RTI and Special Education Policy: Burning Questions and Sizzling Answers

Vision: Every child in every district receives the instruction that they need and deserve…every day.

Oregon Response to Intervention

Vision: Every child in every district receives the instruction that they need and deserve…every day.

RTI and Special Education Policy: Burning Questions and

Sizzling Answers

Lisa Darnold, ODEDavid Putnam, OrRTI

Melissa Williams, Ontario SDOrRTI Spring Conference

May 21th, 2014


www.oregonrti.org

Objectives1. Provide an overview of common Q & As regarding SPED policy & RTI• SLD eligibility options in Oregon• Referral• Comprehensive evaluation • Determining adequate instruction in Gen ED • Determining need for Specially Designed Instruction• Legal risks: Child find, refusing to evaluate, evaluation

timeline

2. Answer your questions about RTI and implications for SPED


www.oregonrti.org

Question:

What are the SLD evaluation options in Oregon?


www.oregonrti.org

IDEA Guidance for State Criteria for Evaluating SLD

A State must adopt…criteria for determining whether a child has a specific learning disability. In addition, the criteria adopted by the State: • Must not require the use of a severe discrepancy

between intellectual ability and 34 CFR 300.8(c)(10); • Must permit the use of a process based on the child's

response to scientific, research-based intervention; and• May permit the use of other alternative research-

based procedures for determining whether a child has a specific learning disability, as defined in 34 CFR 300.8(c)(10).


www.oregonrti.org

OARS: SLD Procedures

OARs allow for two methods of SLD identification: • RTI• PSW (“other alternative research-

based procedures”) • Districts must define their process

and criteria for evaluating SLD


www.oregonrti.org

Question:

How do you know when to refer for a SPED evaluation?


www.oregonrti.org

When do you refer: Suspicion of a disability


www.oregonrti.org

Parent Referrals

• The team must consider the referral–Cannot refuse the referral due to RTI (OSEP,

2011)–Can refuse the evaluation if there is good

evidence (i.e., data) indicating the student can be successful with general education supports–Must provide written notice to parents if the

request to evaluate is refused

Parents have a right to make a referral at any time


www.oregonrti.org

Question:Do you need to conduct an evaluation planning meeting?In RTI, don’t you already have everything you need?


www.oregonrti.org

Evaluation Planning Meeting

• Do you need to conduct a Special Education evaluation?

• What additional information you need as a team? (Permission to Evaluate Form)–Get caregiver consent 60 school day timeline

begins• Provide caregiver with Parents Rights

brochure


www.oregonrti.org

Question:

What constitutes a “comprehensive evaluation” in an RTI model?


www.oregonrti.org

Under 34 CFR 300.304, the public agency must ensure: The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities [34 CFR 300.304(c)(4)]

The evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs [34 CFR 300.304(c)(6)]

IDEA Guidance for a Comprehensive Evaluation

Four Primary IDEA Criteria for Evaluating Learning Disabilities1. LowFailure to meet age- or grade-level State standards in one of eight areas when provided appropriate instruction:• Oral expression• Listening

comprehension• Written

expression• Basic reading skill• Reading fluency

skills• Reading

comprehension• Mathematics

calculation• Mathematics

problem solving

2. SlowRTI: Lack of progress in response to scientifically based instruction and intervention

OR

Pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development

3. ExclusionaryLack of progress not primarily the result of:• Vision, hearing,

or motor problems

• Intellectual disability

• Emotional disturbance

• Cultural factors• Economic or

environmental disadvantage

• Limited English proficiency

4. ExclusionaryFor all students:Demonstrate that under achievement is not due to lack of appropriate instruction in reading and math.• Data

demonstrating appropriate instruction

• Repeated assessments of student progress during instruction

Inclusive Observation Exclusive

Specific Learning Disability Adapted fromKovaleski, VanDerHeyden & Shapiro, 2013, p.16


www.oregonrti.org

Three Key Questions With RTI

Slow Progress

Low Skills

Instructional Need

SPED Entitleme

nt Decision

Is the student significantly different from peers?

Does the student make less than adequate progress despite interventions?

Does the student need specially designed instruction?

=Exclusionary Factors


www.oregonrti.org

Question: Is a test of cognitive ability/processing

a required?• “Just doing RTI alone isn’t a

comprehensive evaluation.”• “The definition of SLD itself makes

it necessary to evaluate cognitive processing”

• “You can’t really know/diagnose SLD without a cognitive evaluation.”


www.oregonrti.org

OARS: Comprehensive SLD Evaluation Regardless of Model

a) Academic assessmentb) Review of recordsc) Observation (including regular education

setting)d) Progress monitoring datag) Other:

A. If needed, developmental historyB. If needed, an assessment of cognition, etc.C. If needed, a medical statementD. Any other assessments to determine impact of

disabilityOregon Administrative Rules, 581-015-2170


www.oregonrti.org

“The Department does not believe that an assessment of psychological or cognitive processing should be required in determining whether a child has an SLD. There is no current evidence that such assessments are necessary or sufficient for identifying SLD. Further, in many cases, these assessments have not been used to make appropriate intervention decisions. .…In many cases, assessments of cognitive processes simply add to the testing burden and do not contribute to interventions… ”

(Federal Register, vol. 72, no. 156, p.46651)

Myth: The Definition of SLD Mandates Evaluation of

Cognitive Processing


www.oregonrti.org

Question:

How do you know if “under achievement is not due to lack of appropriate instruction?”

CORE Intervention

All SLD evaluations must include:

“(A) Data that demonstrate that before, or as part of, the referral process, the child was provided appropriate instruction in regular education settings”

RTI

OAR 581-015-2170


www.oregonrti.org

Question:

How do you determine if a child needs SDI?


www.oregonrti.org

What is Specially Designed Instruction?

• Federal Definition: adapting the......... –Content–Methodology

and/or –Delivery of instruction


www.oregonrti.org

What is Specially Designed Instruction?

Additional components: 1. Needs to be truly necessary rather

than merely beneficial2. Designed or implemented by

certified special education personnel3. Not available regularly in general

education


www.oregonrti.org

Need for Special Education services

What does the student need to be successful?


www.oregonrti.org

Question: What is the difference between Tier III

and SPED?• Child has been found to have a

disability and need SDI/SPED (Child-Find requirement)

• Legal entitlements and assurances– Ongoing monitoring & re-evaluation– Parent involvement– Accommodations & related services


www.oregonrti.org

Question:

What are the legal risks of using RTI?


www.oregonrti.org

Myth: RTI will lead to legal trouble, especially with Child Find

LORE: The response to intervention (RTI) approach for identifying students with specific learning disabilities will generate a spate of losing litigation concerning child find under the IDEA.

(Betesh, Brown, Thompson, & Zirkel, 2012)


www.oregonrti.org

Despite “dire predictions” few child find issues with RTI itself

LAW: …thus far no published court decision has specifically concerned RTI and child find, and the few pertinent hearing officer decisions have been deferential to school districts (e.g., Cobb County School District, 2012; Joshua Independent School District, 2010).

(Betesh, Brown, Thompson, & Zirkel, 2012)

IDEA Complaints in Oregon (2012-2013)

From a presentation by ODE representatives at 2013 COSA SPED conference


www.oregonrti.org

Burning Questions and Sizzling Answers

• Quiet Write

• Table Talk & Collect Questions

• Discussion


www.oregonrti.org

Further Questions?David Putnam

Director, Oregon RTI [email protected]

Lisa DarnoldDirector, Regional Programs and Best Practices

Oregon Department of [email protected]

Melissa WilliamsDirector of Instruction and Student Services

Ontario School [email protected]

mailto:[email protected]




Documents

RTI and Special Education Policy: Burning Questions and Sizzling Answers