GROUP OF QUALIFIED PROFESSIONALS

• At least one person qualified to conduct individual diagnostic examinations of children:

• Such as a licensed specialist in school psychology (LSSP);

• Such as an educational diagnostician;

• Such as a speech-language pathologist; or

• Such as an appropriately certified or licensed practitioner with experience and training in the area of the disability; and  

• A teacher from one of the following categories:

• The child's regular education teacher;

• A regular classroom teacher qualified to teach a child of his or her age, if the child does not have a regular teacher; or

• An individual qualified by the Texas Education Agency (TEA) to teach a child of his or her age, for a child of less than school age.

A teacher is required to attend a reading academy if the teacher provides instruction in reading, mathematics, science, or social studies to children at the sixth, seventh, or eighth grade level at a campus that fails to satisfy any standard under the TEA's standards for evaluating campus performance on the basis of performance on the Texas Assessment of Knowledge and Skills (TAKS) reading assessment instrument administered to children in any grade level at the campus.

• The instructional strategies used and the child-centered data collected; and

• The documentation that the child's parents were notified about:

• The State's policies regarding the amount and nature of performance data of the child that would be collected and the general education services that would be provided;

• Strategies for increasing the child's rate of learning; and

• The parents' right to request an evaluation.

In determining whether a child has an SLD, the group must decide to either:

• Use information from an observation in routine classroom instruction and monitoring of the child's performance that was done before the child was referred for an evaluation; or

• Have at least one member of the group conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and CONSENT is obtained from the PARENT.

•  The relevant behavior, if any, noted during the observation of the child; and

• The relationship of that behavior to the child's academic functioning.

CRITERIA

A child may be considered to be a child with an SLD if:

• The child does not achieve adequately for the child's age or to meet State-approved grade-level standards, in one or more of the following areas:

• Oral expression;

• Listening comprehension;

• Written expression;

• Basic reading skill;

• Reading fluency skills;

• Reading comprehension;

• Mathematics calculation; or

• Mathematics problem solving;

• The child's lack of adequate achievement is indicated by performance on multiple measures:

• Such as:

• In-class tests;

• Grade average over time (e.g., six weeks, semester);

• Norm- or criterion-referenced tests;

• Statewide assessments; or

• A process based on the child's response to scientific, research-based intervention;

• The child does not make sufficient progress under the additional criteria of an RTI MODEL or the child meets the additional criteria under a PATTERN OF STRENGTHS OF WEAKNESSES MODEL;

• The child's lack of adequate achievement is not primarily the result of EXCLUSIONARY FACTORS;

• The child's lack of adequate achievement is not due to a DETERMINANT FACTOR;

• The child has an SLD which means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself 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, dyslexia, and developmental aphasia; and

• By reason of the SLD, the child needs special education and related services.

RTI MODEL

• Repeated, curriculum-based assessments of achievement;

• At reasonable intervals; and

• Reflecting progress of the child during classroom instruction.

• The child does not make sufficient progress to meet age or State-approved grade-level standards when provided a process based on the child's response to scientific, research-based intervention:

• As indicated by the child's performance relative to the performance of the child's peers.

PATTERN OF STRENGTHS AND WEAKNESSES MODEL

• The child exhibits a pattern of strengths and weaknesses in:

• Performance;

• Achievement; or

• Both;

• The pattern is relative to:

• Age;

• State-approved grade-level standards; or

• Intellectual development;

• The pattern is evident 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; and

• The pattern is relevant to the identification of a specific learning disability using appropriate assessments.

• A visual, hearing, or motor disability;

• Mental retardation;

• Emotional disturbance;

• Cultural factors;

• Environmental or economic disadvantage; or 

• Limited English proficiency.

The group must determine that its findings are not primarily the result of:

• A visual, hearing, or motor disability;

• Mental retardation;

• Emotional disturbance;

• Cultural factors;

• Environmental or economic disadvantage; or

• Limited English proficiency.

DETERMINANT FACTOR

• Data that demonstrate that prior to, or as a part of, the referral process, the child was provided with instruction which was:

• Delivered by qualified personnel;

• Within regular education settings;

•  Appropriate in the area of reading; and/or

• Appropriate in the area of mathematics;

• Data-based documentation of repeated assessments of achievement:

• At reasonable intervals;

• Reflecting formal evaluation of progress of a child during instruction; and

• Which was provided to the child's parents.

• RTI progress monitoring results;

• In-class tests on grade-level curriculum; or

• Other regularly administered assessments.

CONCLUSION

• Whether the child has an SLD;

• The basis for making the determination, including an assurance that the determination has been made in accordance with the EVALUATION PROCEDURES; and

• The educationally relevant medical findings, if any.