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Response to I n tervention (rti) MASfps Lansing, Michigan November, 2008. Leigh Manasevit Brustein & Manasevit 3105 South Street NW Washington, DC 20007 (202) 965- 3652 Response to Intervention . How it may be part of a federal program.

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Response to I n tervention (rti) MASfps Lansing, Michigan November, 2008

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Response to Intervention (rti)MASfpsLansing, MichiganNovember, 2008

Leigh Manasevit

Brustein & Manasevit

3105 South Street NW

Washington, DC 20007

(202) 965- 3652

Response to Intervention

How it may be part of a federal program

Response to Intervention-RTI-

What is it?

What are the implications for Federal Fund expenditures?

RTI: What Is It?

  • Early intervention though a tiered model to provide appropriate instruction

  • Utilization of scientific research based instructional techniques

  • Decision making based on the response to the intervention

RTI: What Does It Do?

  • Predicts At Risk students

  • Provides early and individualized research based interventions

  • May avoid over identification as disabled

RTI: Generally Structured into Tiers

Tier 3

Specialized Highly Individualized Intervention (Instruction)

At Risk LD & SLD-More Intense Support

Identifies Students who do not respond to intervention of Tier 2 and refers to Tier 3

Tier 2

General Education Program-predicts At Risk Students for Tier 2

Tier 1

RTI – Implications for Federal Funds

  • WRONG – Can I use federal funds to pay for RTI?

  • RIGHT – Can RTI be an allowable part of a federally funded program?

Examples of Federal Programs Where RTI Might Fit:

  • IDEA

  • NCLB Title I, Part A

  • Title III



  • Early Intervening Services (EIS) (15% LEA Grant)

  • Voluntary unless significant dis-proportionality


  • EIS-Eligible Student

  • K-12 (Emphasis on K-3) who are not currently identified as IDEA eligible, but who need additional academic and behavioral support


  • RTI for EIS eligible students

  • Additional Behavior / Education Support


Evaluation for IDEA



  • LEA flow through funds (not EIS funds) eligible students – identified as IDEA Eligible (have IEPs)

  • Eligible uses (services) special education and related services consistent with IEP

  • Question: Are the RTI services part of IEP?


NCLB Title I, Part A

  • WRONG - Can I use Title I funds to pay for RTI?

  • RIGHT – Can RTI be part of a Title I, Part A program?

RTI in Title I, Part A Programs

Title I, Part A programs

  • Targeted Assistance

  • Schoolwide


Title I, Part A

  • Targeted Assistance

  • Title I services only for eligible students

Targeted Assistance Schools (TAS)

  • Must identify eligible students:

    • Students failing, or most at risk of failing, to meet the state’s challenging student academic achievement standards

    • Migrant

    • Neglected and Delinquent

    • Homeless

    • Head Start, Even Start, Early Reading First

TAS Eligibility

  • Identifying eligible students:

    • Multiple, educationally related, objective criteria developed by LEA

    • If preschool-grade 2, judgment of teacher, interviews with parents, and other developmentally appropriate means

  • Eligibility is not based on poverty

Components of TAS

  • Use resources to help ID’d students

  • Incorporate into existing planning

  • Effective methods and instructional strategies based on scientifically based research

    • Extended learning time

    • Accelerated, high quality curriculum

    • Minimize removal from classroom during regular hours

    • Does RTI fit here?

Components of TAS (cont.)

  • Coordinate with regular ed program

  • Highly qualified teachers

  • Professional development

  • Parental involvement

  • Coordinate with other federal, state, and local services and programs


  • Consolidate federal, state, and local funds to upgrade the entire educational program

    • Except Reading First

  • Ensure all children meet standards, particularly those most at risk

  • Requirement:

    • 40% poverty

    • Schoolwide plan

Schoolwide Flexibility

  • Exemption from program requirements

    • Not IDEA

    • Other exceptions (health, safety, parental)

  • Must meet “intents and purposes” of program – Does RTI meet intents and purposes of any of the consolidated programs?

  • Not required to ID particular children or provide only extra services

Components of SWP

One year planning period

1.Needs assessment

2.Schoolwide reform strategies that:

a.Increase the amount & quality of learning time (extended year, before- and after-school)

b.Address needs of all, but particularly low-achieving

Components of SWP (cont.)

3.Instruction by “highly qualified” teachers

4.Professional development

5.Strategies to attract high quality teachers

6.Parental involvement

7.Transition from pre-school

8.Include teachers in assessment decisions

9.Timely, effective additional assistance

10.Coordination and integration

Is RTI part of the schoolwide program?

Heightened Federal Monitoring on SWP

  • OIG monitoring:

    • Description of how school implement components

    • Description of how school will use resources to implement

    • List of SEA and LEA programs and other federal programs that will be consolidated

    • Description of how school will provide individual academic assessments results in language parent can understand, including interpretations of results

Close attention to plan development requirements:

  • Developing over one-year period

  • Developed with involvement of parents and other members of the community, including teachers, principals, administrators, etc

  • In effect for duration of school’s participation

  • Available to LEA, parents, and the public in understandable and uniform format

  • If appropriate developed in coordination with RF, ERF, Even Start, Perkins, and Head Start

Title III

  • Can RTI be a part of a Title III program?

  • What are allowable activities?

    • Increasing student academic achievement

    • Effective instructional strategies

    • Intensified instruction

Title III

  • Who are eligible Title III students?

    • Limited English Proficient Students

General Considerations


  • Scientifically Based Research – instructional or other methodologies paid in Federal Funds – must be based on scientifically Based Research

RTI General Considerations

Supplement NOT Supplant

  • EIS

  • LEA Flow Through

  • Title I Targeted Assistance

  • Title I Schoolwide

RTI General Supplement NOT Supplant

Presume supplanting in 3 situations:

  • Used federal funds to provide services the SEA or LEA is required to make available under other federal, state or local laws

  • Used federal funds to provide services the SEA or LEA provided with state or local funds in the prior year

    • Some programs (IDEA, Title V) will presume if used other federal funds in the prior year

RTI General Supplement NOT Supplant

Used Title I, Part A or Migrant Education Program (MEP) funds to provide the same services to Title I or MEP students that the LEA or SEA provides with state or local funds to nonparticipating students

RTI General Supplement NOT Supplant


  • EIS – must supplement any ESEA EIS services [34 CFR 226(e)]

  • No supplement not supplant requirement for state/local funds [34 CFR 208 (a)]

RTI General Supplement NOT Supplant


  • Flow Through Rules

    • Normal non-supplant apply

    • Caution – remember IDEA non-supplant INCLUDES Federal

RTI General Supplement NOT Supplant

Title I, Part A Targeted Assistance

  • Must be a Supplemental Service

  • Must be a Supplement Expenditure

RTI General Supplement NOT Supplant

  • NOT A –

  • Modified B -

    • The LEA must ensure that the SW gets all the State and local funds it would have received were it not a Title I SW school. (E-18 February 2008 Fiscal Guidance

RTI General Supplement NOT Supplant

  • Title III

    • Supplement State, Local andFederal Funds

Supplant Caution

Cannot Provide Title I Schools with Title I Funded Services

If Non-Title I Get Same Services

(Limited Exception Only)


This presentation is intended solely to provide general information and does not constitute legal advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct.  Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit does not create an attorney-client relationship with Brustein & Manasevit.  You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.

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