Hello!
Hope you are doing well as you look forward to spring break which is just around the corner. My apologies for not getting a newsletter out in January, but I was out on unexpected leave. Included in this issue are registration details for our first annual Region 10 and 11 Evaluators Symposium on March 22, 2022. Hope to see many of you there if not sooner!
In honor of Valentine's Day remember to never underestimate the power of your words and actions that show compassion and love for those you support each day. Thank you for all you do to bring positivity to your teams and families.
You are making a difference!!
Amy
We have received LOTS of guidance and updates recently from TEA regarding what must be included when we evaluate a child who we suspect may have dyslexia. Most recently the updated handbook was published to the Texas Register and went into effect on Feb. 10, 2022 and prior to that Chapter 89 regarding identification of a specific learning disability was updated to more clearly align with the federal law.
None of these changes are changes to current legal requirements, but instead an attempt to clarify and correct misunderstandings.
As I comb through this information, review trainings offered by TEA and talk to evaluators throughout the state, I find four critical clarifications need to be understood by our evaluators:
1. If dyslexia or dysgraphia is suspected, notice of procedural safeguards, a PWN to evaluate and informed consent must be offered to the parent for a Full and Individual Evaluation.
"Because a student suspected of having dyslexia may be a student with a disability under the IDEA, the Child Find mandate includes these students. Therefore, when referring and evaluating students suspected of having dyslexia, LEAs must follow procedures for conducting a full individual and initial evaluation (FIIE) under the IDEA." page 24
"The process of identifying dysgraphia will follow Child Find procedures for conducting a full individual and initial evaluation (FIIE) under the IDEA." page 62
2. A student who has the condition of dyslexia meets the criterion for the condition of a SLD in Basic Reading and/or reading fluency.
"If, through the evaluation process, it is established that the student has the condition of dyslexia, as described in Chapter 1, then the student meets the first prong of eligibility under the IDEA (identification of condition). In other words, the identification of dyslexia, using the process outlined in this chapter, meets the criterion for the condition of a specific learning disability in basic reading and/or reading fluency. However, the presence of a disability condition alone, is not sufficient to determine if the student is a student with a disability under the IDEA. Eligibility under the IDEA consists of both identification of the condition and a corresponding need for specially designed instruction as a result of the disability." page 31
"The ARD committee will determine whether the student who has dysgraphia is eligible under IDEA as a student with a specific learning disability. The student is eligible for services under IDEA if he/she has dysgraphia and, because of the dysgraphia needs special education services." page 66
3. It is critical that evaluators do not use cut scores, but look beyond the scores to determine if the child has a specific learning disability. Identification should be based upon a preponderance of evidence from both formal and informal data sources.
"Therefore, it is not one single indicator but a preponderance of data (both informal and formal) that provide the committee with evidence for whether these difficulties are unexpected." page 31
4. ALL students identified with dyslexia/dysgraphia (served under section 504 or special education) MUST be provided instruction, needed accommodations and access to appropriate technologies as outlined in the dyslexia handbook.
The determination of who, how and where this is delivered is determined by the ARD committee for students eligible for special education services. OSEP's letter to Dr. Porter from November 2021 indicates that "standard protocol instruction' as described in the handbook could 'easily describe specialized instruction."
For some of you these clarifications will just provide additional to reinforcements to the current work you are doing, but for others this may seem new or different.
If you have not yet taken time to read and become familiar with the updates to the handbook or chapter 89 now is the time! It is critical you read and understand the handbook so that you are meeting child find obligations and providing a comprehensive evaluation.
If you are seeking additional information on this topic don't miss our March 4th Collaborative Child Find session on the identification of dyslexia in the FIE being offered here at Region 10.
In Person Sessions
Collaborative Child Find: Dyslexia Identification and Services for Eligible Students
3/4/2022 Session ID: 2643791
This interactive session will focus on the keys to successful collaboration of the multidisciplinary evaluation team members by learning the importance of honoring each other’s professional knowledge and personal values. Next an overview of the FIE process as it specifically relates to identification of dyslexia and dysgraphia will be provided in order to build a framework of mutual understanding between dyslexia therapists/teachers and special education evaluators. Finally, the session will conclude with suggested guidelines on the review of data required in order to determine eligibility and ensure dyslexia instruction, supports and services occur in the least restrictive environment when a student is determined to be eligible for special education by the ARD committee.
Essential Elements of the FIE ( these are repeat sessions from Fall 2021)
The following series is designed for educational diagnosticians who are interested in developing or deepening their skills as an evaluator.
Selecting and Administering Assessments for the Educational Diagnostician
(4/22/22) Session ID: 2638295
Writing Impactful FIEs for the Educational Diagnostician
(4/28/2022) Session ID: 2638296
The Impact of Learning Loss and Eligibility Determination with Dr. Andrea Ogonosky (rescheduled from 2/4/22 - if you can no longer attend please cancel your registration)
4/8/2022 Session ID: 2640862
Language Difference vs Disorder with Dr. Jyutika Mehta, Pam Sepulvado and Amy Smith
4/6/2022 Session ID: 2643153
NEW! TEA Standards Based IEP for Evaluation Personnel
4/27/2022 9:00-12:00 Session ID: 2643841
OR
4/27/2022 1:00-4:00 Session ID: 2643842
upcoming sessions for ARD Managers
ARD Manager 101: How to Stay Cool When Conversations Get Heated/ARD Facilitation (repeat from August 2021)
Ever dreaded going to an ARD meeting that you knew was not going to go well? How about having conservations you knew not everyone would agree with? In this interactive session, you will learn strategies for changing the course when a conversation during an ARD/IEP meeting begins to get heated.
TEA Standards-Based Individualized Education Program(IEP) Process Training
Spring Session: 3/1 and 3/2 9:00-4:00 (Session ID 2643028)
Participants will learn how to gather meaningful data to develop Present Levels of Academic Achievement and Functional Performance (PLAAFP) statements and write measurable annual goals aligned with grade-level academic content for students receiving special education services. By using the strategies presented, participants will be able to determine the critical area(s) impacted by disability (academic and/or functional) and determine the disability-related need(s) of the student. The information provided in the training meets accountability mandates of IDEA to improve the achievement of students with disabilities.
REPRINTED FROM JIM WALSH’S “DAILY DAWG” WITH PERMISSION FROM THE WALSH GALLEGOS LAW FIRM.
YET ANOTHER CHILD FIND CASE…
Middle school teachers will find this one interesting, particularly math teachers. The student had a hard time with math in 7th grade, and even harder in 8th. The school responded with one-on-one assistance from the teacher, and additional help from the school’s “problem solving team.” The court also quoted the principal as saying that “the academic struggles of 7th graders in math are a ‘nationwide conundrum.’”
The mother convinced the district court that the school should have referred her daughter for a special education evaluation sooner than it did. But the court also held that this was only a procedural error and it did not cause any substantive harm. Thus the mother was not entitled to compensatory services or recovery of attorneys’ fees. Why was there no substantive harm? Because of the efforts of those general education teachers to help a student who was struggling with math.
Math is difficult. Not every kid who struggles with quadratic equations is showing signs of a disability. Some are demonstrating natural resistance in the face of a difficult task. Some are showing signs of poor math instruction in earlier years. Math is progressive, so if you don’t get what they teach in 4th grade, 5th is going to be a real problem, and 7th grade math will be impossible. So teachers should use their experience and good common sense to sort out the nature of the problem. If there is reason to suspect that a disability might be contributing to the problems, then it’s time to make a referral.
This is a case where good common sense and helpful intervention by general education teachers proved decisive in subsequent litigation. It’s J.N. v. Jefferson County BOE, decided by the 11th Circuit on September 10, 2021. It’s reported at 12 F.4th 1355, (11th Cir. 2021).
DAWG BONE: GOOD ON THOSE GENERAL ED MATH TEACHERS!
Subscriptions to the Daily Dawg are available at www.edlawdawg.com
Amy Smith, Evaluation Consultant
Email: amy.smith@region10.org
Website: https://www.region10.org/programs/evaluation-special-education/overview/
Location: Region 10 Education Service Center, East Spring Valley Road, Richardson, TX, USA
Phone: 972-348-1784