005.18.35-I. Specific Learning Disability.
AR ADC 005.18.35-IArkansas Administrative Code
Ark. Admin. Code 005.18.35-I
005.18.35-I. Specific Learning Disability.
“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 an 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. 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.
Students identified as having a specific learning disability (SLD) exhibit a number of characteristics. As the referral characteristics listed below are reviewed, it becomes evident that almost any student may display some of these characteristics. However, the student identified as having a specific learning disability is distinguished by the magnitude and/or severity of his/her presenting characteristics.
In evaluating a child suspected of having a specific learning disability, the multidisciplinary evaluation team must include: the child's regular teacher; or if the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; and at least one person qualified to conduct individual diagnostic examinations of children, such as a school psychology specialist, speech-language pathologist, remedial reading teacher or special education teacher.
A comprehensive language screening measure is required. Screening instruments must be established and validated for such use and assess areas of receptive and expressive language. These instruments cannot be single-word vocabulary measures only. Review of social, educational, and communication history and/or classroom observation of communicative abilities should also be utilized. If the student fails the screening or if language is identified as a problem area, a diagnostic measure is required.
The public agency must ensure that the child is observed in the child's learning environment (including the regular classroom setting) to document the child's academic performance and behavior in the areas of difficulty.
The group described in 34 CFR 300.306(a)(1) and § 6.06.1.2 and § 6.07.1, in determining whether a child has a specific learning disability, must decide to
b. Have at least one member of the group described in 34 CFR 300.306(a)(1) and § 6.06.1.2 and § 6.07.1 conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with 34 CFR 300.300(a), is obtained.
In the case of a child of less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age.
A written report of the observation must be prepared which includes the following information: the relevant behavior noted during the observation of the child, the relationship of that behavior to the child's academic functioning, length of the observation, day of week and time of day the observation was conducted, any modification(s) implemented by the regular classroom teacher during the observation and the outcome of those modifications.
3. The child 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 group to be relevant to the identification of a specific learning disability using appropriate assessments, consistent with 34 CFR 300.304 and 300.305; and
5. The State does not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability. The public agency may use a process based on the child's response to scientific, research-based intervention; and may use other alternative research-based procedures for determining whether a child has a specific learning disability, as defined in this section and 34 CFR 300.8(c)(10).
b. A discrepancy must be documented. It is required that discrepancies be determined by use of regression analysis. This method requires the use of a standard score comparison, meaning that achievement and intellectual functioning scores must be converted to the same standard score scale so that they can be directly compared. Age-based standard scores must be used. [Refer to Appendix D -SLD Eligibility Criteria in Special Education and Related Services, Procedural Requirements and Program Standards (ADE, 2008)]
D. The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in 34 CFR 300.301 and 300.303, unless extended by mutual written agreement of the child's parents and a group of qualified professionals, as described in 34 CFR 300.306(a)(1)
This report must be dated and each group member must certify by signature whether the report reflects each member's conclusion. If the report does not reflect an individual team member's conclusion, the member must submit a separate statement presenting his or her conclusions.
The evaluation committee will determine appropriate programming based upon careful analysis of all evaluation information, including the student's observed behavior during an instructional period. Numerous intervention approaches and strategies have been developed for students who have specific learning disabilities. It is the responsibility of instructional personnel to review and evaluate such interventions for appropriateness and effectiveness. However, the emphasis must be on programming which meets individual needs.
Students with SLD often encounter difficulty with materials used in regular classroom instruction. Therefore, modifications in pace, content and/or curriculum may be necessary for those classes.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.35-I, AR ADC 005.18.35-I
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