1. Implications of RtI Implementation for NYS Schools
Barbara Miller
Matthew Giugno
New York State Education Dept.
VESID
(518)
1/1/2019

2. Information Sources Federal Statute (PL 108-446)
Federal Regulations (300 CFR)
State Laws and Regulations
Materials from “National Research Center on Learning Disabilities” (NRCLD)
National Center on Response to Intervention
NASDSE publication on LD/RtI
Other States
1/1/2019

3. Presentation Content IDEA Requirements
Part 117 Regulations (Screening)
Part 100 Regulations (pre K -12)
Part 200 Regulations (Special Ed.)
Contracts for Excellence (C4E)
Guidance to School Districts
1/1/2019

4. Why RtI Provides appropriate learning for all students
Uses school-wide progress monitoring
Promotes early identification of potential problems
Uses multiple measures of performance, not measurement at a single point in time
Can be used as a component of LD determination
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5. IDEA Requirements
Procedures to determine LD through RtI (or similar approach):
Evaluation
Data-based progress
Student observation
Written Report
Group determination of disability
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6. Regulatory Amendments
Part 117
Part 100
Part 200
1/1/2019

7. Field Memo
April, 2008
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8. Part 117 117.3 Diagnostic Screening
Screening in literacy, math, motor and cognitive development
Students with low test scores
Review of instructional programs
Periodic monitoring through screenings and on-going assessments
Instruction tailored to meet needs “with increasing intensive levels of targeted intervention and instruction”
Written notification to parents
1/1/2019

9. Amendments to Parts 100 and 200
Section (ii)
Response to Intervention Programs (RtI)
Section (b)
Board of Education Requirements
Section (j) - LD Procedures
Referral
Individual Evaluation
Process for determining eligibility
Criteria for LD determinations
Documentation for eligibility determination
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10. Amendments to Section 100.2 (ii)
Schools may establish RtI as follows:
Appropriate instruction for all students
Scientific research-based reading programs
Screenings
Instruction matched to student need
Increasing levels of intervention
Repeated assessments
Application of information to make decisions
Written notification to parents
Student performance data & gen. ed. services
Strategies to increase learning
Parents right to request evaluation
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11. Amendments to Section 100.2 District selects RtI structure
Criteria to determine levels
Types of interventions
Data to be collected
Progress monitoring
Staff Development to implement RtI
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12. LD Definition Section 200.1(zz)(6)
Learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which manifests itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations…
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13. 200.2
adopt written policy that establishes administrative practices and procedures
which may include a RtI process pursuant to 100.2(ii)
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14. Additional Procedures for Identifying Students with LD
200.4 (j)
Additional Procedures for Identifying Students with LD
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15. Evaluation- 200.4 (j) (1) Variety of assessment tools and strategies
No single procedure
Observation
From routine classroom instruction; or
Arrange to have observation conducted
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16. Evaluation (j) (1)
Underachievement is not due to lack of appropriate instruction, CSE must consider:
Data that demonstrates appropriate instruction in regular education settings delivered by qualified personnel
Data-based documentation of repeated assessments reflecting student progress provided to parents
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17. 200.4 (j) (2) CSE makes determination Gen. Ed. Teacher
Person qualified to conduct diagnostic exams
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18. Criteria – (j) (3)
Student does not achieve adequately for age, or grade level standards in one or more of:
Oral expression
Listening comprehension
Written expression
Basic reading skills
Reading fluency skills
Reading comprehension
Math calculation
Math problem solving, and
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19. Criteria – (j) (3)
Student does not make sufficient progress when using RtI; or
Exhibits patterns of strengths and weaknesses:
Performance, achievement or both
Relative to age, grade-level standards, or intellectual development
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20. Criteria – 200.4 (j) (3) Exceptions
Visual, hearing or motor disabilities
Mental retardation
Emotional disturbance
Cultural factors
Environ. or economic disadvantage; or
LEP
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21. 200.4 (j) (4)
Not prohibited from considering severe discrepancy, except
Not allowed after 7/1/2012 for
K-4
To determine LD in Reading
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22. Documentation – 200.4 (j) (5) Written report includes:
Whether student has LD
Basis for determination
Relevant behavior
Educationally relevant medical findings
Student does not achieve adequately, and
Does not make sufficient progress, or
Exhibits pattern of strengths and weaknesses
Exclusion factors
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23. Documentation – 200.4 (j) (5) If RtI process is used:
Instructional strategies used and data
Parents notified
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24. C4E Allowable Program: Dedicated Instructional Time (100.13 CR)
dedicated block(s) of time created for instruction;
research-based core instructional program;
a response-to-intervention program; and/or
individualized intensive intervention shall be provided.
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25. Guidance Document
Minimum Requirements of a Response to Intervention Program (RTI)
Appropriate Instruction
Screenings Applied to all Students in the Class
Instruction Matched to Student Need
Repeated Assessments of Student Achievement (Progress Monitoring)
Application of Student Information to Make Educational Decisions
Notification to Parents
School District Selection of Specific Structure and Components of an RtI Program
Ensuring Staff Knowledge and Skills Necessary to Implement RtI Programs
Use of Response to Intervention in Determination of Learning Disability
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26. Systemwide School Approach
Integration of general and special ed service delivery
Leadership
Identification of current support systems to support RtI (i.e., PBIS)
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27. Principles of RtI Systemwide school approach
Prevention and Early identification
Universal Screening
Multiple tiers of intervention
Progress monitoring
Decision making process
Design of service delivery model
Parent involvement
Fidelity of implementation
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28. Tools to Guide Implementation
School readiness survey
Identification of screening tools
Identification of research based reading instruction
Decision-making process – problem solving or standard protocol
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29. Tools to Guide Implementation
Implementation of a multi-tiered process
Determination of cut-off points
Progress monitoring and analysis of data
Determination of appropriate interventions
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30. Special Considerations
Cultural
Upper elementary, intermediate and secondary students
ELL students
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31. Professional Development
Collaboration between general and special educators
Changing roles
School leadership
Data gathering and data analysis
Identifying appropriate research-based instruction/interventions
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32. LD Determination Definition of LD
Using data from RtI as part of the comprehensive multidisciplinary evaluation
Criteria to determine LD
Student was provided appropriate instruction
Data from screenings, curriculum based measures and progress monitoring to determine
Performance level
Rate of learning or pattern of strengths and weaknesses
Exclusion factors
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33. Schoolwide Systems 1-5% Academic Behavioral Intensive Interventions
Intensive Individual Interventions
5-10%
Small Group Interventions
Targeted Group Interventions
80-90%
Scientific, Research Based Core Instruction
Universal Interventions
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34. Next Steps RtI Guidance Document RtI TA Center
Grants to schools as pilot sites
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35. Resources/Links www.rti4success.org www.nrcld.org www.ncld.org
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