Additional Procedures For Identifying Students with Learning Disabilities | Policy 7619

In accordance with Regulations of the Commissioner of Education, the Fonda-Fultonville Central School District will follow all applicable procedures for referral and evaluation of students suspected of having a learning disability, including the additional requirements enumerated in Commissioner’s Regulations Section 200.4(j) for identifying students with learning disabilities and determining eligibility for special education.

Per Commissioner’s Regulations, learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which manifests itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, as determined in accordance with Section 200.4(j). The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural or economic disadvantage.

The individual evaluation must include information from an observation of the student in routine classroom instruction and monitoring of the student’s performance that was either done before the student was referred for an evaluation or from an observation of the student’s academic performance in the regular classroom after the student has been referred for an evaluation and parental consent is obtained.

The determination of eligibility for special education for a student suspected of having a learning disability must be made by the Committee on Special Education (CSE), which shall include the student’s regular education teacher and at least one person qualified to conduct individual diagnostic examinations of students (such as a school psychologist, teacher of speech and language disabilities, speech/language pathologist or reading teacher).

To ensure that underachievement in a student suspected of having a learning disability is not due to lack of appropriate instruction in reading or mathematics, the CSE must, as part of the evaluation procedures, consider whether the student has received appropriate instruction in reading and mathematics in the regular education setting by qualified personnel. The CSE must also consider data-based documentation of repeated assessments of achievement at reasonable intervals.

A student may be determined to have a learning disability if, when provided with learning experiences and instruction appropriate for the student’s age or State-approved grade-level standards, the student does not achieve adequately in one or more of the following areas: oral expression, listening comprehension, written expression, basic reading skills, reading fluency skills, reading comprehension, mathematics calculation, mathematics problem solving; and the student either does not make sufficient progress when using a process based on the student’s response to scientific, research-based intervention (Response to Intervention) or the student exhibits a pattern of strengths and weaknesses in performance, achievement, or both as determined by the CSE using appropriate assessments in accordance with Commissioner’s Regulations.

Written Report/Written Certification by CSE

When determining eligibility for a student suspected of having a learning disability, the CSE shall prepare a written report containing a statement of all the factors enumerated in Commissioner’s Regulations.

Each CSE member must certify in writing whether the above referenced written report reflects the member’s conclusion regarding the eligibility determination. If the report does not reflect the member’s conclusion, the CSE member must submit a separate statement presenting his/her conclusions.

8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(ii), 200.1(pp), 200.1(zz)(6), 200.4(b), 200.4(c), 200.4(j), and 200.5(b)

Adopted 02/25/08

In accordance with Regulations of the Commissioner of Education, the District will follow all applicable procedures for referral and evaluation of students suspected of having a learning disability, including the additional requirements enumerated in Commissioner’s Regulations Section 200.4(j) for identifying students with learning disabilities and determining eligibility for special education.

Per Commissioner’s Regulations, learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which manifests itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, as determined in accordance with Section 200.4(j). The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural or economic disadvantage.

Eligibility Determination

1) A student suspected of having a learning disability must receive an individual evaluation that includes a variety of assessment tools and strategies pursuant to Commissioner’s Regulations Section 200.4(b). The Committee on Special Education (CSE) may not rely on any single procedure as the sole criterion for determining whether a student has a learning disability. The individual evaluation shall be completed within 60 days of receipt of consent, unless extended by mutual agreement of the student’s parent and the CSE.
2) The individual evaluation must include information from an observation of the student in routine classroom instruction and monitoring of the student’s performance that was either done before the student was referred for an evaluation or from an observation of the student’s academic performance in the regular classroom after the student has been referred for an evaluation and parental consent is obtained in accordance with Commissioner’s Regulations. The observation shall be conducted by an individual specified in paragraph #4 below.
3) To ensure that underachievement in a student suspected of having a learning disability is not due to lack of appropriate instruction in reading or mathematics, the CSE must, as part of the evaluation procedures pursuant to Commissioner’s Regulations, consider:
a. Data that demonstrate that prior to, or as part of, the referral process, the student was provided appropriate instruction in reading and mathematics in regular education settings, delivered by qualified personnel; and
b. Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the student’s parents.
4) The determination of eligibility for special education for a student suspected of having a learning disability must be made by the CSE, which shall include the student’s regular education teacher and at least one person qualified to conduct individual diagnostic examinations of students (such as a school psychologist, teacher of speech and language disabilities,
speech/language pathologist or reading teacher).
5) A student may be determined to have a learning disability if:
a. When provided with learning experiences and instruction appropriate for the student’s age or State-approved grade-level standards, the student does not achieve adequately for the student’s age or to meet State-approved grade-level standards in one or more of the following areas:
1. Oral expression,
2. Listening comprehension,
3. Written expression,
4. Basic reading skills,
5. Reading fluency skills,
6. Reading comprehension,
7. Mathematics calculation,
8. Mathematics problem solving; and
b. The student either:
1. Does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified above when using a process based on the student’s response to scientific, research-based intervention (Response to Intervention) pursuant to Commissioner’s Regulations Section 100.2(ii); or
2. Exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development that is determined by the CSE to be relevant to the identification of a learning disability, using appropriate assessments consistent with Commissioner’s Regulations; and
c. The CSE determines that its findings are not primarily the result of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency.
6) In addition to the criteria enumerated in paragraph #5 above, the CSE is not prohibited from considering whether there is a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skills, reading fluency skills, reading comprehension, mathematical calculation and/or mathematical problem solving; provided that effective on and after July 1, 2012, the School District shall not use the severe discrepancy criteria to determine that a student in kindergarten through grade four has a learning disability in the area of reading.

Specific Documentation for the Eligibility Determination

Written Report by the CSE

When determining eligibility for a student suspected of having a learning disability, the CSE shall prepare a written report containing a statement of:

1) Whether the student has a learning disability;
2) The basis for making the determination, including an assurance that the determination has been made in accordance with Commissioner’s Regulations Section 200.4(c)(1);
3) The relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student’s academic functioning;
4) The educationally relevant medical findings, if any;
5) Whether, consistent with paragraph #5 above:
a. The student does not achieve adequately for the student’s age or to meet State-approved grade-level standards; and
b. The student:
1. Does not make sufficient progress to meet age or State-approved grade-level standards; or
2. Exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development;
6) The determination of the CSE concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the student’s achievement level; and
7) If the student has participated in a process that assesses the student’s response to scientific, research-based intervention (Response to Intervention) pursuant to Commissioner’s Regulations Section 100.2(ii):
a. The instructional strategies used and the student-centered data collected; and
b. The documentation that the student’s parents were notified in accordance with Section 100.2(ii)(1)(vi).

Written Certification by the CSE

Each CSE member must certify in writing whether the above referenced written report reflects the member’s conclusion regarding the eligibility determination. If the report does not reflect the member’s conclusion, the CSE member must submit a separate statement presenting his/her conclusions.
Adopted 02/25/08