Transcript Slide 1

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, ODE
David Putnam, OrRTI
Melissa Williams, Ontario SD
OrRTI Spring Conference
May 21th, 2014
Oregon Response to Intervention
Objectives
1. 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
1. Answer your questions about RTI and
implications for SPED
Oregon Response to
www.oregonrti.org
Question:
What are the SLD evaluation
options in Oregon?
Oregon Response to
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).
Oregon Response to
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
Oregon Response to
www.oregonrti.org
Question:
How do you know when to
refer for a SPED evaluation?
Oregon Response to
www.oregonrti.org
When do you refer: Suspicion of a
disability
Oregon Response to
www.oregonrti.org
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
Oregon Response to
www.oregonrti.org
Question:
Do you need to conduct an
evaluation planning meeting?
In RTI, don’t you already
have everything you need?
Oregon Response to
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
Oregon Response to
www.oregonrti.org
Question:
What constitutes a
“comprehensive evaluation”
in an RTI model?
Oregon Response to
www.oregonrti.org
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 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)]
Oregon Response to
www.oregonrti.org
Four Primary IDEA Criteria for
Evaluating Learning Disabilities
1. Low
2. Slow
3. Exclusionary
4. Exclusionary
Failure to meet ageor 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
RTI: Lack of progress
in response to
scientifically based
instruction and
intervention
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
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
Inclusive
OR
Observation
Specific Learning Disability
Exclusive
Adapted from
Kovaleski, VanDerHeyden &
Shapiro, 2013, p.16
Three Key Questions With RTI
Low
Skills
Is the student
significantly
different from
peers?
Slow
Progre
ss
Does the student
make less than
adequate
progress despite
interventions?
Oregon Response to
Instruction
al Need
=
SPED
Entitlement
Decision
Does the student
need specially
designed
instruction?
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.”
Oregon Response to
www.oregonrti.org
OARS: Comprehensive SLD
Evaluation Regardless of Model
a) Academic assessment
b) Review of records
c) Observation (including regular education
setting)
d) Progress monitoring data
g) Other:
A.
B.
C.
D.
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
Oregon Response to
www.oregonrti.org
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)
Oregon Response to
www.oregonrti.org
Question:
How do you know if “under
achievement is not due to
lack of appropriate
instruction?”
Oregon Response to
www.oregonrti.org
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
Question:
How do you determine if a
child needs SDI?
Oregon Response to
www.oregonrti.org
What is Specially
Designed Instruction?
• Federal Definition: adapting the.........
– Content
– Methodology
and/or
– Delivery of instruction
Oregon Response to
www.oregonrti.org
What is Specially
Designed Instruction?
Additional components:
1. Needs to be truly necessary rather than
merely beneficial
2. Designed or implemented by certified
special education personnel
3. Not available regularly in general
education
Oregon Response to
www.oregonrti.org
Need for Special Education services
What does the student need to be
successful?
Oregon Response to
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
Oregon Response to
www.oregonrti.org
Question:
What are the legal risks of
using RTI?
Oregon Response to
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)
Oregon Response to
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)
Oregon Response to
www.oregonrti.org
IDEA Complaints in Oregon (20122013)
From a presentation by ODE representatives at 2013 COSA SPED
Burning Questions and
Sizzling Answers
• Quiet Write
• Table Talk & Collect Questions
• Discussion
Oregon Response to
www.oregonrti.org
Further Questions?
David Putnam
Director, Oregon RTI
[email protected]
Lisa Darnold
Director, Regional Programs and Best Practices
Oregon Department of Education
[email protected]
Melissa Williams
Director of Instruction and Student Services
Ontario School District
[email protected]
Oregon Response to
www.oregonrti.org