LAC 28:CI.719. Specific Learning Disability

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 student did not make sufficient progress 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 weaknesses must be documented as follows: a. area of weakness 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 in accordance with Subparagraph 2 of this Section. 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. d. scientifically research-based intervention data supports the team’s position that the student is a student with a specific learning disability. C. Procedures for Evaluation. Conduct all procedures in accordance with §513 of this Part. 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, licensed specialist in school psychology, or licensed psychologist with a specialty in school, 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. 8. When dyslexia is suspected and there is no diagnosis by a qualified professional as defined in LAC 28:XXXV. Bulletin 1903, a preponderance of evidence is considered. The evidence shall include qualification for a Specific Learning Disability in one of the reading-related areas in this Section accompanied by a weakness in phonological processing, and/or a weakness in spelling.