SLD Identification: An Analysis of State Policies

Edward K. Schultz, Midwestern State University
Tammy L. Stephens, Texas Woman’s University

Schultz, Ph.D., is Assistant Professor of Special Education at Midwestern State University
Stephens, Ph.D. is Assistant Professor of Special Education at Texas Woman’s University

Abstract
The reauthorization of the Individuals with Disabilities Education Improvement Act (IDEA; 2004) has resulted in many changes in the field of special education; specifically in the eligibility criteria used to determine the presence of a specific learning disability. Results indicate variability among the states regarding eligibility with all states using response to intervention and the majority of states allowing the use of various discrepancy models.

Introduction
The 2004 Individuals with Disabilities Education Improvement Act (IDEA; 2004) and subsequent regulations published August 2006 have significantly changed the way students suspected of having specific learning disabilities (SLD) are identified and found eligible for special education. Specifically, under IDEA (2004), school districts are no longer required to use a discrepancy model when determining eligibility, but instead, may use alternative means (e.g., response-to-intervention or processing deficit approaches) to identify students.

When identifying students as having a learning disability, local education agencies (LEAs) must use criteria set forth by their respective state education agencies (SEAs). While consistencies in the identification of specific learning disabilities may occur within states, considerable differences occur in the identification process between states (Ahearn, 2003; Ahearn, 2008; Zirkel & Krohn, 2008). To further complicate matters, the lack of consensus concerning the operational definition of SLD , selecting the most effective methods of identification (Flanagan, Ortiz, Alfonso & Dynda, 2006; Fletcher, Denton, & Francis, 2005; Fletcher, Francis, Morris, & Lyon, 2005; Kavale, Holdnack, & Mostert, 2005; Kavale, Kauffman, Bachmeier, & LeFever, 2008; Van den Broek, 2002) continues to be the topic of significant debate. This article will describe the contemporary approaches to specific learning disability identification and the eligibility criteria selected by each state.

Contemporary Approaches to Identification
Current identification approaches can be classified into three broad models: (a) discrepancy approaches, (b) response-to-intervention (RTI) and problem solving approaches, and (c) the processing deficit approaches.

Discrepancy Approach
Prior to the IDEA regulatory changes in 2006, mathematical approaches, specifically the discrepancy model, have been the primary approach to identification of specific learning disabilities. (Baer, 2000; Dombrowski, Kamphaus, & Reynolds, 2004; Frankenberger & Fronzaglio, 1991; Kavale, 2002; Meyer, 2000). According to IDEA (2004), states are not allowed to “require the use of severe discrepancy between intellectual ability and achievement,” however, it remains permissible to use along with RTI and “other alternative research-based procedures (IDEA, 20 U.S.C.§1414 (b)(6)(A).” The underlying concept of discrepancy approaches is that specific learning disabilities are operationalized as “unexpected underachievement” (Dombrowski et al., 2004; Kavale, 2002; Proctor & Prevatt, 2003).

Response-to-Intervention
Response- to- Intervention (RTI) is a multi-tiered prevention model of support that delivers interventions and services at increasing levels of intensity based on the response of the student (Bradley, Danielson, & Doolittle, 2007).This approach is dependent upon a systematic process that includes: (a) the application of scientific, evidence-based interventions delivered in general education, (b) monitoring the progress of students response to these interventions, and (c) the use of RTI data to make informed instructional decisions. While many of the concepts of RTI have been familiar to educators for years, RTI gained legal status when it was included in Public Law 108-446, the reauthorized Individuals with Disabilities Education Improvement Act 2004 (Bradley, et al., 2007)

Processing Deficit Approaches
Identification based on processing deficits approaches have primarily focused on operationalizing the federal definition of SLD and the processes linked to reading such as “phonological processing.” According to Ahearn (2003), there is some agreement among professionals that certain psychological processing problems interfere with a student’s learning such as limitations in working memory capacity, phonological processing deficits, and auditory perception. Currently there is not widespread acceptance that processing deficit approaches are a viable method of identifying SLD (Bradley, et al., 2002, p. 797). However, examining processing deficits has given meaning to the most salient component of the federal definition of SLD?a disorder in one or more of the basic psychological processes and has resulted in some states using this approach as an allowable methodology (Fiorello, Hale, & Snyder, 2006; Flanagan et al., 2006; Kavale et al., 2005).

Confusion and debate regarding the operational definition of SLD has resulted in a lack of consensus regarding the use of one specific eligibility model across the United States. Specifically, an assortment of eligibility models defined within this article are currently being utilized within school districts throughout the United States. Therefore, the purpose of this study is to identify which eligibility models are most prominently used within LD eligibility determination since the reauthorization of IDEA (2004).

Methodology
Data were collected by accessing each state’s education website and locating their respective special education rules and regulations. The following procedures were applied: (a) the Special Education Department from each of the fifty states’ Department of Education was accessed via internet searches, (b) the special education rules and regulations for each state were downloaded from the educational site, (c) using a checklist to organize eligibility models, the two researchers reviewed each states’ rules and regulations and (d) the results were analyzed and compiled within a table.

Results

Continue to Allow the Use of the Discrepancy Model
The majority of the states allow for the continued use of the discrepancy model when determining SLD eligibility. Specifically, thirty-nine (n = 39) states indicated that local education agencies may continue to utilize the discrepancy model as an option of identification. Of the thirty-nine states which continue to allow the use of a severe discrepancy model, twenty-nine (n = 29) allow for the use of a severe discrepancy and/or RTI. Furthermore, ten (n = 10) allow for the use of a severe discrepancy model, RTI, and/or an alternative research-based method of identification.

Elimination of the Discrepancy Model
Of the fifty states analyzed, eleven states (n = 11) were identified as prohibiting the use of the discrepancy model for eligibility. Instead of allowing the use of the discrepancy model, the states vary in the type of criteria they allow. For example, Indiana (Indiana State Board of Education, 2008) prohibits the use of the discrepancy model and instead allows the use of RTI and/or the use of a research-based method which assesses patterns of strengths and weaknesses between cognitive abilities and achievement.

Explicit Mention of Professional Judgment
Many states have placed increased emphasis on the use of the “professional judgment” of educational personnel when determining eligibility. Specifically, Arizona, Georgia, and New Mexico explicitly mention the implementation of “professional judgment” within their state rules and regulations. According to the Georgia state regulations, the ultimate determination of SLD eligibility is determined through professional judgment using multiple supporting evidences to include data collected from norm-referenced assessments and/or benchmarks, information from the student’s teacher regarding classroom routines and instruction, information provided regarding supplementary instruction, and information obtained from parents and school records.

Additional Criteria for Specific Learning Disability Eligibility
Several states allow assessment personnel to use a “research-based alternative eligibility method” when determining eligibility. Of the fifty states, twenty-one (N = 21) allow for the use of an alternative method of eligibility, generally by determining if a student exhibits a pattern of strengths and weaknesses and/or examining specific areas of cognitive processes that interfere with learning. The following states will be briefly described to illustrate these approaches: Indiana and Texas.

Indiana’s Special Education rules (2008) described SLD as “neurological in origin” and allow “intellectual development that is determined by the group to be relevant to the identification of a specific learning disability” to be used as evidence to support their findings. Specific cognitive processes that are linked to specific academic skills are assessed. For example, nonverbal problem solving, working and long-term memory, processing speed, and attention are assessed when a student has difficulty in math. In a similar fashion, the commissioner’s rules concerning special education in Texas (2008) permits examining a pattern of strengths and weaknesses and examining specific areas of cognitive processing and linking them to areas of achievement as a method of identification. In addition to not achieving adequately on age or grade level achievement standards, a student may be considered learning disabled if he or she: (II) exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, grade-level standards, or intellectual ability, as indicated by significant variance among specific areas of cognitive function, such as working memory and verbal comprehension, or between specific areas of cognitive function and academic achievement (p.4).

Conclusion
The reauthorization of the Individuals with Disabilities Education Improvement Act (IDEA, 2004) has resulted in new guidelines for eligibility in the area of specific learning disability. State education agencies have been charged with the responsibility of interpreting federal regulations and setting guidelines for local education agencies to follow when determining eligibility. Initial analyses of state guidelines indicate much variability continues to exist in the eligibility models being used across the fifty states. In adherence to federal guidelines, all state education agencies allow for the use of a response-to-intervention model in some form. Additionally, the majority of the states continue to allow for the use of a discrepancy model as an allowable methodology.

State Policies on SLD Identification

Alabama Department of Education (2008). Special education. Retrieved October 2,
2008 from http://www.alsde.edu/html/sections/section_detail.asp?section=65&footer=sections

Alaska Department of Education and Early Development (2008). Retrieved October 2, 2008
from http://www.eed.state.ak.us/tls/SPED/Handbook.html

Arizona Department of Education (2008). Educational services and resources: Exceptional
student services. Retrieved on October 3, 2008 from http://www.ade.state.az.us/ess/

Arkansas Department of Education (2008). Special education and related services 6.00
evaluation: Eligibility criteria. Retrieved on October 3, 2008 from http://arksped.k12.ar.us/sections/rulesandregulations.html

California Department of Education (2008). Laws and regulations: A composite of laws.
Retrieved on October 2, 2008 from http://www3.scoe.net/speced/laws_search/searchlaws.cfm

Colorado Department of Education (2008). Rules for the administration of the exceptional children’s educational act. Retrieved on October 3, 2008 from http://www.cde.state.co.us/spedlaw/rules.htm

Connecticut State Department of Education (2008). Draft guidelines for identifying children with
learning disabilities. Retrieved on October 3, 2008 from http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/LDGuide.pdf

Delaware Department of Education (2008). Special education regulations: Delaware’s administrative code. Retrieved on October 5, 2008 from http://www.doe.k12.de.us/infosuites/students_family/specialed/default.shtml

Florida Department of Education (2008). Requirements for students with specific learning
disabilities determinations in the interim prior to state board of education rule revision 6A.603018. Retrieved on October 5, 2008 from http://www.fldoe.org/ese/

Georgia Department of Education (2007). Special education rules. Retrieved on October 10,
2008 from http://www.doe.k12.ga.us/ci_exceptional.aspx?PageReq=CIEXCAdoptedRules

Hawaii Department of Education (2008). Subchapter 4 eligibility criteria. Retrieved on October 6, 2008 from http://doe.k12.hi.us/specialeducation/chapter56/subchapter4.htm#8-56-15

Idaho State Board of Education. (February, 2007). Evaluation and eligibility. [ElectronicVersion]. Idaho Special Education Manual 2007. 44-62.

Illinois State Board of Education (2008). Side by side document: Comparison of 23 Illinois
administrative code part 226 (June 28, 2007) to IDEA regulations (August 3, 2006). Retrieved on October 5, 2008 from http://www.isbe.state.il.us/spec-ed/pdfs/comparison.pdf

Indiana State Board of Education (2008). Special education rules title 511 artIcle 7rules 32-47. Retrieved on October 2, 2008 from http://www.doe.in.gov/exceptional/speced/pdf/2008-08-06artcle7.pdf

Iowa Department of Education. State of Iowa criteria for determination of specific learning
disabilities. Retrieved on October 3, 2008 from http://www.iowa.gov/educate/content/view/585/1074/

Kansas State Department of Education (2008). Kansas special education process handbook. Retrieved on October 15, 2008 from http://www.ksde.org/Default.aspx?tabid=3152
Kentucky Department of Education (2008). Kentucky administrative regulations for special education programs. Retrieved on October 10, 2008 from http://www.lrc.ky.gov/

Louisiana Department of Education (2008). Regulations for implementation of the children with
exceptionalities act. Retrieved on October 5, 2008 from http://www.doe.state.la.us/lde/uploads/5918.pdf

Maine Department of Education (2008). Maine unified special education regulation: Birth to age twenty. Retrieved on October 6, 2008 from http://www.maine.gov/education/speced/contentrules.htm

Maryland State Department of Education (2008). Evaluations and eligibility determinations.
Retrieved on November 5, 2008 from http://www.marylandpublicschools.org/msde

Michigan Department of Education (2008). Special education laws and policies. Retrieved on
November 5, 2008 from http://www.michigan.gov/mde
- Michigan Requirement to Make Public School District Processes for Determining the Existence of a Specific Learning Disability (October 2010)
Retrieved on May 24, 2010 from http://www.michigan.gov/documents/mde/OSE-EIS_Memorandum_10-07_321440_7.pdf

Minnesota Department of Education (2008). Minnesota administrative rules. Retrieved on November 2, 2008 from https://www.revisor.leg.state.mn.us/rules/?id=3525.1341

Mississippi Department of Education (2008). Office of special education. Retrieved on
November 1, 2008 from http://www.mde.k12.ms.us/special_education/

Montana Office of Public Instruction (2008). Administrative rules of Montana. Retrieved on November 1, 2008 from http://www.opi.mt.gov/

Nebraska Department of Education (2008). Rules and regulations. Retrieved on November 1,
2008 from http://www.nde.state.ne.us/LEGAL/RULES.html

Nevada Department of Education (2008). Adopted regulation of the state board of education. Retrieved on November 5, 2008 from http://nde.doe.nv.gov/SpecialEdResources/R064-08A.pdf

New Hampshire Department of Education (2008). Retrieved on November 1, 2008 from
http://www.ed.state.nh.us/education/

New Jersey Department of Education (2008). Chapter 14 special education New jersey administrative code. Retrieved on October 2, 2008 from http://www.nj.gov/education/code/current/title6a/chap14.pdf

New Mexico Public Education Department. (2007). Policies and procedures for the provision of
special education services for students with disabilities and gifted students. Retrieved on
October 2, 2008 from http://www.ped.state.nm.us/seo/index.htm

New York State Education Department (2008). Education laws and regulations. Retrieved on November 5, 2008 fromhttp://www.vesid.nysed.gov/specialed/publications/lawsandregs/home.html

North Carolina Department of Education (2007). Policies governing services for children with
disabilities. Retrieved on November 5, 2008 from http://www.dpi.state.nc.us/docs/ec/policy/policies/2007policies.pdf

North Dakota Department of Education (2008). Special education. Retrieved on October 30, 2008 from http://www.dpi.state.nd.us/speced/guide/index.shtm

Ohio Department of Education (2008). Operating standards and related guidance for Ohio educational agencies serving children with disabilities. Retrieved on October 30, 2008 from http://www.ode.state.oh.us/

Oklahoma Department of Education (2008). Policies and procedures for special education in Oklahoma. Retrieved on November 2, 2008 from http://se.sde.state.ok.us/ses/Compliance/Policies_and_ProceduresForSpecialEducation_2007.pdf

Oregon Department of Education (2008). Policies and procedures for special education.
Retrieved on October 5, 2008 from http://www.ode.state.or.us/search/results/?id=123

Pennsylvania Department of Education (2008). PA guidelines for identifying students with
specific learning disabilities. Retrieved on November 5, 2008 from http://www.pde.state.pa.us/special_edu/lib/special_edu/SLDGuidelines8_05_08Final.pdf

Rhode Island Department of Elementary and Secondary Education (2008). Regulations of the
Rhode Island board of regents for elementary and secondary education governing the education of children with disabilities. Retrieved November 2, 2008 from http://www.ride.ri.gov/Special_Populations/State_federal_regulations/special_education_regulations_2008.pdf

South Carolina Department of Education (2007). 43-243, special education, education of
students with disabilities. Retrieved October 10, 2008 from http://ed.sc.gov/agency/Standards-and-Learning/Exceptional-Children/old/ec/stateregs/StateRegulations2007.html

South Dakota Department of Education (2008). Special education. Retrieved November 1, 2008 from http://legis.state.sd.us/rules/DisplayRule.aspx?Rule=24:05

Tennessee Department of Education (2008). Special education assessment: Disability eligibility standards. Retrieved on November 7, 2008 from http://tennessee.gov/education/speced/doc/Appr_Dis_Elig_Stand.pdfTexas Education Agency (2008). Special education rules and regulations. Retrieved on November 5, 2008 from http://www.tea.state.tx.us/special.ed/rules/sbs.html

Utah State Office of Education (2008). Utah special education rules. Retrieved on November 1,
2008 from http://www.schools.utah.gov/sars/lawsregs/rules.htm

Vermont Department of Education (2008). Special education: Laws and regulations. Retrieved
on November 2, 2008 from http://education.vermont.gov/new/html/pgm_sped/laws.html#state

Virginia Department of Education (2008). Regulations governing special education programs
for children with disabilities in Virginia. Retrieved on November 2, 2008 from http://www.doe.virginia.gov/VDOE/dueproc/final_sped_regs.pdf

Washington Department of Education (2008). Washington administrative code. Retrieved on
November 3, 2008 from http://www.k12.wa.us/SpecialEd/regulations.aspx#federal_guidance

West Virginia Department of Education (2008). Regulations for the education of students with
exceptionalities. Retrieved on November 7, 2008 from http://wvde.state.wv.us/osp/p2419.pdf

Wisconsin Department of Public Instruction (2008). Wisconsin state policies and procedures individuals with disabilities education act. Retrieved on November 7, 2008 from http://dpi.wi.gov/sped/idea.html

Wyoming Department of Education (2008). WDE procedure document: Identifying children with
specific learning disabilities. Retrieved on November 12, 2008 from http://www.k12.wy.us/SE/Docs/Guidelines_for_Identifying.pdf

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