'irr ri?e? {gel-lg . - is} ?ti-i ?qqn-? n? UNITED STATES DEPARTMENT OF EDUCATION OFFICE SPECIAL EDUCATION AND REHABILITATIVE SERVICES 1- 'llHE ASSISTANT OCT 23 2015 Dear Colleague: Ensuring a high-quality education for children with speci?c learning disabilities is a critical responsibility for all of us. I write today to focus particularly on the unique educational needs of children with dyslexia, dyscalculia, and which are conditions that could qualify a child as a child with a speci?c learning disability under the Individuals with Disabilities Education Act (IDEA). The Of?ce of Special Education and Rehabilitation Services (USERS) has received communications from stakeholders, including parents, advocacy groups, and national disability organizations, who believe that State and local educational agencies (SEAS and LEAs) are reluctant to reference or use dyslexia, dyscalculia, and in evaluations, eligibility determinations, or in developing the individualized education program (IEP) under the IDEA. The purpose of this letter is to clarify that there is nothing in the IDEA that would prohibit the use of the terms dyslexia, dyscalculia, and in IDEA evaluation, eligibility determinations, or IEP documents. Under the IDEA and its implementing regulations ?speci?c learning disability? is de?ned, in part, as ?a disorder in one or more of the basic processes involved in understanding or in using language, spoken or written, that may manifest itselt?in the 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, dysiexio, and developmental aphasia." See 20 U.S.C. ?1401(30) and 34 CFR (emphasis added). While our implementing regulations contain a list ofconditions under the de?nition ?speci?c learning disability," which includes dyslexia, the list is not exhaustive. However, regardless of whether a child has dyslexia or any other condition explicitly included in this de?nition of ?speci?c learning disability,? or has a condition such as dyscalculia or not listed expressly in the de?nition, the LEA must conduct an evaluation in accordance with 34 CFR ??300 304~300 311 to determine whether that child meets the criteria for speci?c learning disability or any ofthe other disabilities listed in 34 CFR ?300.8, which implements de?nition of?child with a disability." For those students who may need additional academic and behavioral supports to succeed in a general education environment, schools may choose to implement a multi-tiered system of supports (MTSS), such as response to intervention (RTI) or positive behavioral interventions and supports (PBIS). MT SS is a schoolwide approach that addresses the needs of all students, including struggling learners and students with disabilities, and integrates assessment and intervention within a multi?level instructional and behavioral system to maximize student achievement and reduce problem behaviors. MTSS, which includes scienti?c, research-based interventions, also may be used to identify children suspected of having a speci?c learning disability. With a multi?tiered instructional 400 MARYLAND AVE. DC EOZUEFZEDG smvw. cd .gov The Department. of Education '5 mission is to promote student achievement and preparation for global competitiveness by fostering educational emetic-nee and ensuring equal access. Page 2 Dear Colleague: Dyslexia Guidance framework, schools identify students at risk for poor learning outcomes, including those who may have dyslexia, dyscaleulia, or monitor their progress; provide evidence-based interventions; and adjust the intensity and nature of those interventions depending on a student?s responsiveness. Children who do not, or minimally, respond to interventions must be referred for an evaluation to determine if they are eligible for special education and related services (34 CFR and those children who simply need intense short-term interventions may continue to receive those interventions. OSERS reminds SEAS and LEAs about previous guidance regarding the use of MTSS, including and timely evaluations,l speci?cally that a parent may request an initial evaluation at any time to determine if a child is a child with a disability under IDEA (34 CFR and the use of MTSS, such as RTI, may not be used to delay or deny a full and individual evaluation under 34 CF 1 of a child suspected of having a disability. In determining whether a child has a disability under the IDEA, including a speci?c learning disability, and is eligible to receive special education and related services because of that disability, the LEA must conduct a comprehensive evaluation under ?300.304, which requires the use of a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child. This information, which includes information provided by the parent, may assist in determining: 1) whether the child is a child with a disability; and 2) the content of the child?s IEP to enable the child to be involved in, and make progress in, the general education curriculum. 34 CFR ?3 00.3 Therefore. information about the child?s learning difficulties, including the presenting dif?culties related to reading, mathematics, or writing, is important in determining the nature and extent of the child?s disability and educational needs. In addition, other criteria are applicable in determining whether a child has a specific learning disability. For example, the team determining eligibility considers whether the child is not achieving adequately for the child?s age or to meet State-approved grade-level standards when provided with learning experiences and instruction appropriate for the child?s age or the relevant State standards in areas related to reading, mathematics, and written expression. The team also must determine that the child?s underachievement is not due to lack of appropriate instruction in reading or mathematics. 34 CFR and Section 300.31 1 contains requirements for specific documentation of the child?s eligibility determination as a child with a speci?c learning disability, and includes documentation ofthe information described above. Therefore, there could be situations where the child?s parents and the team of quali?ed professionals responsible for determining whether the child has a speci?c learning disability would ?nd it helpful to include information about the specific condition dyslexia, dyscalculia, or in documenting how that condition relates to the child?s eligibility determination. 34 CFR ??300 306(a)(1), and 300.303. 1 See OSEP Memo 1 l-G? (January EDI 1) available at: I-UTrtimemopdf Under 34 CFR as part oftheir criteria for determining whether a child has a specific learning disability, States must permit the use ofa process based on the child?s response to scienti?c. raseareh-based intervention, and may permit the use of other alternative research-based procedures in making this determination. Page 3 Dear Colleague: Dyslexia Guidance Stakeholders also requested that SEAS and LEAs have policies in place that allow for the use of the terms dyslexia, dyscalculia, and on a child?s IEP, if a child?s comprehensive evaluation supports use of these terms. There is nothing in the IDEA or our implementing regulations that prohibits the inclusion of the condition that is the basis for the child?s disability determination in the child?s IEP. In addition, the IEP must address the child?s needs resulting from the child?s disability to enable the child to advance appropriately towards attaining his or her annual IEP goals and to enable the child to be involved in, and make progress in, the general education curriculum. 34 CFR ??300 320(a)(l), (2), and (4). Therefore, ifa child?s dyslexia, dyscalculia, or is the condition that forms the basis for the determination that a child has a speci?c learning disability, OSERS believes that there could be situations where an IEP Team could determine that personnel responsible for IEP implementation would need to know about the condition underlying the child?s disability that a child has a weakness in decoding skills as a result ofthe child?s dyslexia). Under 34 CFR a child?s IEP must be accessible to the regular education teacher and any other school personnel responsible for its implementation, and these personnel must be informed of their speci?c responsibilities related to implementing the IEP and the speci?c accommodations, modi?cations, and supports that must be provided for the child in accordance with the IEP. Therefore, OSERS reiterates that there is nothing in the IDEA or our implementing regulations that would prohibit IEP Teams from referencing or using dyslexia, dyscalculia, or in a child?s IEP. Stakeholders requested that OSERS provide SEAS and LEAs with a comprehensive guide to commonly used accommodations2 in the classroom for students with speci?c learning disabilities, including dyslexia, dyscalculia, and The IDEA does not dictate the services or accommodations to be provided to individual children based solely on the disability category in which the child has been classi?ed, or the speci?c condition underlying the child?s disability classi?cation. The Of?ce of Special Education Programs (OSEP) funds a large network of technical assistance centers that develop materials and resources to support States, school districts, schools, and teachers to improve the provision of services to children with disabilities, including materials on the use of accommodations. The US. Department of Education does not mandate the use of, or endorse the content of, these products, services, materials, andfor resources; however, States and LEAs may wish to seek assistance from entities such as the National Center on Intensive Intervention at: the Center for Parent Information and Resources available at: and the National Center on Accessible Educational Materials available at: http?faenicastorgf. For a complete list of OSEP-funded technical assistance centers please see: In implementing the IDEA requirements discussed above, USERS encourages SEAs and LEAs to consider situations where it would be appropriate to use the terms dyslexia, dyscalculia, or to describe and address the child?s unique, identi?ed needs through evaluation, eligibility, and IEP documents. OSERS further encourages States to review their policies, 1 Although the IDEA uses the term ?accommodations" primarily in the assessment context, USERS understands the request to refer to the various components ofa free appropriate public education, including special education, related services, supplementary aids and services, and program modi?cations or supports for school personnel, as well as accommodations for students taking assessments. Page 4 Dear Colleague: Dyslexia Guidance procedures, and practices to ensure that they do not prohibit the use of the terms dyslexia, dyscalculia, and in evaluations, eligibility, and documents. Finally, in ensuring the provision of free appropriate public education, OSERS encourages SEAs to remind their LEAS of the importance of addressing the unique educational needs of children with speci?c learning disabilities resulting from dyslexia, dyscalculia, and during IEP Team meetings and other meetings with parents under IDEA. I hope this clari?cation is helpful to both parents and practitioners in ensuring a high-quality education for children with speci?c learning disabilities, including children with dyslexia, dyscalculia, and If you have additional questions or comments, please email them to sldt?ledgov. Sincerely, Michael K. Yudin