LDA's Talking Points for Individuals Testifying on behalf of LDA on Proposed IDEA Regulations

These talking points represent official positions of the organization on two major issues of concern for LDA members in the proposed IDEA regulations.

All LDA members are urged to attend the public hearings and take this opportunity to present their concerns. However, viewpoints other than those represented in these talking points should not be portrayed as representative of the organization's views, but rather those of the individual presenting them.

We also encourage you to tell your personal stories about the impact of the IDEA's implementation on your family. Your personal stories will provide the Office of Special Education Programs with a clearer picture of how the law and regulations affect the lives of real children every day.

PUBLIC HEARINGS ON PROPOSED IDEA REGULATIONS
TALKING POINTS

Learning Disabilities Association of America

I. Introduction:

Thank you for the opportunity to share the views of the Learning Disabilities Association of America (LDA) on the IDEA regulatory process.
LDA is a volunteer organization representing individuals with learning disabilities, their families, and the professionals who serve them.
We work to ensure that children with learning disabilities are properly identified and receive the services needed for success in school and in meeting their post-school goals.
We are commenting today on the proposed regulations on procedures for evaluating children with specific learning disabilities and on transition. LDA will submit detailed written comments on other areas of the proposed regulations after a thorough analysis.

II. Procedures for Evaluating and Determining Eligibility for Students with Specific Learning Disabilities (SLD)

The proposed regulations would allow states to prohibit the use of a "severe discrepancy between ability and achievement" in making a determination of eligibility under the SLD category. [Sec. 300.307(a)(1)]

This proposal goes significantly beyond and changes the congressional intent of the new statutory language. The statutory language allows local school districts discretion to consider a severe discrepancy between achievement and ability, but does not prohibit its use. [See Sec. 614(b)(6)(A): "A local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability".
LDA strongly recommends that the regulations follow the intent and language of the statute in allowing local districts flexibility in evaluating students, including examining intra-individual differences, as appropriate, as determined by an assessment of discrepancy between achievement and intellectual ability. LDA does not support inclusion of proposed Sec. 300.307(a)(1) in final regulations.

The proposed regulations allow determination of a specific learning disability based on assessment with a "response to scientific, research-based intervention process." [Sec. 300.309(a)(2)(i)]

LDA continues to have concerns about the use of a response-to-intervention (RTI) model as the sole determinant in identifying specific learning disabilities.
Before RTI is used as the sole determinant in identifying SLD, extensive research on large-scale implementation of RTI is necessary to determine the effectiveness of RTI in distinguishing students with learning disabilities from those with other disabilities and from students without disabilities.
In addition to research, RTI requires extensive training for school personnel in providing evidence-based instruction to and monitoring progress of non-responsive students who may be students with specific learning disabilities.
LDA believes the proposed regulations should follow the statutory language, allowing the use of RTI data as one important component of a comprehensive evaluation in identifying SLD and determining eligibility for special education and related services. [See Sec. 614(b)(6)(B)]

The proposed regulations allow a determination of eligibility as a child with a specific learning disability based on "a pattern of strengths and weaknesses in performance, achievement, or both - relative to intellectual development..." [Sec. 300.309(a)(2)(ii)]

This proposed language follows the intent of the statute more closely, allowing the evaluation group to look at intra-individual differences in making a determination of eligibility as a child with a specific learning disability.
LDA supports inclusion of this language.

LDA supports Sec. 300.309(b) and believes this proposed regulation is reasonable and will ensure a timely evaluation and determination of eligibility for services. This proposed regulation requires that, as part of the evaluation, the group consider data that demonstrate (a) whether the child was afforded high-quality instruction by qualified personnel; (b) that parents were informed of results of regular assessments of student progress; (c) if sufficient progress has not been demonstrated, a timely referral was made for evaluation for special education and related services; and (d) once the child is referred for an evaluation, timelines are met.
As a final observation, the statute does not specify, for any disability category other than SLD, that states must develop criteria that all local districts must use in making determinations of eligibility. Previous regulations and the new statutory language reference only the local educational agency and allow discretion to make these determinations. LDA supports leaving these determinations at the local school district level.

III. Evaluations Before Change in Placement - Summary of Performance

The proposed regulations mirror the statutory language in requiring only that, before termination of eligibility for services due to graduation with a regular diploma or aging out, the school district provide the student with a "summary of the child's academic achievement and functional performance." [Sec. 300.305(e)(3)]

This regulation lacks the needed specificity. Rather, the regulation should delineate the contents of the summary of performance to ensure that this document is meaningful and provides information that will provide a smooth transition for the student.

LDA proposes the following:

Regulations should state that a member of the IEP team will provide the student with a written Performance Summary based on a review of the functional assessment and evaluation data.

The Performance Summary will provide

information and data documenting the student's disability;

information on the nature and extent of the academic limitations caused by the disability; and,

information on the effectiveness of accommodations, supports, and assistive technology previously used by the student to reduce the functional impact of the disability.

The Performance Summary should include, whenever possible,

the most recent evaluations or data that support the summary; and,

student input regarding the functional limitations of the disability and use and effectiveness of accommodations and supports.

We appreciate your allowing this opportunity for members of LDA to bring our concerns to your attention. LDA will be submitting detailed written comments on the proposed regulations, and we are available to clarify any of our oral or written comments as needed.

Thank you.

Learning Disabilities Association of America
4156 Library Road
Pittsburgh, PA 15234-1349
Phone (412) 341-1515 Fax (412) 344-0224
www.LDAAmerica.org