moving to rti for sld eligibility: it’s the right thing and now is the right time

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Moving to RTI for SLD Eligibility: It’s the Right Thing and Now is the Right Time OrRTI Problem Solving and SLD Decision- Making January 15, 2013

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Moving to RTI for SLD Eligibility: It’s the Right Thing and Now is the Right Time. OrRTI Problem Solving and SLD Decision-Making January 15, 2013. Todays Targets. Why RTI for SLD Identification? What does the process look like? Perceived Barriers to Implementation. - PowerPoint PPT Presentation

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Page 1: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Moving to RTI for SLD Eligibility:It’s the Right Thing and Now is the Right Time

OrRTI Problem Solving and SLD Decision-

MakingJanuary 15, 2013

Page 2: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Todays Targets

• Why RTI for SLD Identification?

• What does the process look like?

• Perceived Barriers to Implementation

Page 3: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Why RTI for SLD Identification?

1. An alternative to historical problems with SLD identification

2. A shifting focus on identifying and supporting instructional needs

3. More direct answers to evaluation questions (e.g. determining a lack of “appropriate instruction”, what is “instructional need?”, etc.)

4. Legally supported and legally defensible

Page 4: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

1. Historical Problems• Traditional Models of Identification–Technically inadequate• SLD occurs on a continuum, but test

scores used as a categorical marker• Cognitive assessments do not reliably

distinguish students with SLD (Fletcher et al, 2011)

Academic skills

Page 5: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

1. Historical Problems• Traditional Models of Identification–Applied inconsistently• “For more than 25 years, accumulated evidence has strongly suggested that most students labeled SLD are those students with severe educational needs, regardless of the stated eligibility criterion” (Shinn, 2007)

Page 6: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Weak link to effective interventions

Aptitude by Treatment Interactions (ATIs)

“Empirical data have failed to support this popular and logically appealing idea.” Burns, et. al. (2007)

Cognitive Profiles Effective Interventions

Working Memory Deficit

Working Memory training

Auditory Processing Strength

Focus on Auditory Information

Page 7: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Effective and Ineffective Practices

0

0.2

0.4

0.6

0.8

1

1.2

Effec

t Siz

e

Comprehension

Strate

gies*

*

Math

Interventions*

*

Direct

Instructi

on**

Form

ative

Evalu

ation*

Feedbac

k*

Modality-

Matched

Instructi

on**

Aptitude by Treatm

ent

Interactions*

* Hattie, 2009; ** Kavale, 2007

Page 8: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

“Although some students with significant learning difficulties have underlying neurological or information-processing disorders, research does not support the notion that practitioners can identify these disorders and then treat them in isolation.”

What improves academic outcomes is: “effective, systematic, and explicit instruction to identify and address weak or missing academic skills.” (Vaughn et al, 2012)

Page 9: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

2. Focus on Instructional Need

• Traditional identification models focus on determining unalterable cognitive processes that impact learning

Page 10: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Reading and the Brain• Children who struggle with reading have

both functional and structural differences in their brains as compared to non-impaired students.

Articulation/Word Analysis

Word Form

Word Analysis

Page 11: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Reading and the Brain

However…“…an intensive evidence-based (phonologic) reading intervention brings about significant and durable changes in brain organization, so that brain activation patterns resemble those of typical readers”

(Shaywitz et al, 2004)

Page 12: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

2. Focus on Instructional Need

• Traditional identification models focus on determining unalterable cognitive processes that impact learning

• Knowing a disability exists does not provide specific information on effective intervention

Page 13: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Effect of SPED Placement

• Average effect size of traditional special education placement practices = +0.12 (Kavale, 2007)

• What does this mean?• SPED Identification and placement

typically provides little educational benefit to students.

• Its what we DO in special education that can make a difference.

Page 14: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

2. Focus on Instructional Need

• Traditional identification models focus on determining unalterable cognitive processes that impact learning

• Knowing a disability exists does not provide specific information on effective intervention

• Response to Intervention is focused on determining the conditions that enable learning, rather than on the disability that prevents learning

Page 15: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

16

The Water…

IC

EFocus on “the water”-• Instruction• Curriculum• Environment

Page 16: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Instruction: Curriculum:

Environment: Learner:

How you teach

What you teach

Where you teach

Who you teach

Student Learning

Page 17: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

3. Evaluation Questions

• Appropriate instruction• Progress monitoring• Identifying instructional need

Page 18: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

SLD Evaluation Requirements

All SLD evaluations must include:

“(A) Data that demonstrate that before, or as part of, the referral process, the child was provided appropriate instruction in regular education settings”

“(B) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress that is directly linked to instruction.”

OAR 581-015-2170

Page 19: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Data documenting “appropriate instruction” and “formal assessment

of student progress”

Without the infrastructure of an RTI system,

how will you answer these questions?

Page 20: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Instructional need• You also must include “(i) A determination

of whether, as a result of the disability, the child needs special education services”

“Problem solving assessment typically takes a more direct approach to the measurement of need than has been the case in historical special education practice”

- Reschly, Tilly, & Grimes (1999)

OAR 581-015-2170

Page 21: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

4. Legally SupportedReauthorization of the Individuals with Disabilities Education Act (2004) allows (encourages!) the use of RTI for SLD eligibility

Permitted Required05

101520253035404550

Response to InterventionSevere Dis-crepancyThird alternative

# of

Sta

tes

Source: Zirkel & Thomas 2010

Page 22: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

National Prevalence Rates

0

2

4

6

8

10

12

14

16

6.14.9

13.3 13.1

(19% Decrease)

• SLD Rates vary by states from 2.0% to 8.4%

• Variability in how states identify SLD and report prevalence rates

• Decrease is likely related to RTI, early intervention, improvement in instruction, and growth in other disability categories (OHI and Autism)

% of Students with Disabilities

% of Students with SLD

Page 23: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

4. …and Legally Defensible

• LORE: The response to intervention (RTI) approach for identifying students with specific learning disabilities will generate a spate of losing litigation concerning child find under the IDEA.

(Betesh, Brown, Thompson, & Zirkel, 2012)

Page 24: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

4. …and Legally Defensible

• LAW: Despite dire predictions in the special education literature of major problems of RTI in terms of child-find litigation and repeated warnings from the Office of Special Education Programs (OSEP) not to use RTI to delay or deny IDEA evaluations, RTI has generated relatively negligible child find litigation under the IDEA, with the outcomes being notably deferential to districts(Betesh, Brown, Thompson, & Zirkel, 2012)

Page 25: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

4. …and Legally Defensible

• LAW (Cont): …thus far no published court decision has specifically concerned RTI and child find, and the few pertinent hearing officer decisions have been deferential to school districts (e.g., Cobb County School District, 2012; Joshua Independent School District, 2010).

(Betesh, Brown, Thompson, & Zirkel, 2012)

Page 26: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Where districts get into trouble

• Problem: Refusing a parental request for SPED evaluation because the school’s RTI process hasn’t been completed. (OSEP memo, 2011)

• Solution: Clearly communicate with parents throughout RTI process. Refer to collected data to determine if there is a reason to suspect the student may have a disability. Always directly address parental concerns and requests in a timely manner.

Page 27: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Where districts get into trouble

• Problem: Delaying a special education evaluation when there is reason (e.g. data) to suspect a student may have disability.

• Solution: Create and follow decision rules that guide decision-making process for when students do not make adequate progress in interventions. Rely on data/evidence to determine suspicion of disability.

Page 28: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Where districts get into trouble

• Problem: Keeping students in interventions beyond “reasonable” amounts of time (El Paso ISD v. Richard R, 2008)

• Solution: Create and follow decision rules that ensure students receive timely and appropriate support.

Page 29: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Where districts get into trouble

• Problem: Using only screening and progress monitoring data to determine eligibility (RTI alone?!?!?!)

• Solution: Ensure a comprehensive evaluation includes all the pieces outlined in state regulations.

Page 30: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Where districts get into trouble

• NONE of these problems are inherent to RTI applied even reasonably well.

• They are problems primarily with child find and negligent assessment practices

Page 31: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Comprehensive Evaluation

• (10) "Evaluation" means procedures used to determine whether the child has a disability, and the nature and extent of the special education and related services that the child needs.

Oregon Administrative Rules, 581-015-2000

“Evaluation” ≠ “Testing”

Page 32: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Comprehensive SLD Eval:

Regardless of Eval Modela) Academic assessmentb) Review of recordsc) Observation (including regular education

setting)d) Progress monitoring datag) Other:

A. If needed, developmental historyB. If needed, an assessment of cognition, etc.C. If needed, a medical statementD. Any other assessments to determine impact of

disability Oregon Administrative Rules, 581-015-2170

Page 33: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Is a Cognitive Test Required?

NO

Page 34: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Comprehensive SLD Eval:

RTI Modele) …documentation of:A. The type, intensity, and duration of scientific, research-

based instructional intervention(s)…B. …rate of progress during the instructional

intervention(s);C. A comparison of the student's rate of progress to

expected rates of progress.D. Progress monitoring on a schedule that:

i. Allows a comparison of the student's progress to… peers;

ii. Is appropriate to the student's age and grade placement;

iii. Is appropriate to the content monitored; andiv. Allows for interpretation of the effectiveness of

intervention.

Oregon Administrative Rules, 581-015-2170

Page 35: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

What does the process look like?

Core• Curric.• Instruction• Fidelity

Intervene• Gp. Intrvn. • Prog. Mon.• Ind. Prob.

Solving

SPED• Referral• Eval. Planning • Eval. & Eligibility

Page 36: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Three key questions

Slow ProgressLow Skills Instructional

Need

SPED Entitlement

Decision

Is the student significantly different from peers?

Does the student make less than adequate progress despite interventions?

Does the student need specially designed instruction?

=Exclusionary Factors

Page 37: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

ExplorationFear of litigationBelief that RTI does not identify the “right” students”

InstallationAn ineffective core programLack of research-based interventionsNo system to measure fidelityLack of data systems

Implementation What is “adequate” progress?How much of a discrepancy is “significant”?Determining if deficit is due to lack of appropriate instruction or English language proficiency

Overcoming Perceived Barriers

Page 38: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Why RTI for SLD Identification?

1. An alternative to historical problems with SLD identification

2. A shifting focus on identifying and supporting instructional need

3. More direct answers to evaluation questions (e.g. determining a lack of “appropriate instruction”, what is “instructional need?”, etc.)

4. Legally supported and legally defensible

Page 39: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Why RTI…

• Assessment is part of a comprehensive system of support that benefits all students

• Early and sustained instruction and interventions can change functioning

Page 40: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

Why RTI?“If we don’t intervene early, substantially, and continuously when we know this can change a student’s neurological and educational functioning, prior to eligibility and placement into an isolated SPED program that we know may not help them, we are negligent and culpable”

Page 41: Moving to RTI for SLD  Eligibility: It’s the Right Thing and  Now  is the Right Time

• Guidance from ODE• Barriers• SPED Process and Procedures

Where We’re Going