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Learning Disabilities in New York State

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New York State (NYS) Commissioner’s Regulations define to mean a disorder in one or more of the basic psychological processes involved in MEETING THE NEEDS OF STUDENTS WITH understanding or in using , spoken or , , AND written, which manifests itself in an imperfect ability to listen, think, speak,

read, write, spell, or to do According to various reports 1, as many as 5-20 percent of students are mathematical calculations, affected by dyslexia, dysgraphia, and/or dyscalculia. Students with learning disabilities, which may include students with dyslexia, dysgraphia, and/or as determined in dyscalculia, demonstrate unique educational strengths and disability-related accordance with section needs. All students with disabilities, including students with specific learning 200.4(j). disabilities, must receive an appropriate that meets their unique needs. ──── When determining eligibility for programs and services and developing an individualized education program (IEP) for such students, The term includes such information about the student’s specific learning difficulties related to , conditions as perceptual , and/or is essential in determining the nature and extent disabilities, injury, of the student’s disability and educational needs. The committee on special minimal brain dysfunction, education (CSE), which includes the student’s parents and other qualified dyslexia, and individuals, should include information about the student’s dyslexia, developmental . dysgraphia, and/or dyscalculia, when applicable, in evaluation results to The term does not include describe how that condition relates to the student’s eligibility for special learning problems that are education. Although dyslexia, dysgraphia, and/or dyscalculia, alone, are not primarily the result of disability classifications under the Individuals with Disabilities Education Act visual, hearing, or motor (IDEA) or NYS Commissioner’s Regulations, there is nothing in federal or NYS law and regulations that prohibits the inclusion of the terms dyslexia, disabilities, of an dysgraphia, and dyscalculia in a student’s special education evaluation , of materials or in his/her IEP. The use of specific terms, as appropriate, along emotional disturbance, or with detailed descriptions of the student’s learning characteristics, supports of environmental, cultural the development of an IEP that enables the student to make progress on or economic disadvantage. individualized annual goals and to participate and progress in the general education curriculum. 8 NYCRR§200.1(zz)(6)

1 Horowitz, S. H., Rawe, J., & Whittaker, M. C. (2017). The State of Learning Disabilities: Understanding the 1 in 5. New York: National Center for Learning Disabilities. Retrieved on May 25, 2018 from: https://www.ncld.org/the-state-of-learning-disabilities-understanding- the-1-in-5

CONSIDERATIONS WHEN IDENTIFYING AND PROGRAMMING FOR Characteristics of:

STUDENTS WITH DYSLEXIA, DYSGRAPHIA, AND DYSCALCULIA DYSLEXIA Understanding the Terms A condition affecting The terms dyslexia, dysgraphia, and dyscalculia refer to specific learning reading skills often challenges related to reading, writing, and mathematics. However, dyslexia, characterized by difficulties dysgraphia, and dyscalculia do not imply that a student cannot read, write, or in areas including (but not develop math skills. Students with these learning challenges can develop such skills given appropriate instruction, supports and accommodations. limited to) phonological processing, decoding, fluency, and/or Multi-Tiered System of Supports Referral (MTSS) ____ • Schools must make a referral for Students with dyslexia, dysgraphia, or an evaluation for students who do DYSGRAPHIA dyscalculia may be effectively not make adequate progress after supported through targeted an appropriate period of time within A condition impacting assistance, which includes an MTSS framework (e.g., Rti). writing skills often research-based, specific reading, • Parents may request an initial characterized by difficulties writing, and/or math instruction evaluation from the school district’s in areas including (but not within an MTSS framework (e.g., CSE at any time. limited to) legibility and Response to Intervention, or RtI). automaticity Evaluations IEPs for Students with Dyslexia, ____ The CSE determines a student’s Dysgraphia, and/or Dyscalculia eligibility as a student with a disability DYSCALCULIA based on the results of an individual • Must be developed in consideration of the student’s A condition impacting math evaluation. The evaluation of a student suspected of having a individual needs skills often characterized by disability must: • Describe the concerns of the difficulties in areas parent(s) for the education of their including (but not limited to) • include assessments in all areas child related to the suspected , • Include consideration of any disability; spatial/quantity concepts assistive technology devices • include input from the student’s impacting sense, and/or services needed by the parent; and and symbol recognition/use student • be completed by a • Specify appropriate classroom multidisciplinary team or group of instructional supports/modifications persons, including at least one and testing accommodations teacher or other specialist with Specially -Designed Instruction certification or knowledge in the

area of the suspected disability. Districts must ensure that students with Questions? learning disabilities resulting from Social-Emotional Needs NYSED Office of Special dyslexia, dysgraphia, and dyscalculia Education Identify the social-emotional supports receive appropriate specially-designed (http://www.p12.nysed.gov/specialed/) needed by individual students to instruction with appropriate frequency, manage , frustration, duration, and instructional grouping 518-473-2878 , etc. related to their specific to the student’s individual Email: [email protected] disability. needs.