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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. |
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