Changes to Wisconsin Disability Category Criteriaby the Wisconsin DPI Special Education Team The Individuals with Disabilities Education Act (IDEA) gives states the authority to set the specific requirements and information an Individualized Education Program (IEP) team needs to identify a student who fits any single disability category. In Wisconsin, there are twelve disability categories outlined in state administrative rule PI 11. As of November 2021, recent changes have been approved for the disability category criteria for blind and visual impairment, deaf and hard of hearing, speech or language impairment, and emotional behavioral disability. Furthermore, a new disability category of Deafblind was added to PI 11 and approved. Disability Category Criteria as Part of a Comprehensive Special Education EvaluationWisconsin statutes, rules, and federal regulations address comprehensive special education evaluation. IDEA requires a comprehensive special education evaluation focus not only on identifying at least one disability category for each student, but also requires an evaluation to provide enough information to develop the content of a student’s IEP. This requirement applies to all suspected disability categories. Thus, if only the disability category criteria are used to plan an evaluation, it is unlikely that the IEP team will have the information needed to address all the required elements and document disability as defined by IDEA. For example, the documentation of disability criteria alone is not sufficient to analyze the extent of the effect of the student’s disability on participation in general education or to determine the educational needs of the student as a result of the disability. Thus, to develop IEP goals and identify all of the special education services a student may require to address their disability-related needs, the IEP evaluation team must have existing data at the time of reviewing the data or must collect new information about the student’s present levels of academic and functional skills, effects of the student’s disability, root causes, and disability-related needs that can be used by the IEP team following the evaluation. In sum, IDEA requires evaluating each child with a disability: “The evaluation is sufficiently comprehensive to identify all of the child’s special education and related service needs, whether or not commonly linked to the disability category in which the child has been classified.” This means that special education evaluations do not just result in labeling; they also provide student-specific information useful for educational decision making. For more information on comprehensive evaluations, go to the Wisconsin Department of Instruction (DPI) Comprehensive Special Education Evaluation web page. Documenting Disability and Need for Specially Designed InstructionIn Wisconsin, before an IEP team can decide that a student is eligible to receive special education services, the team must have documentation that the student meets at least one of Wisconsin’s disability category criteria outlined in PI 11. The department has developed criteria worksheets for each disability category to help IEP teams address each required criteria component. In addition to documenting the disability, the IEP team must also determine whether the student requires specially designed instruction. During the evaluation, the team must not only have enough information to decide whether a student meets the disability category criteria, but it must also have enough information to decide whether the student requires specially designed instruction as a result of the disability. A student who does not need specially designed instruction cannot be found eligible to receive special education services. Applying the eligibility criteria for a particular category of disability is not enough to answer the “need for special education” question. To answer this question, the team must be able to identify the individual student’s academic and functional skill needs and the extent of those needs. Before reviewing the following changes to disability category criteria, one of the major shifts in “thinking” about special education evaluations the department hopes to convey is the focus on identifying student “needs” versus primarily focusing on identifying whether a student meets the criteria for a particular disability category. This approach toward conducting special education evaluation is not only a better use of IEP team members’ time and effort, but it also provides more individualized and educationally relevant information to inform general and special education supports moving forward. The below information is intended to be summaries of what principals should know about each of the revisions to Wisconsin disability category criteria. To view the full criteria, go to the Wisconsin DPI Disability Category Criteria Worksheets web page. In addition, see the Wisconsin DPI Disability Category web page to find additional information and resources to assess, identify, and support students in each of Wisconsin’s disability categories. Blind and Visually ImpairedWisconsin’s state rule for the blind and visually impaired begins with the following definition: “Blind and visually impaired means even after correction a child's visual functioning adversely affects educational performance.” The rule then goes on to provide additional details about how to identify a student who is blind or visually impaired. When considering the blind and visually impaired, note the following regarding Wisconsin’s rule:
The following are some additional tips specifically when considering blind and visually impaired criteria when conducting a comprehensive special education evaluation. First, it is a best practice to have a current ocular report that is no more than three years old. Wisconsin DPI created a form PI-2015, Ocular Report for Children with a Known or Suspected Visual Impairment, that IEP teams can use to document the student’s current level of ocular functioning. Note that medical documentation for blindness or visual impairment is not required for a special education referral to be initiated; only the reasons a disability is suspected are required. In addition, because Wisconsin exceeds federal regulations related to required documentation to identify a student as blind and visually impaired, any required medical exams must be done at the public’s expense, meaning the Local Education Agency or school district, must pay for the medical exam. This includes covering any costs for transportation needed for a medical exam. Second, the “teacher of the blind and visually impaired licensed under statute PI 34.051 conducts a functional vision evaluation which includes a review of medical information from an ophthalmologist or optometrist, formal and informal tests of visual functioning, and a determination of the implications of the blindness or visual impairment on the educational and curricular needs of the child.” As the LEA, you should be aware of the document: Roles and Responsibilities of the TVI and O&M located on the Blind and Visually Impaired page on the DPI’s website. A Functional Vision Assessment (FVA) must include the following:
Third, the Learning Media Assessment can assist in determining the most appropriate learning media for the student, including the need for Braille instruction. Note, that for Braille provision, IDEA states, “In the case of a child who is blind or visually impaired, [the IEP team must] provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child” (34 CFR § Sec. 614(d)(3)(B)(iii)). Fourth, the Expanded Core Curriculum (ECC) for students who are blind or visually impaired can greatly assist IEP teams in determining a student’s present levels of performance. More information about these assessments can be found on the Wisconsin DPI Blind and Visually Impaired web page, as well as how to contact the Wisconsin Center for the Blind and Visually Impaired with questions. Deaf and Hard of HearingWisconsin’s state rule for deaf and hard of hearing begins with the following definition: “Deaf and hard of hearing means a decreased ability to detect sound in one or both ears with or without amplification, whether permanent or chronically fluctuating, which adversely affects a child’s educational performance. This includes academic performance, speech perception, speech production, or communication including language acquisition or expression.” The rule then goes on to provide additional details about how to identify a student who is deaf or hard of hearing. When considering deaf and hard of hearing criteria, note that Wisconsin’s rule:
In addition, the rule language requires that a student’s decreased ability to detect sound in one or both ears with or without amplification, whether permanent or chronically fluctuating, must be found to adversely affect the student’s educational performance in order for a student to meet criteria under the disability category of deaf and hard of hearing. That is, IEP team must identify how educational performance is adversely affected by considering the effects in any of the following areas:
Note that only one of these four areas must be checked “Yes,” but more may be checked “Yes” if applicable. The following are some additional tips specifically when considering deaf and hard of hearing criteria when conducting a comprehensive special education evaluation: First, keep in mind that data or evidence should identify how a student is able to access, engage, and make progress in the general education curriculum, as well as areas of need associated with the Expanded Core Curriculum specific to students who are deaf and hard of hearing, as previously defined. The Expanded Core Curriculum targets areas of functional skill development that are required of students who are deaf or hard of hearing to access the general education curriculum and achieve the Wisconsin Academic Standards. The individual areas of focus for the Expanded Core Curriculum include Communication and Language, Social and Emotional Development, Resources and Technology, Environmental Management, and Transition. The Deaf and Hard of Hearing Expanded Core Curriculum may help identify other skills such as self-advocacy and use of listening technology that must be met for the student to access, engage, and make progress in general education. In addition, when assessing students, specific areas of academic performance, speech perception, speech production, or communication should be addressed across different school environments and conditions, such as in a quiet versus noisy setting, in close proximity versus a distance, small versus large group, face to face versus virtual formats, and in different settings such as classroom, lunchroom, playground, and so forth. DeafblindWisconsin DPI proposed a rule change to include deafblind as a new disability category, and this new category went into effect on August 1, 2021. This Wisconsin DPI rule change begins by stating, “Deafblind means concomitantly deaf or hard of hearing and blind or visually impaired, the combination of which causes severe communication and other developmental and educational needs such that the individual disability-related needs of the student extend beyond the instruction and supports required for a student who is solely deaf or hard of hearing or blind or visually impaired.” Concomitant means co-occurrence of a hearing and visual impairment at the same time. The following are a few areas we want to highlight that may be overlooked, are critically important to focus on, or that we receive questions frequently about at Wisconsin DPI:
If a student does not meet both criteria, a student can still meet the deafblind criteria through the following means:
OR
OR
In addition to understanding components of the deafblind criteria, IEP teams should also know of free state and federally funded resources that support the identification and services for students who are deafblind in Wisconsin. The Wisconsin Deafblind Technical Assistance Project (WDBTAP) is a federally funded technical assistance project through the Office of Special Education Programs (OSEP) and the United States Department of Education. Wisconsin DPI coordinates this grant through the Wisconsin Education Services Program for the Deaf and Hard of Hearing (WESP-DHH). WDBTAP’s free technical assistance can support families, school districts, and agencies through training, consultations, and resources. For more information go to the Wisconsin Deafblind Technical Assistance Project website. If deaf or blindness is suspected, the educational team may contact the WDBTAP or the Deaf and Hard of Hearing Outreach Program for assistance with identifying appropriate assessments. The WDBTAP is responsible for child find and child count for the Wisconsin Department of Public Instruction and can help schools and districts with the identification of students who may qualify to receive special education services as deafblind. WDBTAP supports children aged from birth to 21. Emotional Behavioral DisabilityWisconsin revised the administrative rule for identifying a student with an emotional behavioral disability. The new rule goes into effect starting December 1, 2021, and all referrals on or after December 1, 2021, must use the revised criteria. The revised criteria defines emotional behavioral disability as “a condition in which a child demonstrates frequent and intense observable behaviors, either over a long period of time or of sudden onset because of an emerging mental health condition which includes a diagnosis by a licensed mental health professional, which adversely affects the child’s educational performance. The behaviors shall occur in an academic setting in school, in a nonacademic setting in school and in the child’s home or community.” When considering an emotional behavioral disability, Wisconsin’s rule defines the characteristics in clearly defined, observable, and measurable terms:
Wisconsin’s rule for identifying a student with an emotional behavioral disability requires objective assessments and data, allowing teams to focus on the student’s strengths and disability-related needs and limiting subjectivity and potential bias. The assessments and data sources required to document the characteristics of an emotional behavioral disability are intended to do the following:
Additional requirements were added to the rule that assist IEP teams to do the following:
The rule also provides an opportunity for student voice and choice when making an identification whenever possible, here by recommending the addition of specific staff member chosen by the student to provide adult perspective on the student’s strengths and assets, as well as to reduce the impact of implicit or explicit bias and reporter bias. Speech or Language ImpairmentWisconsin’s state rule begins with the following definition: “Speech or Language Impairment means an impairment of speech or sound production, voice, fluency, or language that adversely affects educational performance or social, emotional or vocational development.” The rule then goes on to provide additional details about how to identify a student with a speech or language impairment. When considering a speech or language impairment note that Wisconsin’s rule:
The following are some additional tips specifically when considering speech or language impairment criteria when conducting a comprehensive special education evaluation. Speech-language pathologists are encouraged to utilize the Comprehensive Assessment Model that Wisconsin adopted, with permission, from the Virginia Department of Education. This model illustrates that a comprehensive assessment requires a variety of assessment tasks to be conducted. For example, norm-referenced tests are only one-fourth of the model. Collecting information from other quadrants (academic activities, SLP probes, contextualized assessments) ensures IEP teams consider the natural environment and the student’s performance within that environment. Speech-language pathologists must partner with classroom teachers and review how the student is currently performing across contexts. Speech-language pathologists need to also use “speech-language probes” and take detailed case histories, interviewing families, and educators who know the student best. Speech-language probes include language samples, stimulability testing, and dynamic and play-based assessment. Documentation of Disability CategoryAll determinations of disability categories require documentation, regardless of the disability categories a student does or does not meet. Before an IEP team can decide that a student is eligible to receive special education services, the team must have documentation that the student meets at least one of Wisconsin’s disability category criteria outlined in PI 11.36. Wisconsin DPI has developed optional “disability category criteria worksheets” to assist IEP teams with this documentation. These worksheets have recently been revised to align with the requirements outlined for all the disability categories in Wisconsin state rules. We reorganized the worksheets to match the flow of discussion in an IEP team meeting. The revised worksheets also include an additional emphasis that a student meeting any of the criteria must have an adverse effect on the student’s educational performance. That is, IEP teams must not only document that a student meets any of the criteria, but also document that the delay or difference adversely affects the student educationally, socially, or emotionally. Determining that there must be an educational impact on the student is a requirement in both state rule and federal special education regulations for a student to be identified as having a disability and resulting in a need for special education. A major revision made to each of the criteria worksheets was to include a prompt and space for documentation of how a student meets—or did not meet—each component of the criteria for a disability category as outlined in PI 11.36. That is, it is important for IEP teams to document the rationale for why a box is checked “yes” or “no.” This helps to ensure the IEP team has discussed each of the prompts and given thoughtful consideration before checking a box. It also provides documentation for future reference, if needed, such as in the case of a complaint investigation. DPI encourages IEP teams not to “duplicate” information found elsewhere in an individual teacher’s or specialist’s assessment report. Therefore, the evidence provided for this documentation should be the following:
Some IEP teams also attach the full summary of any individual assessments conducted as part of the collection of additional information during the evaluation. The purpose of documentation on the disability category criteria is not to duplicate the information in individual reports but rather to summarize findings based on IEP team analysis and discussion, thus making it clear to everyone on the IEP team how a student meets—or does not meet—the disability criteria. Beginning in fall 2022, these optional worksheets will become required IEP forms. Thus, IEP teams are encouraged to become familiar with using the worksheets during the 2021–22 school year. Although use of the worksheets is optional this school year, applying the new criteria described above and documenting if a student meets the criteria for any disability category is not optional. The criteria included on each worksheet reflect the current language in the rule (PI 11.36). DPI will have another webinar in the spring of 2022 in anticipation of the worksheets becoming required IEP forms for the 2022–23 school year. At that time, we will provide additional guidance on the required documentation. For now, you can find guidance on each of the disability category webpages. Summary As IEP teams review updated disability category criteria, they must remember this is only one part of a comprehensive special education evaluation. That is, each initial evaluation or re-evaluation should be able to identify all of the student’s disability-related needs whether or not they are commonly linked to any one of Wisconsin’s twelve disability categories. In addition, principals are encouraged to keep in mind that the stronger a school’s and district’s equitable multilevel system of support is, the higher the likelihood that a special education referral will be made when appropriate and the easier it will be to conduct a comprehensive special education evaluation that accurately considers and identifies a student’s category of disability, as well as correctly helping with the student’s developmental and educational needs. Finally, IEP teams should keep in mind that having a need for special education means the student needs specially designed instruction. Hence, if a child meets criteria for a disability category but does not need specially designed instruction, the student is not found eligible for special education and an IEP is not developed for the child. Other supports in regular education, such as a 504 plan, should be considered. |