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The Student Is Noticed As Having Cognitive and/or Adaptive Issues In the Classroom

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The Student Is Noticed As Having Cognitive and/or Adaptive Issues In the Classroom

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Student is having learning and problem-solving issues

Student is having social or communication issues

As a result, test scores are down and homework is often incomplete

Teacher documents observations and gives specific examples in Infinite Campus

Look at students history notes and see if any other teacher has documented similar behavior

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✉Corresponding Author: Natasha Marrus,
Natashawustl.edu, 660 South Euclid Ave, Box 8504, St. Louis,
MO 63110

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Intellectual Disability and Language Disorder

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. Author manuscript; available in PMC: 2018 Jul 1.

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View past academic record

See if the student is on any current accommodations

Review the students attendance record and any student-teacher conference requests

This creates a framework for evaluation and assessment

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Communicate with the parents and request for the child to be evaluated and screened by a school professional

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Communicate with the parents and request for the child to be evaluated and screened by a school professional

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This can involve:

Current Teachers

Counselors

Speech Language Pathologist

Physical Therapist

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Parents who are aware their child is having a difficult time with reading, mathematics, written expression or other aspects of school work might suspect that the child has a learning disability (LD), also known as specific learning disabilities, and may be in need of special education services.

Learning disabilities are caused by a disorder in how information is received, processed, or communicated within the brain and affect each individual differently. A learning disability can cause an individual to have difficulty in specific areas of learning, including reading, writing, and mathematics. In addition, individuals with LD may have difficulty with gross motor or fine motor coordination or with social interaction. Learning disabilities can affect children and adults and impact school, family, workplace and community life. For more information on LD, please see the LDA Position Statement What are Learning Disabilities?

What are your legal rights to an evaluation?

As a parent, guardian or advocate, you have a legal right to request that your public school evaluate your child for special education. Federal law, the Individuals with Disabilities Education Act as amended in 2004 (IDEA), gives you that legal right. States, through local school districts, must "identify, locate, and evaluate every child who may have a disability requiring special education services." This is called "Child Find." When there is suspicion that a child has a disability, parents and educators have a responsibility and a right to request a full, individual, comprehensive, multi-disciplinary evaluation.

Parents may request an evaluation in writing, with copies to the principal and the school district's director or coordinator of special education. Parents should retain copies of all correspondence relating to their child and follow up with the school principal on the status of the request.

Some states will not consider the parent's letter as sufficient permission to evaluate. Instead, the state may require the parent to sign the appropriate school district form before considering an evaluation. The date of the parent's signature on the school district form is the date used to establish the evaluation timeframe.

Here is a sample letter requesting an evaluation:

Date

Dear (name of director or coordinator of special education):

My child (first and last name) is having a difficult time learning. I am requesting that my child be evaluated for special education services. (Child's name) is a ___ grader in Ms./Mrs./Mr. (teacher's name) classroom at ______________School.

I understand that any information collected during current interventions with (child's first name) will be completed and a meeting date will be set within the timeline as required by federal law. My signature on this letter gives my consent for my child's evaluation to begin. I look forward to hearing from you. I am available by phone (name the days and times).

Sincerely,
Parent signature
Parent name, address, phone number

What is Response to Intervention (RTI) and how is it used in determining whether a child has a specific learning disability?
Response to Intervention, often called RTI, is a general education pre-referral process to help children who are having difficulty learning and achieving at grade level. RTI is designed to give these students additional academic support before the school district determines if they should be referred for a comprehensive special education evaluation.

In addition to a comprehensive evaluation, IDEA states: "In determining whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures..." See 34CFR §300.307(a)(2). IDEA does not require the use of RTI but says that a local school district may use RTI as "part" of the process.

For more information on RTI, please see the LDA Information Sheet on RTI.

Do all states and school districts have the same policies for implementing RTI and conducting special education evaluations?

Every State has established its own policies, and many school districts within each State may also have different procedures. Many States and local school districts require a pre-referral process. While some schools and some States have required the use of RTI for students with possible learning disabilities, others are requiring RTI for students suspected of having any disability.

Is there a limit on how long a child might receive interventions under an RTI process?

There are no time lines in IDEA regarding how long children should receive these interventions. The first tier interventions may be used with the entire class (universal interventions), while more intensive interventions are targeted toward students struggling to learn. The number of weeks to complete the interventions may vary widely.

Is there a right to an evaluation if the child is receiving RTI interventions?

Yes. Regardless of where the child is in an RTI process, the IDEA regulations give parents the right to request an evaluation for special education services at any time. The law also says that information from an RTI process must be collected before the end of the timeframe set in place by the date of the parent's consent for a special education evaluation.

Is there a time frame for completion of the evaluation?

IDEA sets a timeframe of 60 days. However, each state may choose to set its own timeframe. For example, in North Carolina the time frame is 90 days from the time the school district receives the parent's written request. In Florida the timeframe is 60 working days. Check with the Division of Special Education in the state department of education or public instruction to find out the timeline.

What should a comprehensive evaluation include?

Information from an RTI process alone does not and cannot identify a child as having a learning disability. A comprehensive evaluation for a child who is suspected of having a specific learning disability may include data collected by the teacher during RTI progress monitoring process; but most importantly, a comprehensive evaluation should include information from educational and psychological assessments showing patterns of strengths and weaknesses and include input from parents, teachers and school psychologists.

When asked if a State could mandate RTI be used as the sole criterion to determine if a child had specific learning disabilities, the US Department of Education responded that SLD evaluation ...must include a variety of assessment tools and may not use any single measure of assessment as the sole criterion for determining whether a child is a child with a disability, as required under 34 CFR §300.304(b). ("Questions and Answers on Response to Intervention," January 2007)

The position of the Learning Disabilities Association of America (LDA) is that RTI should never be used to delay an evaluation for special education, deny evaluations, or place students in special education without the benefit of a comprehensive evaluation. RTI should never be used as the only assessment to determine identification and eligibility for services. RTI can never take the place of a comprehensive multi-disciplinary evaluation that delves into the specific areas of concern interfering with the child's learning.

What is the position of the U.S. Department of Education regarding a parent's right to request an evaluation for children involved in an RTI process?

On January 21, 2011, a memorandum from the Office of Special Education Programs, US Department of Education, to State Directors of Special Education stated that a Response to Intervention (RTI) process cannot be used to delay or deny an evaluation under the Individuals with Disabilities Education Act (IDEA). The directive stated: "It would be inconsistent with the evaluation procedures [of IDEA for a local school district] to reject a referral and delay provision of an initial evaluation on the basis that a child has not participated in an RTI framework."

Do parents have rights if the school district refuses to do an evaluation or, after evaluation, concludes the child is not eligible for special education services?

If the school district refuses to do an evaluation or, after evaluating the child, concludes the child is not eligible for special education services under IDEA, parents have other rights. If they are refused an evaluation or disagree with the evaluation, parents may be entitled to an independent evaluation at the school district's expense. Parents also have the option to pay for an evaluation by a professional of their choice.

As part of the dispute resolution process parents have the right to request mediation, filing of a state complaint, or filing for a due process hearing. When using these processes, a parent's case may be stronger when informal methods of conflict resolution have been attempted.

IDEA requires school systems to have procedures in place to assist parents in resolving disputes through mediation, a voluntary process. Mediation allows parents and school districts to explain their positions to an impartial mediator who facilitates the discussion and assists the parties in agreeing upon legally binding solutions to the conflict. The costs of mediation are paid for by the state education agency (SEA).

The state complaint process requires a parent to file a letter with the state education agency outlining the violation of Part B of IDEA or its implementing regulations. A copy of the complaint must be furnished to the school district at the time the complaint is file d with the SEA if the violation occurred in the school district.

IDEA provides for the right to challenge a school district's decision through a due process proceeding. A parent may request a form from the SEA to file an IDEA due process complaint. The due process proceeding has a number of steps.

First, there may be a meeting known as a resolution session, which offers the opportunity to discuss and resolve the issues. Parents and the school district may agree to waive the resolution session and use the mediation process instead.

If a resolution is reached the parties will sign a legally binding agreement. If not, the next step is to convene an impartial due process hearing.

The hearing process involves the right to be represented by an attorney for which the parent must pay, subpoena witnesses, present evidence, and cross examine witnesses. The hearing officer makes a decision.

If the parent disputes the decision of the hearing officer, the parent may proceed to court with a civil suit or to an administrative review (required in some states) and then to court.

Finally, even if the child is not eligible for special education services under IDEA, the child may be protected by other laws: Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. LDA advocates for identifying students with learning disabilities through comprehensive evaluations.

Adopted by LDA Board of Directors February 16, 2013

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Right to an Evaluation of a Child for Special Education Services

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Parents who are aware their child is having a difficult time with reading, mathematics, written expression or other aspects of school work might suspect that the child has a learning disability (LD), also known as specific learning disabilities, and may be in need of special education services.

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https://ldaamerica.org/advocacy/lda-position-papers/right-to-an-evaluation-of-a-child-for-special-education-services/

Marrus N, Hall L. Intellectual Disability and Language Disorder. Child Adolesc Psychiatr Clin N Am. 2017 Jul;26(3):539-554. doi: 10.1016/j.chc.2017.03.001. PMID: 28577608; PMCID: PMC5801738.

https://pmc.ncbi.nlm.nih.gov/articles/PMC5801738/

https://childmind.org/article/recognizing-learning-disorders-in-the-classroom/#:~:text=They%20may%20have%20trouble%20with,for%2C%20is%20also%20a%20sign.

https://iris.peabody.vanderbilt.edu/module/dll/cresource/q1/p02/

https://smsbellevue.org/english-language-learners-ell/

https://gadoe.org/learning/esol-language-program/

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Differentiating between a Language Disability and a Learning/Intellectual Disability

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Differentiating between a Language Disability and a Learning/Intellectual Disability

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What is the students reading and writing comprehension?

Compared to English, for how long has the child been speaking and exposed to their home language?

Are the difficulties present in both the child’s home language and the new language?

Are the concerns evident in multiple settings (e.g., home, childcare)?

Have developmentally appropriate strategies been delivered systematically?

Have these strategies produced any significant differences in the child’s learning and development?

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IRIS | Page 2: Distinguishing Between Disability and Language Difference

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Delays in social and communication development might occur when children are learning two or more languages. Because such delays can be red flags for further developmental problems in the areas of social-emotional development and cognition, early childhood educators must determine their cause: langu…

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Strategies are showing differences in the child’s learning and development?

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Strategies are showing differences in the child’s learning and development?

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The child not have a language disability but may need catered instruction to bring student to standardized level.

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First, a home language survey determines what is the main language spoken at the home

Students are assessed using a state adopted English proficiency screening measure, such as the WIDA screener

According to the law, a child who scores below an overall proficiency of 5.0 is considered eligible for ESOL services.

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Accommodations

Extended Time

Small Group Services

Alternative Learning Formats

Use Of Technology

Parent Involvement

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ESOL Language Program – Georgia Department of Education

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English to Speakers of Other Languages (ESOL) is the state-funded language instruction educational program for eligible English learners (ELs) in grades K-12

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Progress using ESOL planning is monitored

Adjustments are added, changed or removed as need during the school year

Student is re-evaluated using state standardized assessments

GMAS and MAPP testing can also be growth indicators

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Little to No Growth seen with ESOL planning

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Little to No Growth seen with ESOL planning

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Is the student also struggling in his/her native language?

Has student been assessed for cognitive disabilities?

Any potential abuse/environmental influences?

Maternal Disease

Head Trauma

Screening and Evaluation using a multidisciplinary team to determine if child is moderate, severe, or profound.

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Intellectual Functioning

Intellectual functioning-also called intelligence-refers to general mental capacity, such as learning, reasoning, problem solving, and so on.

One way to measure intellectual functioning is an IQ test. Generally, an IQ test score of around 70 or as high as 75 indicates a significant limitation in intellectual functioning.

Adaptive Behavior

Adaptive behavior is the collection of conceptual, social, and practical skills that are learned and performed by people in their everyday lives.

Conceptual skills-language and literacy; money, time, and number concepts; and self-direction.
Social skills-interpersonal skills, social responsibility, self-esteem, gullibility, naïveté (i.e., wariness), social problem solving, and the ability to follow rules/obey laws and to avoid being victimized.

Practical skills-activities of daily living (personal care), occupational skills, healthcare, travel/transportation, schedules/routines, safety, use of money, use of the telephone.

Standardized tests can also determine limitations in adaptive behavior.

Age of Onset

The condition originates during the developmental period, which is defined as before the age of 22. Intellectual disability is one of several conditions known collectively as developmental disabilities.

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Intellectual functioning-also called intelligence-refers to general mental capacity, such as learning, reasoning, problem solving, and so on. One way to measure intellectual functioning is an IQ test. Generally, an IQ test score of around 70 or as high as 75 indicates a significant limitation in intellectual functioning.

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Good Job!!!! Just yearly monitoring

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Create a framework

IEP Meeting

IEP Meeting Planner

Present Plan (How the child is doing now, P.L.O.P Present Level Of Performance)

Future Expectations (Where do we want growth, What are the goals)

Instruction (Accommodations)

Updated every year

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An IEP Multidisciplinary Team is a group of professionals, along with the student's parents or guardians, who work together to evaluate a student suspected of having a disability and to develop or review the student’s Individualized Education Program (IEP).

This team typically includes teachers, a school psychologist, special education staff, and other specialists as needed.

They assess the student’s strengths and needs, determine eligibility for special education, and create a plan with goals, services, and supports to help the student succeed in school.