Current through Register Vol. 50, No. 3, March 20, 2024
A. Definition. 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 to 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, of intellectual disability, of emotional disturbance, or of
environmental, cultural, or economic disadvantage.
B. Criteria for Eligibility. Evidence of
criteria listed in Paragraphs 1, 2, 3, and 4 must be met:
1. the learning problems are not primarily
the result of:
a. visual, hearing, or motor
disability;
b. intellectual
disability;
c. emotional
disturbance;
d. cultural
factors;
e. environmental or
economic disadvantage;
f. limited
English proficiency;
2.
there shall be a comprehensive and documented review of evidence-based
intervention(s) conducted with fidelity and for the length of time necessary to
obtain sufficient data to determine their effectiveness. Interventions shall be
appropriate to the student's age and academic skill deficits and shall address
the area(s) of concern presented by the SBLC. The RTI process shall provide
sufficient data to determine if the student is making adequate progress in the
general educational curriculum. The individual intervention(s) summary must
include graphing of the results of the intervention(s), information regarding
the length of time for which each intervention was conducted, and any changes
or adjustments made to an intervention. If adequate progress is not evident or
the interventions require such sustained and substantial effort to close the
achievement gap with typical peers, further assessment using standardized
achievement measures shall be conducted to determine if the child/youth
exhibits a specific learning disability consistent with the definition. The
intervention data shall demonstrate that the child/youth does not achieve
adequately for his/her age or to meet state approved grade level standards in
one or more of the following areas:
a. oral
expression;
b. listening
comprehension;
c. written
expression;
d. basic reading
skills;
e. reading fluency
skills;
f. reading
comprehension;
g. mathematics
calculation; or
h. mathematics
problem solving;
3. to
ensure that underachievement in a student suspected of having a specific
learning disability is not due to lack of appropriate instruction in reading or
math, the evaluation team must document the review of data that demonstrate
that prior to, or as part of, the referral process:
a. the student was provided appropriate
instruction in math within the general education classroom, delivered by
qualified personnel; and/or
b. the
student was provided explicit and systematic instruction in reading which
includes the essential components of reading instruction: phonics, phonemic
awareness, fluency, comprehension, and vocabulary within the general education
classroom; and
c. the general
education instruction was delivered by qualified personnel; and
d. data-based documentation of repeated
assessments of achievement at reasonable intervals, reflecting formal
assessment of student progress during instruction, was provided to the
student's parents:
4. to
support the findings in Paragraphs 1 through 3 above, evidence of a pattern of
strengths and low achievement must be documented as follows:
a. area of low achievement addressed by the
interventions shall be demonstrated by performance greater than one and
one-half standard deviations below the mean in grades 1 and 2, or greater than
two standard deviations below the mean in grades 3 through 12 using
chronological age norms in one or more of the areas listed in Subparagraphs
2.a-h above; and
b. area of
strength as demonstrated by performance no more than one-half standard
deviation below the mean in grades 1 and 2 or no more than one standard
deviation below the mean in grades 3 through 12 using chronological age norms
in one or more of the areas listed in Subparagraphs 2.a-h above.
c. When the combination of the scientifically
research-based intervention outcomes and standardized testing does not result
in clearly established strengths and weaknesses, but a preponderance of all
data collected supports the team's position that the student is a student with
a specific learning disability, a full explanation and justification must be
included in the evaluation report.
C. Procedures for Evaluation. Conduct all
procedures described under §513, Evaluation Components.
D. Additional procedures for evaluation:
1. the student's general education teacher
must serve on the team to document the student's academic performance and
behavior in the areas of difficulty and to provide documentation for any
previous interventions. If the student does not have a general education
teacher, a general education classroom teacher qualified to teach a student of
his or her age must serve on the team;
2. the LEA must ensure that the student is
observed in the learning environment which includes the regular classroom
setting to document the student's academic performance and behavior in the
areas of difficulty. The team may:
a. use
information from an observation in routine classroom instruction and monitoring
of the student's performance that was done before the student was referred for
evaluation; or
b. conduct an
observation of the student's academic performance in a regular classroom after
the parental consent has been obtained;
c. in the case of a student out of school, a
team member shall observe the child in an environment appropriate for a child
of that age;
3. the
evaluation team shall review and analyze the student's response(s) to
scientifically research-based intervention(s) documented by progress monitoring
data;
4. based on the review and
analysis in Subparagraph 3 above and the reason(s) for referral, a formal
educational assessment shall be conducted by an educational diagnostician or
other qualified personnel with training in formal educational assessment. This
assessment shall document the pattern of strengths and areas of low
achievement;
5. a psychological
assessment shall be conducted by a certified school psychologist, when
necessary, to rule out an intellectual disability;
6. a speech/language assessment shall be
conducted by a speech/language pathologist when oral expression or listening
comprehension is suspected to be an area of impairment. The results of the
speech/language assessment may and should be used when considering strengths
and areas of low achievement for this exceptionality;
7. when neurological or other health/medical
problems are suspected, an assessment shall be conducted by a physician,
neurologist, or neuropsychologist.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:1941 et
seq.