Introduction
Use Form ER-2-B only when a student is being reevaluated in the area of Specific Learning Disabilities (SLD). This form is used for reevaluations of students previously found to meet disability category criteria for SLD. If a student was not already identified as having SLD at the time of the reevaluation, and SLD will be considered for the first time, the IEP team should use form ER-2A to document the SLD eligibility decision. All sections and items on this form must be completed. Check each statement with “Yes” or “No” and provide addition supporting information as noted.
Form Content and Explanations
Content: Date of Eligibility Determination. Explanation: Enter the date the IEP team meets and determines whether the student is or continues to be a student with a disability. 34 CFR §§ 300.301 and 300.309; Wis. Stat. § 115.78. In the case of an initial evaluation or a reevaluation, the IEP team must make the eligibility determination within 60 calendar days of receiving parent consent for administering tests and other evaluation materials (see form IE-3 or RE-5) or providing the parent notice that no additional assessments are needed (see form IE-2 or RE-4).
There are three exceptions to the 60-calendar-day evaluation timeline. The exceptions include situations in which (1) the parent of a student repeatedly fails or refuses to produce the student for the evaluation; (2) a student enrolls in a school of another LEA after the 60-calendar-day timeline has begun, but prior to a determination of eligibility or continuing eligibility by the student’s previous LEA, sufficient progress is being made to ensure a prompt completion of the evaluation, and the parent and district agree to a specific time when the evaluation will be completed (see form M-2); or (3) there is a written agreement with the parent to extend the timeline to complete the initial evaluation of a student suspected of having a specific learning disability (see form M-3). The date of eligibility determination also begins the 30-calendar-day timeline within which the IEP team must meet to develop an IEP and determine a student’s placement.
Content: Information specific to reevaluations. Explanation: A student who met initial SLD identification criteria and continues to demonstrate a need for special education, including specially designed instruction, is a student with a continuing disability unless the exclusionary factors now apply. If the student no longer needs special education to address needs resulting from impairment, then the student is no longer a student with a disability under Ch. 115, Wis. Stat., and the Individuals with Disabilities Education Act (IDEA). A student continues to be a student with the impairment of specific learning disability (SLD) who needs special education if all items are marked "YES." If information is addressed elsewhere in the IEP team evaluation report, please reference where the information can be found.
Consideration of Exit Criteria...
Content: The student was previously found eligible as having the impairment of SLD. Explanation: A box must be checked. The date of determination of previous SLD eligibility may be added here. 34 CFR §§ 300.309; and 300.311. This information can also be included in the “Additional Notes “section below.
Content: The student does not perform to generally accepted expectations….Explanation: A box must be checked. The IEP team may wish to include additional information to establish the extent to which the student is meeting general education classroom expectations without specially designed instruction. Examples may include results from assessments of classroom achievement; formal and informal progress data; systematic observation; measures of progress on IEP goals; and summaries of the student’s use of accommodations, supports in general education, and specially designed instruction needed by the student. Discussion of student performance in relation to same grade peers may be included. This information can be included in the “Additional Notes “section below.
Content: The student’s parents were informed about the amount and nature….Explanation: The box must be checked to ensure compliance with this requirement. IEP teams may wish to add information about the particular interventions used including names of interventions, dates used, etc., if not documented elsewhere in the report. Districts should put systems in place to ensure SRBIs and Progress Monitoring data meet the standards in the rule whenever the data will be used to make an SLD eligibility decision. Information should be made available to the team as needed to document SRBIs were appropriately implemented prior to the IEP team evaluation meeting. This information can also be included in the “Additional Notes “section below.
Content: The student continues to need special education to address needs resulting from the impairment of SLD. Explanation: A box must be checked. The IEP team may wish to provide data about student needs that require specially designed instruction, aids and supports for the student to maintain a reasonable rate of academic progress. Examples may include a summary of the student’s success or lack of success in general education classes without additional instruction, such as pre-teaching/re-teaching or supplemental specially designed instruction, and evidence of need for specific accommodations and supports to complete general education expectations. This information can be included in the “Additional Notes” section below.
Content: Reason for determination including data used (document on model forms ER-1 Evaluation Report or explain below). Explanation: This section must be completed. If information is provided elsewhere on this form or in the evaluation report (such as on sample form ER-1 Evaluation Report) a reference to where the information is provided should be noted here.
Consideration of Exclusionary Factors
Content: Yes or No. Explanation: This section must be completed. Check “Yes” if no exclusionary factors apply, or check “No” if one or more factors apply. If “No”, check the factor(s) that apply in the list on the form. 34 CFR §§ 300.309 and 300.311.
Content: Additional Notes (if any). Explanation: This section is optional. Data may be included to support the IEP team decision about whether or not one or more exclusionary factors apply.
Additional Documentation Required When Student is Evaluated for SLD
Content: Relevant behavior noted during observation of the student…Explanation: This section must be completed. The IEP team should summarize the observation data collected during the two required observations (or more if student was observed in more than two settings): during general education classroom instruction and during at least one of the required SRBIs. The information should be specific to how the student performed in the area(s) of achievement concern when observed. Information comparing the student’s observed learning behavior to other students in the class can be helpful.34 CFR §§ 300.309, 300.310, and 300.311.
Content: Educationally relevant medical findings. Explanation: This section must be completed. Check “Yes” OR “No” as appropriate. If “Yes” is checked, additional information is required. The IEP team should summarize the relevant medical findings and their effect on the student’s achievement, particularly in the area(s) of concern.
Disability Category Determination
Check “yes” if the student was previously found eligible as meeting the disability category criteria for specific learning disability and continues to have a disability that adversely affects the student’s educational performance. A student who previously met criteria under the disability category of specific learning disability is not required to meet initial identification criteria upon reevaluation. A student whose disability has an adverse effect on educational performance must be found to require specially designed instruction in order to be eligible for special education. Document the need for specially designed instruction on the ER-1.
Content: Each IEP team participant must sign…Explanation: Each IEP team participant, including the parents, signs the form and indicates if they agree with the team’s conclusion about whether or not the student has a specific learning disability. If any IEP team participant, including the parent, does not agree with the team’s conclusions, then they must also attach a statement reflecting their conclusions. If a parent disagrees with the conclusions of the team and refuses to submit a statement, the LEA cannot compel the parent to do so. The LEA may summarize the parent’s position in writing and indicate the parent refused to submit a separate statement.
Content: Additional Notes (if any). Explanation: The IEP team may wish to include additional information relevant to the eligibility decision here, if not included elsewhere. It may be particularly appropriate to include additional information if the student was not found to meet eligibility criteria to explain why the student was not found eligible and summarize the student’s strengths and relative weaknesses.