language Pathologist Specialist Colorado Department of Education Colorado Department of Education Lee Ann Cox Jason Harlacher, Ph.D. SPED Instructional Specialist MTSS Specialist Denver Public Schools Colorado Department of Education Cassie Harrelson Candace Hawkins, Esq. Director of Professional Practice Supervisor, Dispute Resolution and Policy Colorado Education Association Colorado Department of Education July 2019 SLD Guidelines/Colorado Department of Education | 3 Contributors and Reviewers of 2018 Updated SLD Guidelines Fran Hernandez-Herbert Heather Hotchkiss General Supervision and Continuous Principal Brain Injury Specialist Improvement Colorado Department of Education Colorado Department of Education Raymond Johnson, Ph.D. David Kilpatrick, Ph.D. Mathematics Content Specialist Author, Professor of Psychology Colorado Department of Education State University of New York College at Cortland Alyssa Ohleyer Jamie Olson Accountability Specialist Senior Literacy Consultant Colorado Department of Education Colorado Department of Education Andrew Schaper, Ph.D. Ann Summers MTSS Research and Evaluation Math and Intervention Specialist Colorado Department of Education Littleton Public Schools Julian Esteban Torres Kim Watchorn, Ed.S Founding Editor MTSS Specialist The Nasiona Editing Services Colorado Department of Education Julia Wigert, Ed.S. David Woodward School Psychology Specialist Elementary Math Specialist Colorado Department of Education Boulder Valley School District These updated SLD Guidelines are a collaborative effort of many dedicated individuals. Aside from the above mentioned individuals, a number of special education directors from the Colorado Special Education Directors Leadership Team and colleagues from the Exceptional Student Services Unit at the CDE provided guidance and feedback for this updated version of the SLD Guidelines. This guidance document is regularly revised and updated as needed. If you have feedback regarding this document, please email Veronica Fiedler, SLD Specialist at [email protected]. The contents of this manual were developed under a grant from the U.S. Department of Education. However, those contents do not necessarily represent the policy of the U.S. Department of Education, and you should not assume endorsement by the Federal Government. July 2019 SLD Guidelines/Colorado Department of Education | 4 TABLE OF CONTENTS Section 1: Introduction and Laws 7 Guidelines for Identifying Students with SLD 8 Section 2: Overview of Response to Intervention 18 Colorado Multi-Tiered System of Supports (MTSS) 19 Response to Intervention (RtI) and SLD Identification 22 Section 3: Referral and Evaluation 41 Referral for Special Education Evaluation 42 Multidisciplinary Eligibility Team 48 Evaluation Planning 50 Prior Written Notice of Special Education Action 53 Prior Written Notice and Consent to Evaluate 55 Full and Individual Evaluation 55 Reevaluation and Determination of Continued Eligibility 58 Section 4: SLD Determination 60 Critera for the Determination of SLD 61 Culturally and Linguistically Diverse Students 69 Documentation Requirements 72 Section 5: Eight Areas of SLD 74 Oral Expression and Listening Comprehension 75 Written Expression 81 Basic Reading Skill 92 Reading Fluency Skills 99 Reading Comprehension 102 Mathematical Calculation and Problem Solving 107 Section 6: Special Considerations 120 Twice Exceptional 124 Section 7: Frequently Asked Questions Related to SLD Identification 132 Glossary of Terms & Key Concepts 139 General References & Resources 145 July 2019 SLD Guidelines/Colorado Department of Education | 5 Guidelines for Identifying Students with Specific Learning Disability July 2019 SLD Guidelines/Colorado Department of Education | 6 Section 1: Introduction and Laws • Introduction • Laws • Summary of “shift” from past practices to current expectations and identification process • “At-a-Glance” summary of eligibility criteria July 2019 SLD Guidelines/Colorado Department of Education | 7 Guidelines for Identifying Students with SLD Foreword This guidance document is intended to serve as a resource for educational teams, including educators, leaders, and families, as they collaboratively and intentionally plan, address, and support the unique learning needs of individuals with Specific Learning Disability (SLD). These guidelines are intended to provide an overview of relevant laws, considerations, and best practices for educating students with SLD, or who are suspected of having an SLD. They should be used in conjunction with the Exceptional Children’s Educational Act implementing regulations, the Colorado Department of Education’s Procedural Guidance Manual, as well as other Colorado DOE guidance documents. This guidance document is designed primarily to support best practices. However, some sections cover information that should be considered as mandatory considerations as they reflect state and federal policy. Ongoing effort will be extended to ensure links and documents are current. However, as the components of this document are designed to be fluid and evolving, there may be times when information or links may need to be revised or updated. Introduction Specific Learning Disability (SLD) is an identifiable category of disability in both the federal law, Individuals with Disabilities Education Act (IDEA), and Colorado law, Exceptional Children’s Education Act (ECEA). 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 do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of: visual, hearing, or motor disabilities; intellectual disability; serious emotional disability; cultural factors; environmental or economic disadvantage; or limited English proficiency § 300.8(c)(10) Defining a Specific Learning Disability has always been difficult and has relied more heavily on what it is not, rather than specifying inclusionary criteria. Definition issues have been a difficult topic since the origins of the concept of Learning Disabilities (LDs). The heart of the construct, however, has always been the notion of “unexpected underachievement.” The person with LD has always been conceptualized as a person who is unable to learn adequately under circumstances that should support positive outcomes. Thus, LDs have been traditionally identified when a person underachieves despite an absence of other conditions commonly associated with low achievement (i.e., intellectual disability, sensory disorders, July 2019 SLD Guidelines/Colorado Department of Education | 8 emotional difficulties, having a primary language other than the language of instruction, poverty, and inadequate instruction). Those who did not achieve in the absence of these exclusionary factors were presumed to have a “disorder of constitutional origin” since environmental causes could be eliminated (“The Need for Response to Instruction Models of Learning Disabilities,” Jack M. Fletcher, Ph.D., Perspectives, Winter 2006, The International Dyslexia Association.) Parent report and Information about incidents resulting in possible injury to the head/brain (motor vehicle accidents, falls, etc.) should be sought by the multidisciplinary evaluation team. If there is evidence of a brain injury, the special education eligibility category of Traumatic Brain Injury may be considered. The criteria for Traumatic Brain Injury1 is also useful for Non-Traumatic Brain Injury (lack of oxygen, brain tumor, etc.) determination under the Other Health Impaired special education category. The construct of “unexpected
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