Intellectual Disability
KAR 91-40-1 (oo) "Intellectual Disability" means significantly sub-average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which adversely affects a child’s educational performance.

Exclusionary Criteria:
A child must NOT be determined to be a child with an exceptionality if the determinant factor is: Exclusionary Factor How to Evaluate Evidence shows that the student’s previous reading instruction  Lack of appropriate instruction in reading, and curriculum addressed phonemic awareness, phonics, including the essential components of reading vocabulary development, reading fluency (including oral reading instruction (defined in section 1208(3) of the skills), and reading comprehension strategies. This evidence may ESEA(NCLB); come from; (a) an evaluation of the school’s basal curriculum and supplemental materials, and (b) that the student actually received instruction provided by highly qualified teachers using appropriate basal curriculum and supplemental materials. For a child three to five years old, who is not yet enrolled in kindergarten, teams should consider “appropriate instruction” as the child’s participation in appropriate activities. This evidence may come from interviews with family and other caregivers and through observation in the child’s natural environment that indicates whether or not the child has been exposed to activities appropriate for his/her age. Evidence shows that the student’s previous math instruction and  Lack of appropriate instruction in math; or curriculum addressed math calculation, problem solving, and conceptual understanding. This evidence may come from; (a) an evaluation of the school’s basal curriculum and supplemental materials, and (b) that the student actually received instruction provided by highly qualified teachers using appropriate basal curriculum and supplemental materials. For a child three to five years old, who is not yet enrolled in kindergarten, teams should consider “appropriate instruction” as the child’s participation in appropriate activities. This evidence may come from interviews with family and other caregivers and through observation in the child’s natural environment that indicates whether or not the child has been exposed to activities appropriate for his/her age. If the student being evaluated is an English Language Learner,  Limited English proficiency; and show evidence that the student was provided with appropriate accommodations and interventions to address it. Consider things such as proficiency in English and in the student’s native language, amount of time in the country, level of education in the student’s native country, etc. Also consider whether the student’s rate of learning is different from those of similar language background and educational experience. If, in spite of appropriate accommodations and interventions, the student’s learning difficulties persist, this factor is ruled out.  the child does not otherwise meet the eligibility Evidence shows that the student’s learning difficulties are due to factors other than those associated with the criteria for disabilities criteria as a child with an exceptionality as defined in IDEA. For example, frequent moves, incarceration, substance abuse, etc.

Special Education Services Kansas State Department of Education

August 2012

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Prong 1: Does the student exhibit an exceptionality? Indicators For meeting this prong of eligibility, the team must consider information and have data to support at least 1 indicator from each of the four following categories: 1. Information relating to sub-average general intellectual functioning  Student’s rate of learning, as measured by progress monitoring, is markedly different from peers.  Student’s score is two or more standard deviations below the mean on an individually administered, standardized, norm-referenced test of intellectual ability. 2. Information related to deficits in adaptive behavior  Records, interviews, and/or observations indicate student exhibits deficits in adaptive skill areas.  Measures of adaptive behavior skills indicate significant deficits in two or more areas. 3. Information related to initial occurrence during the developmental period  Records and/or interviews indicate deficits in adaptive behavior and low intellectual functioning were manifested during the developmental period.  Records, interviews, and/or observations indicate adaptive behavior deficits have occurred over an extended period of time. 4. Evidence of Adverse Effects on Educational Performance  Records, interviews, and/or observations indicate child’s level of educational performance has been significantly below age or state-approved grade level standards.  Student’s performance is significantly below age or state-approved grade level standards when measured on benchmark assessments, curricular objectives, or state assessments.  Measures of academic achievement indicate significant delays across subject areas. Other Supporting Information Records indicate a medical diagnosis of mental retardation Prong 2: Does the child need special education? Indicators  Despite modifications in instruction, curriculum and environment, student’s rate of learning is significantly less than peers.  Despite modifications in instruction, curriculum and environment, student’s educational performance in various age appropriate environments is significantly below age or state-approved grade level standards.  Despite modifications in instruction, curriculum and environment, student’s adaptive behavior skills in various age appropriate environments is significantly delayed from peers.  Despite modifications of instruction, curriculum, and environment, the student does not make sufficient progress to meet age or state-approved grade-level standards across curricular areas.  Student progress monitoring data show that the student’s behavior of concern is resistant to targeted supplemental and intensive interventions.  Student progress monitoring data of increasingly customized and individually tailored instruction and intervention indicate that the student needs specially designed instruction to access the general curriculum.\  The interventions needed to obtain an adequate level of performance or adequate learning rate are too demanding to be implemented with integrity without special education and related services.  Despite implementation of intensive interventions, which include purposeful instructional design and delivery, prioritized content, protected time and grouping, and performance monitoring, the student does not make sufficient progress to meet age or state-approved grade-level standards in one or more areas. For a child three to five years old, who is not yet enrolled in kindergarten.  Child data indicate that a need for intense or sustained resources exists across settings, people, or situations.  Child data indicate that the disability has a substantial negative impact on the child’s ability to participate in age appropriate activities.

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August 2012

Special Education Services Kansas State Department of Education