Response to I n tervention (rti) MASfps Lansing, Michigan November, 2008

1. Response to Intervention (rti)MASfpsLansing, MichiganNovember, 2008 Leigh Manasevit Brustein & Manasevit 3105 South Street NW Washington, DC 20007 (202) 965- 3652 www.bruman.com lmanasevit@bruman.com

2. Response to Intervention How it may be part of a federal program

3. Response to Intervention-RTI- What is it? What are the implications for Federal Fund expenditures?

4. RTI: What Is It? • 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? • Predicts At Risk students • Provides early and individualized research based interventions • May avoid over identification as disabled

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

7. RTI – Implications for Federal Funds • 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: • IDEA • NCLB Title I, Part A • Title III

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

10. RTI • 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 • RTI for EIS eligible students • Additional Behavior / Education Support Success Evaluation for IDEA

12. RTI 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 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 Title I, Part A programs • Targeted Assistance • Schoolwide

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

16. Targeted Assistance Schools (TAS) • 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 • 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 • 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.) • Coordinate with regular ed program • Highly qualified teachers • Professional development • Parental involvement • Coordinate with other federal, state, and local services and programs

20. Schoolwide • 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 • 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 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.) 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 • 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: • 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 • 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 • Who are eligible Title III students? • Limited English Proficient Students

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

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

30. RTI General Supplement NOT Supplant Presume supplanting in 3 situations: • Used federal funds to provide services the SEA or LEA is required to make available under other federal, state or local laws • 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 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 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 IDEA • Flow Through Rules • Normal non-supplant apply • Caution – remember IDEA non-supplant INCLUDES Federal

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

35. RTI General Supplement NOT Supplant • 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 • Title III • Supplement State, Local andFederal Funds

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

38. Questions???

39. This presentation is intended solely to provide general information and does not constitute legal advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct.  Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit does not create an attorney-client relationship with Brustein & Manasevit.  You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.