1. RESPONSE TO INTERVENTION (RTI) MASFPS LANSING, MICHIGAN NOVEMBER, 2008 Leigh Manasevit Brustein & Manasevit 3105 South Street NW Washington, DC 20007 (202) 965- 3652 www.bruman.com lmanasevit@bruman.com 1

2. RESPONSE TO INTERVENTION How it may be part of a federal program 2

3. RESPONSE TO INTERVENTION -RTI- What is it? What are the implications for Federal Fund expenditures? 3

4. RTI: What Is It? 4  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

5. RTI: What Does It Do? 5  Predicts At Risk students  Provides early and individualized research based interventions  May avoid over identification as disabled

6. RTI: Generally Structured into Tiers 6 Tier 3 Tier 2 Tier 1 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 General Education Program- predicts At Risk Students for Tier 2

7. RTI – Implications for Federal Funds 7  WRONG – Can I use federal funds to pay for RTI?  RIGHT – Can RTI be an allowable part of a federally funded program?

8. Examples of Federal Programs Where RTI Might Fit: 8  IDEA  NCLB Title I, Part A  Title III

9. RTI 9 IDEA  Early Intervening Services (EIS) (15% LEA Grant)  Voluntary unless significant dis- proportionality

10. RTI 10  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

11. RTI 11  RTI for EIS eligible students  Additional Behavior / Education Support SuccessEvaluation for IDEA

12. RTI 12 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?

13. RTI 13 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?

14. RTI in Title I, Part A Programs 14 Title I, Part A programs  Targeted Assistance  Schoolwide

15. RTI 15 Title I, Part A  Targeted Assistance  Title I services only for eligible students

16. Targeted Assistance Schools (TAS) 16  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

17. TAS Eligibility 17  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

18. Components of TAS 18  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?

19. Components of TAS (cont.) 19  Coordinate with regular ed program  Highly qualified teachers  Professional development  Parental involvement  Coordinate with other federal, state, and local services and programs

20. Schoolwide 20  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

21. Schoolwide Flexibility 21  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

22. Components of SWP 22 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

23. Components of SWP (cont.) 23 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?

24. Heightened Federal Monitoring on SWP 24  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

25. Close attention to plan development requirements: 25  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

26. Title III 26  Can RTI be a part of a Title III program?  What are allowable activities?  Increasing student academic achievement  Effective instructional strategies  Intensified instruction

27. Title III 27  Who are eligible Title III students? Limited English Proficient Students

28. General Considerations 28 RTI  Scientifically Based Research – instructional or other methodologies paid in Federal Funds – must be based on scientifically Based Research

29. RTI General Considerations 29 Supplement NOT Supplant  EIS  LEA Flow Through  Title I Targeted Assistance  Title I Schoolwide

30. RTI General Supplement NOT Supplant 30 Presume supplanting in 3 situations: 1. Used federal funds to provide services the SEA or LEA is required to make available under other federal, state or local laws 2. 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

31. RTI General Supplement NOT Supplant 31 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

32. RTI General Supplement NOT Supplant 32 IDEA  EIS – must supplement any ESEA EIS services [34 CFR 226(e)]  No supplement not supplant requirement for state/local funds [34 CFR 208 (a)]

33. RTI General Supplement NOT Supplant 33 IDEA  Flow Through Rules Normal non-supplant apply Caution – remember IDEA non-supplant INCLUDES Federal

34. RTI General Supplement NOT Supplant 34 Title I, Part A Targeted Assistance A. Must be a Supplemental Service B. Must be a Supplement Expenditure

35. RTI General Supplement NOT Supplant 35  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 http://www.ed.gov/programs/titleiparta /fiscalguid.doc)

36. RTI General Supplement NOT Supplant 36  Title III Supplement State, Local and Federal Funds

37. Supplant Caution 37 Cannot Provide Title I Schools with Title I Funded Services If Non-Title I Get Same Services (Limited Exception Only)

38. QUESTIONS??? 38

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