PI 11.36(5)(b)2. 2. Following consideration of the child’s age, culture, language background, or dialect, the child demonstrates the characteristics of a phonological disorder, which include both of the following:

PI 11.36(5)(b)2.a. a. The child’s intelligibility is below the expected range and not due to influences of home languages or dialect. Intelligibility ratings as documented by school staff or caregivers indicate an impact across environments.

PI 11.36(5)(b)2.b. b. The child’s phonological process use is documented to be non-developmental or outside of the expected developmental range, as evidenced through at least one observation in a natural environment, and by measurement of either the presence of one or more phonological processes occurring at least 40%, significant discrepancy in performance from typical on a norm-referenced assessment, or both.

PI 11.36(5)(b)3. 3. The child’s voice is impaired in the absence of an acute, respiratory virus or infection and not due to temporary physical factors such as allergies, short term vocal abuse, or puberty. Following consideration of the child’s age, culture, language background, or dialect, the child demonstrates characteristics of a voice impairment, which include any of the following:

PI 11.36(5)(b)3.a. a. The child’s vocal volume, including loudness.

PI 11.36(5)(b)3.b. b. The child’s vocal pitch, including range, inflection, or appropriateness.

PI 11.36(5)(b)3.c. c. The child’s vocal quality, including breathiness, hoarseness, or harshness.

PI 11.36(5)(b)3.d. d. The child’s vocal resonance, including hypernasality.

PI 11.36(5)(b)4. 4. The child exhibits characteristics of a fluency disorder, following consideration of the child’s age, language background, culture, and dialect. The evaluation shall include a variety of measures, including case history, observation in natural environment, norm-referenced assessment or disfluency analysis, and result in evidence of atypical fluency. The presence of one or more of the following characteristics shall indicate a fluency disorder:

PI 11.36(5)(b)4.a. a. Speech disfluencies associated with stuttering or atypical disfluency, which include repetitions of phrases, words, syllables, and sounds or dysrhythmic phonations such as prolongations of sounds or blockages of airflow typically in excess of 2% of total syllables, one second of duration, and two or more iterations in a repetition. Non-verbal physical movements, such as eye blinking or head jerking, may accompany the stuttering. Negative feelings about oral communication may be significant enough to result in avoidance behaviors in an attempt to hide or diminish stuttering.

PI 11.36(5)(b)4.b. b. A speech rate that is documented to be rapid, irregular, or both and may be accompanied by sound or syllable omissions, sequencing errors, or a high number of non-stuttering speech disfluencies such as interjections, phrase and whole word repetitions, and revisions. The resulting speech fluency pattern is considered to be significantly disruptive to efficient communication. Negative feelings and attitudes about oral communication may or may not be present under this disfluency profile.

PI 11.36(5)(b)5. 5. Following consideration of the child’s age, culture, language background, or dialect, the child demonstrates a language impairment in the area of language form, content or use, as evidenced through an observation in a natural environment and by measurement of at least two of the following:

PI 11.36(5)(b)5.a. a. Language sample analysis.

PI 11.36(5)(b)5.b. b. Dynamic assessment.

PI 11.36(5)(b)5.c. c. Developmental scales or another criterion-referenced assessment.

PI 11.36(5)(b)5.d. d. Significant discrepancy from typical language skills on a norm-referenced assessment of comprehensive language.

PI 11.36(5)(c) (c) The IEP team may not identify a child as a child with speech or language impairment when differences in speech or language are based on home languages, culture, or dialect unless the child has a speech or language impairment within the child’s home languages, culture, or dialect. In determining whether the child has a speech or language impairment, the IEP team shall consider all of the following:

PI 11.36(5)(c)1. 1. The child’s background knowledge, stage of language acquisition, experience with narratives, and exposure to vocabulary to discern speech or language ability from speech or language difference, such as differences due to lack of exposure, stage of language acquisition, cultural or behavioral expectations.

PI 11.36(5)(c)2. 2. Based on information and data collected, the IEP team must determine whether the child’s speech or language skills are a result of a speech or language impairment or a difference due to culture, language background, or dialect.

PI 11.36(5)(d) (d) In addition to the evaluations under pars. (am) to (c), the IEP team shall evaluate a child’s language by assessing the child’s augmentative and alternative communication skills, when appropriate to determine the child’s needs.

PI 11.36(5)(e) (e) An IEP team shall include the following:

PI 11.36(5)(e)1. 1. A speech-language pathologist licensed under ch. PI 34 who shall incorporate information from the most recent assessment to assist the IEP team in documenting whether the child meets the criteria for a speech or language impairment as well as identifying the child’s speech or language needs.

PI 11.36(5)(e)2. 2. An educator with foundational knowledge in first and second language instruction and second language acquisition if the child is identified as an English Learner under 20 USC 7801 (20).

PI 11.36(5)(f) (f) Upon re-evaluation, a child who met initial identification criteria and continues to demonstrate a need for special education under s. PI 11.35, including specially designed instruction, is a child with a disability under this section.

PI 11.36(6) (6) Specific learning disability.

PI 11.36(6)(a) (a) Specific learning disability, pursuant to s. 115.76 (5) (a) 10., Stats., means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, motor disabilities, cognitive disabilities, emotional disturbance, cultural factors, environmental, or economic disadvantage.

PI 11.36(6)(b) (b) The LEA shall promptly request parental consent to evaluate a child to determine if the child needs special education and related services if, prior to referral, the child has not made adequate progress after an appropriate period of time when provided appropriate instruction in general education settings, delivered by qualified personnel, or whenever the child is referred for an evaluation. The LEA shall meet the timeframes under s. 115.78 (3) (a), Stats., unless extended by mutual written agreement of the child’s parents and IEP team.

PI 11.36(6)(c) (c) The IEP team may identify a child as having a specific learning disability if both of the following apply:

PI 11.36(6)(c)1. 1. ‘Inadequate classroom achievement.’ Upon initial identification the child does not achieve adequately for his or her age, or meet state-approved grade-level standards in one or more of the following eight areas of potential specific learning disabilities when provided with learning experiences and instruction appropriate for the child’s age: oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, and mathematics problem solving. A child’s achievement is inadequate when the child’s score, after intensive intervention, on one or more assessments of achievement is equal to or more than 1.25 standard deviations below the mean in one or more of the eight areas of potential specific learning disabilities. Assessments used under this subdivision shall be individually administered, norm-referenced, valid, reliable, and diagnostic of impairment in the area of potential specific learning disabilities. The 1.25 standard deviation requirement under this subdivision may not be used if the IEP team determines that the child cannot attain valid and reliable standard scores for academic achievement because of the child’s test behavior, the child’s language proficiency, an impairment of the child that interferes with the attainment of valid and reliable scores, or the absence of individually administered, norm-referenced, standardized, valid and reliable diagnostic assessments of achievement appropriate for the child’s age. If the IEP team makes such a determination, it shall document the reasons why it was not appropriate to consider standardized achievement testing, and shall document that inadequate classroom achievement exists in at least one of the eight areas of potential specific learning disabilities using other empirical evidence. The IEP team may consider scores within 1 standard error of the measurement of the 1.25 standard deviation criterion above to meet the inadequate classroom achievement criteria under this subdivision if the IEP team determines the child meets all other criteria.