RTI and Special Education Policy: Burning Questions and Sizzling Answers

1. RTI and Special Education Policy: Burning Questions and Sizzling Answers Lisa Darnold, ODE David Putnam, OrRTI Melissa Williams, Ontario SD OrRTI Spring Conference May 21th, 2014

2. Objectives • 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 • Answer your questions about RTI and implications for SPED

3. Question: What are the SLD evaluation options in Oregon?

4. 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).

5. 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

6. Question: How do you know when to refer for a SPED evaluation?

7. When do you refer: Suspicion of a disability

8. Parent Referrals • Parents have a right to make a referral at any time • 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

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

10. 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

11. Question: What constitutes a “comprehensive evaluation” in an RTI model?

12. IDEA Guidance for a Comprehensive Evaluation Under 34 CFR 300.304, the public agency must ensure: The child is assessed in all areas related to the suspecteddisability, 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)]

13. Four Primary IDEA Criteria for Evaluating Learning Disabilities • 4. Exclusionary • For 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 • 1. Low • Failure 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. Slow RTI: 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. Exclusionary • Lack 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 Inclusive Observation Exclusive Adapted from Kovaleski, VanDerHeyden & Shapiro, 2013, p.16 Specific Learning Disability

14. Three Key Questions With RTI Exclusionary Factors = Low Skills Slow Progress SPED Entitlement Decision Instructional Need Is the student significantly different from peers? Does the student make less than adequate progress despite interventions? Does the student need specially designed instruction?

15. 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.”

16. OARS: Comprehensive SLD Evaluation Regardless of Model • Academic assessment • Review of records • Observation (including regular education setting) • Progress monitoring data • Other: • If needed, developmental history • If needed, an assessment of cognition, etc. • If needed, a medical statement • Any other assessments to determine impact of disability Oregon Administrative Rules, 581-015-2170

17. Myth: The Definition of SLD Mandates Evaluation of Cognitive Processing “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)

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

19. 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” OAR 581-015-2170 RTI CORE Intervention

20. Question: How do you determine if a child needs SDI?

21. What is Specially Designed Instruction? • Federal Definition: adapting the......... • Content • Methodology and/or • Delivery of instruction

22. What is Specially Designed Instruction? Additional components: • Needs to be truly necessary rather than merely beneficial • Designed or implemented by certified special education personnel • Not available regularly in general education

23. Need for Special Education services What does the student need to be successful?

24. 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

25. Question: What are the legal risks of using RTI?

26. 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)

27. 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)

28. IDEA Complaints in Oregon (2012-2013) From a presentation by ODE representatives at 2013 COSA SPED conference

29. Burning Questions and Sizzling Answers • Quiet Write • Table Talk & Collect Questions • Discussion

30. Further Questions? David Putnam Director, Oregon RTI dputnam@ttsd.k12.or.us Lisa Darnold Director, Regional Programs and Best Practices Oregon Department of Education lisa.darnold@state.or.us Melissa Williams Director of Instruction and Student Services Ontario School District mwilliams@ontario.k12.or.us