Special Education Eligibility Within the Framework of RTI

1. Special Education Eligibility Within the Framework of RTI Wayne Callender Brownbag Presentation October 2008 wayne@partnersforlearning.org

2. Struggling Kids (Math) • Nine-year-olds with math difficulties have, on average, a first-grade level of math knowledge. • Seventeen-year-olds with math difficulties have, on average, a fifth-grade level of math knowledge. • Experts estimate that for every two years of school, children with math difficulties acquire about one year of mathematical proficiency. • Children with math disabilities often reach a learning plateau in seventh grade, and acquire only one year's worth of mathematical proficiency in grades seven through twelve. © 2008

3. Struggling Kids (Reading) • Difficulties in decoding and word recognition are at the core of most reading difficulties. (Lyon, 1997) • Because our language is alphabetic, decoding is an essential and primary means of recognizing words. There are simply too many words in the English language to rely on memorization as a primary word identification strategy. (Bay Area Reading Task Force, 1996) • In a sample of 54 students, Juel found that there was a 88% probability of being a poor reader in fourth grade if you were a poor reader in first grade(Juel, 1988). • Assuming students will ‘catch up’ with practice as usual is not wise. Catching up is a low probability occurrence. • The bottom 20-25% will require a very different kind of effort in both the short and long run. © 2008

4. So...What Has Been the Approach? Disability Categories SED AUT HI SLD MR DF DB VI OI OHI TBI MULT SL

5. Struggling Kids (Special Education) • Up to 80% of SLD students are there because they haven’t learned to read. • Thirty-five percent of children with learning disabilities drop out of high school. • Students in Special Education: • Have less exposure to regular ed. curricula and have fewer regular ed. friends • Academic achievement is no better than like, non-identified peers • Few students in special education ever close the achievement gap, even fewer exit. • Placement in Special Education is a life altering event © 2008

6. President’s Commission on Excellence in Special Education • “What we found was a system in need of fundamental re-thinking…” • Reduce the number of students placed in special education through research-based interventions before referral • Simplify the identification process – “Services first, assessment later” • Incorporate Response to Intervention. Implement models during the identification process that are based on response to intervention and progress monitoring. • President’s Commission on Excellence in Special Education (2002)

7. President’s Commission (Cont.) • The Commission could not identify firm practical or scientific reasons supporting the current classification of disabilities. • “The intent of IDEA is to focus on the effective and efficient delivery of special education. The current system wastes valuable special education resources in determining which category a child fits into rather than providing the instructional interventions a child requires.” • President’s Commission on Excellence in Special Education (2002)

8. ~5% ~15% ~80% of Students The Elementary Problem: TIER 3 Interventions require students to be found “eligible” - “wait to fail” approach - Effectiveness of Tier 3 Interventions? - Few students close the gap - Interventions often initiated late and or not effective - Treatment Validity of disability categories? - Tier 2 Options - Alignment to core program? - Power of interventions? - Procedure driven - Fragmented and non differentiated - Outcomes? - Effectiveness of Tier I?

9. We Need a New Approach… • Students are screened to identify those with basic skills deficits (e.g., phonemic awareness). • The school has a (tiered) plan for providing students with additional support. • Each student’s learning is monitored with formative assessments on a timely basis. • The support is timely, systematic, and direct. Dufour, et. al (2004)

10. Re-Define Educational Services • Benchmark – will do fine with a good core program (75 – 80%?) • Strategic – will need supplemental and reinforcement programs to hit targets (15%?) • Intensive – will need an intensive program that accelerates learning in key skill areas (5%?)

11. An RTI School… • Uses a tiered approach for addressing student needs, (i.e., Benchmark, Strategic and Intensive). • Maximizes the use of regular and special education resources for the benefit of all students. • Adopts interventions and instructional practices that are based in scientific research • Uses assessment for the purpose of instructional decision making (screening, diagnostic, and progress monitoring)

12. RTI and Special Education • How do we determine who is eligible? • What sources of data are used for eligibility determination? • What criteria do we use? • How long do interventions have to be carried out? • What about professional judgment?

13. IDEA Guidance to States Sec. 300.307 specific learning disabilities • Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability. • 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.

14. Consider... Regulation: Is RTI Optional? • NEW AND SIGNIFICANT: • (b must consider, as part of the evaluation described data that demonstrates that— (1) Prior to, or as a part of the referral process, thechild was provided appropriate high-quality, research-based instruction in regular education settings, consistent with section 1111(b)(8)(D) and (E) of the ESEA, including that the instruction was delivered by qualified personnel; and • (2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, was provided to the child's parents. Source: Daniel J. Reschly

15. What Does Not Work: IQ-Achievement Discrepancy • IQ-Achievement Discrepancy Does Not Work • Unreliable-Poor Stability across time or different pairs of tests • Invalid-Discrepancy is not related to growth in instructional interventions • Expensive • Wait to Fail Effect (delays intervention until late 3rd or early 4th grades) • Source: Daniel J. Reschly

16. Cognitive Processing Option • Scatter is normal, virtually all children will show significant strengths and weaknesses • Pattern of cognitive processes unrelated to • More accurate SLD identification • Improved instruction • Improved child outcomes • No scientifically-based studies showing benefits of designing instruction from cognitive profiles • Vested interests? • Burden of proof • Source: Daniel J. Reschly

17. Cognitive Processing and Interventions: ATI or Matching Strengths Effects • Treatment/Intervention Effect Size • Modality Matched Instr. (Aud.) +.03 • Modality Matched Instr. (Vis.) +.04 • Simultaneous/Successive .?? • Right Brain/Left Brain .?? • Cultural Leaning Style .00 • NOTHING FOR KIDS • FEEL GOOD ASSESSMENT • Source: Daniel J. Reschly

18. Dual DiscrepancyEligibility Criteria When a student exhibits large differences from typical levels of performance in achievement, social behavior, or emotional regulation AND Withevidence of insufficient response to high-quality interventions in academic and/or behavioral domains of concern.

19. Dual Discrepancy: Severely discrepant in initial skill level and growth

20. What Constitutes Intervention?Consider the following Example An Intervention introducing the letter/sound association to struggling readers: Target letter/sound is “b” - Teacher shows the student a picture of a bike, saying b, /b/, bike - Instructs: “today we are going to talk about the letter b. Say the name of this letter with me – b. This letter makes the /b/ sound just like in the word bike or big. Make the /b/ sound with me…/b/ - Now close your eyes and imagine the ABC book. This will help you remember that the letter b and /b/ at the beginning of bike go together” -

21. Effectiveness of Intervention: Are Your Intensive Students Closing the Gap?

22. Response to Intervention...Is it Working for Most? Fien, 2007

23. How Much Intervention? Studied Response of Struggling Readers (second grade) receiving supplemental instruction: ¼ Early Exit (10 wks) ¼ Midterm (20 wks) ¼ Late Exit (30 wks) ¼ No Exit (After 30 wks) Vaughn, 2003

24. Regulation • If the child has not made adequate progress after an appropriate period of time, … a referral for an evaluation to determine if the child needs special education and related services must be made. • (a) Once the child is referred for an evaluation to determine if the child needs special education and related services, the timelines described in §§300.301 and 300.303 must be adhered to, unless extended by mutual written agreement of the child’s parents and a group of qualified professionals, as described in §300.308. (Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6)) • Written Report, no meaningful changes

25. Determining Response To Intervention (Case Study) Bunky: 2nd Grade Reading Level = 10 wpm, 1st Grade Benchmark for 2nd Grade = 90 wpm Necessary Gain (wpm) = 80 9 wks = 8.8 18 wks = 4.4 27 wks = 2.96 Minimum of an 18 Week Goal: 4.4 wpm per week

26. Look at the Individual’s Response to Intervention: What Happened? Aimline Trendline

27. Focus on Trajectory

28. What’s Required for Entitlement for Special Education Services? Eligibility + Need = Entitlement

29. What is need? Need is determining in a specific, systematic manner if progress was made and whether that progress would continue to be made without special education services. Performance Report

30. Determination of Need Need is determined via consideration of the ongoing analysis of the relationship between defined problems, interventions applied, and specific systematic data. This is accomplished by examination of the following student information: • Response to Intervention or Acquisition rate • Resources necessary to support the student's needs.

31. What is Eligibility? Eligibility is determining in a specific, systematic manner whether the discrepancy between the individual’s performance and the expected performance is severe enough that resources beyond general education are required.

32. Example Indicators of a Severe Discrepancy Source Criteria • CBM score: 16%ile/7%ile • Standardized Assessment 1.75 SD (SS= 74) • Discrepancy Ratio 2.0 or greater • Instructional placement two grade levels below grade placement ISAT, STAR, IRI can only be used as supporting documentation, but do not constitute primary indicators

33. Performance can be compared in the following ways: Discrepancy Ratios: A discrepancy ratio is determined by taking the expected criterion and dividing it by the student’s current performance. The criterion for a significant discrepancy ratio for each grade level is 2.0 or greater.

34. Determining Eligibility Remember... Students requiring special education are those: • not able to adequately “close the gap” despite significant intervention effort • require on-going intervention well into the foreseeable future

35. What Changes Once a Student is Placed on an IEP • In regards to Intervention...hopefully nothing. If more effective intervention/instruction is available through special education, the system is not adequately designed. • An IEP assures that proper intervention and supports will be provided long-term and necessary accommodations will be available.

36. ~5% ~15% ~80% of Students Rule #1! Make SE Worth It! EFFECTIVE TIER 3 Programs Using Evidence-Based Programs - ONLY Research-based interventions - High quality professional development - Instructional coaching - Progress monitoring to ensure skills are generalized

37. Comprehensive Evaluation Requirements Consider: • A student may not be considered eligible for special education if not provided appropriate instruction or if the difficulty is due to limited English proficiency. • Difficulties cannot be due to: • Visual, hearing, or motor disability • Mental retardation • Emotional disturbances • Cultural factors • Environmental or economic disadvantage • Limited English proficiency

38. Comprehensive Evaluation Requirements Reports Must Include: • Background information • Indication that an opportunity to learn was provided • Student skills deficits were resistant to well implemented, research based intervention • Student skills are significantly below • Deficits not due to exclusionary factors

39. Impact on Special Ed Major changes in… • When students are placed • How kids are identified (dual discrepancy) • What professionals do (refer, test, place) • Who gets assistance • Focus of services

41. What Happened: Due Process Hearings in Iowa Source: Iowa Department of Education, Bureau of Children, Family and Community Services

42. Remember...Entitlement is NOT the Purpose of RTI • Student achievement/Supporting teachers is the purpose • RTI is about meeting the needs of all students - NOT the new way to qualify students for special education • RTI seeks to understand problems for the primary purpose of intervention • Progress monitoring is essential • Problem Resolution is the goal “If RTI simply becomes the new way to qualify students for specialeducation, it will not have been a worthwhile endeavor”

43. Summary of NASP Position Regarding Problem Solving “In 25 years, traditional categorical service models have failed to demonstrate their efficacy, while recent applications of problem solving models and noncategorical services show far more promising outcomes.” NASP Position Statement ‘02