PowerPoint and handout from this workshop are available at:

1. Establishing RTI Guidelines to Diagnose Learning Disabilities: What CSE Chairpersons Should KnowJim Wrightwww.interventioncentral.org

2. PowerPoint and handout from this workshop are available at: http://www.interventioncentral.org/Lake_Placid.php

3. Essential Elements of RTI (Fairbanks, Sugai, Guardino, & Lathrop, 2007) • A “continuum of evidence-based services available to all students" that range from universal to highly individualized & intensive • “Decision points to determine if students are performing significantly below the level of their peers in academic and social behavior domains" • “Ongoing monitoring of student progress" • “Employment of more intensive or different interventions when students do not improve in response" to lesser interventions • “Evaluation for special education services if students do not respond to intervention instruction" Source: Fairbanks, S., Sugai, G., Guardino, S., & Lathrop, M. (2007). Response to intervention: Examining classroom behavior support in second grade. Exceptional Children, 73, p. 289.

4. LD Eligibility: Random Concerns About CSE Decision-Making • The CSE still relies almost entirely on the test-score discrepancy formula in determining LD and does not give adequate weight to RTI information presented. • The CSE fails to find a disability, citing a lack of evidence that the student failed to respond to instructional interventions. However, the CSE does not specify what RTI evidence it is looking for or the format in which that evidence should be presented. • The CSE is inconsistent. On one day, it gives substantial weight to RTI information to make an LD eligibility decision. On the next day, the CSE focuses primarily on test score discrepancies and ‘processing deficits’.

5. What previous approach to diagnosing Learning Disabilities does RTI replace? Prior to RTI, many states used a ‘Test-Score Discrepancy Model’ to identify Learning Disabilities. • A student with significant academic delays would be administered an battery of tests, including an intelligence test and academic achievement test(s). • If the student was found to have a substantial gap between a higher IQ score and lower achievement scores, a formula was used to determine if that gap was statistically significant and ‘severe’. • If the student had a ‘severe discrepancy’ [gap] between IQ and achievement, he or she would be diagnosed with a Learning Disability.

6. Learning Disabilities: Test Discrepancy Model “Traditionally, disability is viewed as a deficit that resides within the individual, the severity of which might be influenced, but not created, by contextual variables.”(Vaughn & Fuchs, 2003)

7. Limitations to the ‘test-score discrepancy model’ (Gresham, 2001): • Requires chronic school failure BEFORE remedial/special education supports can be given. • Fails to consider that outside factors such as poor or inconsistent instruction may contribute to a child's learning delay. • A ‘severe discrepancy’ between test scores provides no useful information about WHY the student is doing poorly academically. • Different states (and even school districts within the same state) often used different formulas to diagnose LD, resulting in a lack of uniformity in identifying children for special education support.

8. Avg Classroom Academic Performance Level Discrepancy 1: Skill Gap (Current Performance Level) Discrepancy 2: Gap in Rate of Learning (‘Slope of Improvement’) Target Student ‘Dual-Discrepancy’: RTI Model of Learning Disability(Fuchs 2003)

9. NYSED Part 100 Regulations: General school requirements. • Response to intervention programs. • A school district's process to determine if a student responds to scientific, research-based instruction shall include the following minimum requirements… • the application of information about the student's response to intervention to make educational decisions about changes in goals, instruction and/or services and the decision to make a referral for special education programs and/or services • A school district shall select and define the specific structure and components of the response to intervention program, including, but not limited to, the criteria for determining the levels of intervention to be provided to students, the types of interventions, the amount and nature of student performance data to be collected and the manner and frequency for progress monitoring. Source: New York State Education Department. (n.d.). Part 100.2 general school requirements: Response to intervention programs. Retrieved on November 30, 2008, from http://www.emsc.nysed.gov/part100/pages/1002.html#ii

10. NYSED Part 200 Regulations: LD Definition. 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, as determined in accordance with section 200.4(j) of this Part. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural or economic disadvantage. Source: New York State Education Department. (n.d.). Part 200 of the Commissioner’s Regulations. Retrieved on March 14, 2008, from http://www.vesid.nysed.gov/specialed/publications/lawsandregs/coverpage.htm

12. Using RTI to Determine Special Education Eligibility: Building the Foundation • Ensure Tier 1 (Classroom) Capacity to Carry Out Quality Interventions. The classroom teacher is the ‘first responder’ available to address emerging student academic concerns. Therefore, general-education teachers should have the capacity to define student academic concerns in specific terms, independently choose and carry out appropriate evidence-based Tier 1 (classroom) interventions, and document student response to those interventions.

13. Tier 1 (Classroom) Interventions: Building Your School’s Capacity  Identify Specific Grade- or Schoolwide Academic & Behavioral Referral Concerns.  Inventory Tier 1 Interventions Already in Use.  Create a Standard Menu of Evidence-Based Tier 1 Intervention Ideas for Teachers.  Establish Tier 1 Coaching and Support Resources.  Provide Classroom (Tier 1) Problem-Solving Support to Teachers.  Set Up a System to Locate Additional Evidence-Based Tier 1 Intervention Ideas.  Create Formal Guidelines for Teachers to Document Tier 1 Strategies.  Develop Decision Rules for Referring Students from Tier 1 to Higher Levels of Intervention.

14. Using RTI to Determine Special Education Eligibility: Building the Foundation • Collect Benchmarking/Universal Screening Data on Key Reading and Math (and Perhaps Other) Academic Skills for Each Grade Level. Benchmarking data is collected on all students at least three times per year (fall, winter, spring). Measures selected for benchmarking should track student fluency and accuracy in basic academic skills that are key to success at each grade level.

15. Using RTI to Determine Special Education Eligibility: Building the Foundation • Hold ‘Data Meetings’ With Each Grade Level. After each benchmarking period (fall, winter, spring), the school organizes data meetings by grade level. The building administrator, classroom teachers, and perhaps other staff (e.g., reading specialist, school psychologist) meet to: • review student benchmark data. • discuss how classroom (Tier 1) instruction should be changed to accommodate the student needs revealed in the benchmarking data. • select students for Tier 2 (supplemental group) instruction/intervention.

16. Tier 2: Supplemental (Group-Based) Interventions Tier 2 interventions are typically delivered in small-group format. About 15% of students in the typical school will require Tier 2/supplemental intervention support. Group size for Tier 2 interventions is limited to 4-6 students. Students placed in Tier 2 interventions should have a shared profile of intervention need. The reading progress of students in Tier 2 interventions are monitored at least 1-2 times per month. Source: Burns, M. K., & Gibbons, K. A. (2008). Implementing response-to-intervention in elementary and secondary schools. Routledge: New York.

18. Using RTI to Determine Special Education Eligibility: Creating Decision Rules • Establish the Minimum Number of Intervention Trials Required Prior to a Special Education Referral. Your district should require a sufficient number of intervention trials to definitively rule out instructional variables as possible reasons for student academic delays. Many districts require that at least three Tier 2 (small-group supplemental) and/or Tier 3 (intensive, highly individualized) intervention trials be attempted before moving forward with a special education evaluation.

19. Using RTI to Determine Special Education Eligibility: Creating Decision Rules • Determine the Minimum Timespan for Each Tier 2 or Tier 3 Intervention Trial. An intervention trial should last long enough to show definitively whether it was effective. One expert recommendation (Burns & Gibbons, 2008) is that each academic intervention trial should last at least 8 instructional weeks to allow enough time for the school to collect sufficient data to generate a reliable trend line.

20. Using RTI to Determine Special Education Eligibility: Creating Decision Rules • Define the Level of Student Academic Delay That Will Qualify as a Significant Skill Discrepancy. Not all students with academic delays require special education services; those with more modest deficits may benefit from general-education supplemental interventions alone. Your district should develop guidelines for determining whether a student’s academic skills should be judge as significantly delayed when compared to those of peers: • If using local Curriculum-Based Measurement norms, set an appropriate ‘cutpoint’ score (e.g., at the 10th percentile). Any student performing below that cutpoint would be identified as having a significant gap in skills. • If using reliable national or research norms (e.g., reading fluency norms from Hasbrouck & Tindal, 2004), set an appropriate ‘cutpoint’ score (e.g., at the 10th percentile). Any student performing below that cutpoint would be identified as having a significant gap in skills.

21. Using RTI to Determine Special Education Eligibility: Creating Decision Rules • Define the Rate of Student Progress That Will Qualify as a Significant Discrepancy in Rate of Learning. The question of whether a student has made adequate progress when on intervention is complex. While each student case must be considered on its own merits, however, your district can bring consistency to the process of judging the efficacy of interventions by discussing the following factors…

22. Using RTI to Determine Special Education Eligibility: Creating Decision Rules • Define the Rate of Student Progress That Will Qualify as a Significant Discrepancy in Rate of Learning (Cont.). • Define ‘grade level performance’. The goal of academic intervention is to bring student skills to grade level. However, your district may want to specify what is meant by ‘grade level’ performance. Local CBM norms or reliable national or research norms can be helpful here. The district can set a cutpoint that sets a minimum threshold for ‘typical student performance’ (e.g., 25th percentile or above on local or research norms). Students whose performance is above the cutpoint would fall within the ‘reachable, teachable range’ and could be adequately instructed by the classroom teacher.

23. `Estimate the academic skill gap between the target student and typically-performing peers: There are three general methods for estimating the ‘typical’ level of academic performance at a grade level: • Local Norms: A sample of students at a school are screened in an academic skill to create grade norms (Shinn, 1989) • Research Norms: Norms for ‘typical’ growth are derived from a research sample, published, and applied by schools to their own student populations (e.g., Shapiro, 1996) • Criterion-Referenced Benchmarks: A minimum level, or threshold, of competence is determined for an skill. The benchmark is usually defined as a level of proficiency needed for later school success (Fuchs, 2003)

24. Using RTI to Determine Special Education Eligibility: Creating Decision Rules • Define the Rate of Student Progress That Will Qualify as a Significant Discrepancy in Rate of Learning (Cont.). • Set ambitious but realistic goals for student improvement. When an intervention plan is put into place, the school should predict a rate of student academic improvement that is ambitious but realistic. During a typical intervention series, a student usually works toward intermediate goals for improvement, and an intermediate goal is reset at a higher level each time that the student attains it. The school should be able to supply a rationale for how it set goals for rate of student improvement. • When available, research guidelines (e.g., in oral reading fluency) can be used. • Or the school may use local norms to compute improvement goals.

25. Using RTI to Determine Special Education Eligibility: Creating Decision Rules • Define the Rate of Student Progress That Will Qualify as a Significant Discrepancy in Rate of Learning (Cont.). • Decide on a reasonable time horizon to ‘catch’ the student up with his or her peers. Interventions for students with serious academic delays cannot be successfully completed overnight. It is equally true, though, that interventions cannot stretch on without end if the student fails to make adequate progress. Your district should decide on a reasonable span of time in which a student on intervention should be expected to close the gap and reach grade level performance (e.g., 12 months). Failure to close that gap within the expected timespan may be partial evidence that the student requires special education support.

26. Using RTI to Determine Special Education Eligibility: Creating Decision Rules • Define the Rate of Student Progress That Will Qualify as a Significant Discrepancy in Rate of Learning (Cont.). • View student progress-monitoring data in relation to peer norms. When viewed in isolation, student progress-monitoring data tells only part of the story. Even if students shows modest progress, they may still be falling farther and farther behind their peers in the academic skill of concern. Your district should evaluate student progress relative to peers. If the skill gap between the student and their peers (as determined through repeated school-wide benchmarking) continues to widen, despite the school’s most intensive intervention efforts, this may be partial evidence that the student requires special education support.

27. Using RTI to Determine Special Education Eligibility: Creating Decision Rules • Define the Rate of Student Progress That Will Qualify as a Significant Discrepancy in Rate of Learning (Cont.). • Set uniform expectations for how progress-monitoring data are presented at special education eligibility meetings. Your district should adopt guidelines for schools in collecting and presenting student progress-monitoring information at special education eligibility meetings. For example, it is recommended that curriculum-based measurement or similar data be presented as time-series charts. These charts should include trend lines to summarize visually the student’s rate of academic growth, as well as a ‘goal line’ indicating the intermediate or final performance goal toward which the student is working.

28. 3 17 1 20 1 27 1 13 4 14 2 10 2 3 3 3 3 10 3 24 3 31 4 7 2 24 4 11 2 28 2 7 2 14 1 31 3 7 4 18 3 14 3 21 3 28 1 17 4 4 1 24 Tier 3 Intervention: Jared: Intervention Phase 1: Weeks 1-6 X X F 3/7 82 CRW Th 2/27 79 CRW W 1/29 77 CRW Th 2/13 75 CRW M 2/3 75 CRW W 1/22 71 CRW

29. Define the Rate of Student Progress That Will Qualify as a Significant Discrepancy in Rate of Learning. Define the Level of Student Academic Delay That Will Qualify as a Significant Skill Discrepancy. Determine the Minimum Timespan for Each Tier 2 or Tier 3 Intervention Trial. Establish the Minimum Number of Intervention Trials Required Prior to a Special Education Referral. Hold Data Meetings to Make Tier 2 Group Placements for Each Grade Level. Collect Benchmarking/Universal Screening Data for Each Grade Level. Ensure Tier 1 (Classroom) Capacity to Carry Out Quality Interventions. Confidence in Eligibility Decision