Special Education

Minimum Requirements of a Response to Intervention Program (RtI)

Appendix A

NEW YORK STATE REGULATORY POLICY FRAMEWORK FOR RESPONSE TO INTERVENTION

School-wide Screening

Diagnostic screening for new entrants to school districts uses recognized and validated screening tools to determine a student's development in oral expression, listening comprehension, written expression, basic reading skills, reading fluency and comprehension, mathematical calculation and problem-solving, motor development, articulation skills, and cognitive development.

Students with low test scores shall be monitored periodically through screenings and on-going assessments of the student’s reading and mathematic abilities and skills.

  • If the student is determined to be making sub-standard progress in such areas of study, instruction shall be provided that is tailored to meet the student’s individual needs with increasingly intensive levels of targeted intervention and instruction.
  • School districts shall provide written notification to parents when a student requires an intervention beyond which is provided to the general education classroom.
  • Such notification shall include:
    • information about the performance data that will be collected and the general education services that will be provided;
    • strategies for increasing the student’s rate of learning; and
    • the parents’ right to request an evaluation by the Committee on Special Education to determine whether the student has a disability. [8 NYCRR §117.3]


Board of Education Administrative Policies and Practices

Each board of education or board of trustees shall adopt written policy that establishes administrative practices and procedures for implementing school-wide approaches, which may include a response to intervention process pursuant to section 100.2(ii) of this Title, and pre-referral interventions in order to remediate a student’s performance prior to referral for special education. [8 NYCRR §200.2(b)(7)]

Required components of a Response to Intervention (RtI) program

(1)  A school district's process to determine if a student responds to scientific, research-based instruction shall include the following minimum requirements:

(i)   appropriate instruction delivered to all students in the general education class by qualified personnel;
(a)  appropriate instruction in reading shall mean scientific research-based reading programs that include explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency (including oral reading skills) and reading comprehension strategies;
(ii)  screenings applied to all students in the class to identify those students who are not making academic progress at expected rates;
(iii)  instruction matched to student need with increasingly intensive levels of targeted intervention and instruction for students who do not make satisfactory progress in their levels of performance and/or in their rate of learning to meet age or grade level standards;
(iv) repeated assessments of student achievement which should include curriculum-based measures to determine if interventions are resulting in student progress toward age or grade level standards;
(v)  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; and
(vi) written notification to the parents when the student requires an intervention beyond that provided to all students in the general education classroom that provides information about:
(a)  the amount and nature of student performance data that will be collected and the general education services that will be provided pursuant to paragraph (2) of this subdivision;

(b) strategies for increasing the student’s rate of learning; and

(c) the parents’ right to request an evaluation for special education programs and/or services.

(2)  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.

(3)  A school district shall take appropriate steps to ensure that staff has the knowledge and skills necessary to implement a response to intervention program and that such program is implemented consistent with paragraph (2) of this subdivision. [8 NYCRR §100.2(ii)]

Determination of learning disabilities

Additional procedures for identifying students with learning disabilities.

(1)  A student suspected of having a learning disability as defined in section 200.1(zz)(6) of this Part must receive an individual evaluation that includes a variety of assessment tools and strategies pursuant to subdivision (b) of this section.  The CSE may not rely on any single procedure as the sole criterion for determining whether a student has a learning disability.  The individual evaluation shall be completed within 60 days of receipt of consent, unless extended by mutual written agreement of the student’s parent and the CSE.

(i) The individual evaluation must include information from an observation of the student in routine classroom instruction and monitoring of the student’s performance that was either done before the student was referred for an evaluation or from an observation of the student’s academic performance in the regular classroom after the student has been referred for an evaluation and parental consent, consistent with section 200.5(b) of this Part, is obtained.  Such observation shall be conducted by an individual specified in paragraph (2) of this subdivision.

(ii)  To ensure that underachievement in a student suspected of having a learning disability is not due to lack of appropriate instruction in reading or mathematics, the CSE must, as part of the evaluation procedures pursuant to section 200.4(b) and (c) of this Part, consider,
(a)  data that demonstrate that prior to, or as part of, the referral process, the student was provided appropriate instruction in regular education settings, delivered by qualified personnel; and
(b)  data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the student’s parents.

(2)  The determination of eligibility for special education for a student suspected of having a learning disability must be made by the CSE, which shall include the student’s regular education teacher as defined in section 200.1(pp) of this Part and at least one person qualified to conduct individual diagnostic examinations of students (such as a school psychologist, teacher of speech and language disabilities, speech/language pathologist or reading teacher),

(3)  A student may be determined to have a learning disability if, when provided with learning experiences and instruction appropriate for the student’s age or State-approved grade-level standards, the student does not achieve adequately for the student’s age or to meet State-approved grade-level standards in one or more of the following areas:  oral expression, listening comprehension, written expression, basic reading skills, reading fluency skills, reading comprehension, mathematics calculation, mathematics problem solving; and

(i)   The student either:
(a)  does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in this paragraph when using a process based on the student’s response to scientific, research-based intervention pursuant to section 100.2(ii) of this Title; or
(b)  exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development that is determined by the CSE to be relevant to the identification of a learning disability, using appropriate assessments consistent with section 200.4(b) of this Part; and
(ii)  The CSE determines that its findings under this paragraph are not primarily the result of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency.

(4)  In addition to the criteria in paragraph (3) of this subdivision, the CSE is not prohibited from considering whether there is a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematical calculation and/or mathematical problem solving; provided that effective on and after July 1, 2012, a school district shall not use the severe discrepancy criteria to determine that a student in kindergarten through grade four has a learning disability in the area of reading.

(5)  Specific documentation for the eligibility determination.

(i)   When determining eligibility for a student suspected of having a learning disability, the CSE shall prepare a written report containing a statement of:
(a)  whether the student has a learning disability;
(b)  the basis for making the determination, including an assurance that the determination has been made in accordance with section 200.4(c)(1) of this Part;
(c)  the relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student’s academic functioning;
(d)  the educationally relevant medical findings, if any;
(e)  whether, consistent with paragraph (3) of this subdivision:
(1)  the student does not achieve adequately for the student’s age or to meet State-approved grade-level standards; and
(2)  the student
(i)    does not make sufficient progress to meet age or State-approved grade-level standards; or
(ii)    exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development;
(f)   the determination of the CSE concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the student’s achievement level; and
(g)  if the student has participated in a process that assesses the student’s response to scientific, research-based intervention pursuant to section 100.2(ii) of this Title:
(1)  the instructional strategies used and the student-centered data collected; and

(2) the documentation that the student’s parents were notified in accordance with section 100.2(ii)(1)(vi) of this Title.

(ii)  Each CSE member must certify in writing whether the report reflects the member’s conclusion.  If it does not reflect the member’s conclusion, the CSE member must submit a separate statement presenting the member’s conclusions.
[8 NYCRR §200.4(j)]

 

Last Updated: November 9, 2010