Response to i n tervention rti masfps lansing michigan november 2008
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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 [email protected] 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

Response to Intervention (rti)MASfpsLansing, MichiganNovember, 2008

Leigh Manasevit

Brustein & Manasevit

3105 South Street NW

Washington, DC 20007

(202) 965- 3652

[email protected]

Response to intervention

Response to Intervention

How it may be part of a federal program

Response to intervention rti

Response to Intervention-RTI-

What is it?

What are the implications for Federal Fund expenditures?

Rti what is it
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 iii1
Title III

  • Who are eligible Title III students?

    • Limited English Proficient Students

General considerations
General Considerations


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

Rti general considerations
RTI General Considerations

Supplement NOT Supplant

  • EIS

  • LEA Flow Through

  • Title I Targeted Assistance

  • Title I Schoolwide

Rti general supplement not supplant
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 supplant1
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 supplant2
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 supplant3
RTI General Supplement NOT Supplant


  • Flow Through Rules

    • Normal non-supplant apply

    • Caution – remember IDEA non-supplant INCLUDES Federal

Rti general supplement not supplant4
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 supplant5
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 supplant6
RTI General Supplement NOT Supplant

  • Title III

    • Supplement State, Local andFederal Funds

Supplant caution
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.