Running head: RESPONSE TO INTERVENTION ARTIFACT
Response to Intervention Artifact
Courtney N. Dawson
EDUC 5382 – Administration of Special Programs
Professor – Dr. Kristy Duckworth
East Texas Baptist University
July 11, 2015
Version 1.0
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Response to Intervention
From TEA and links associated with the website
CODE/LAW/POLICY/FUNDING
Requirements of Coordinated Early Intervening Services
An LEA may use up to 15 percent of Individuals with Disabilities Education Act, Part B (IDEA-B) funds for any
fiscal year to develop and implement coordinated, early intervening services (CEIS) for students in kindergarten
through grade 12 (with a particular emphasis on students in kindergarten through grade 3). The children are not
currently identified as needing special education or related services but need additional academic and behavioral
support to succeed in a general education environment (20 United States Code (U.S.C.) §1413(f), 34 Code of
Federal Regulations (C.F.R.) §300.226). An LEA identified as having significant disproportionality based on race
or ethnicity must reserve the maximum amount of 15% of IDEA-B funds to be used for CEIS.
Activities
In implementing coordinated, early intervening services under 34 C.F.R. §300.226, an LEA may carry out activities
that include:

Professional development (which may be provided by entities other than LEAs) for teachers and other school
staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including
scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and
instructional software; and

Provision of educational and behavioral evaluations, services, and supports, including scientifically based literacy
instruction (34 C.F.R. §300.226(b)).
Relationship between CEIS and Free Appropriate Public Education
CEIS does not limit or create a right to Free, Appropriate Public Education under IDEA-B or allow an LEA to delay
appropriate evaluation of a child suspected of having a disability (34 C.F.R. §300.226(c)).
Funding Sources
IDEA Regulations
1. Add “early intervening services” to the regulations under local educational agency (LEA)
eligibility.
An LEA may not use more than 15 percent of the amount the LEA receives under Part B of the Act for
any fiscal year, less any amount reduced by the LEA pursuant to 34 CFR 300.205, if any, in
combination with other amounts (which may include amounts other than education funds), to develop
and implement coordinated, early intervening services, which may include interagency financing
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structures, for students in kindergarten through grade 12 (with a particular emphasis on students in
kindergarten through grade three) who are not currently identified as needing special education or
related services, but who need additional academic and behavioral support to succeed in a general
education environment.
[34 CFR 300.226(a)] [20 U.S.C. 1413(f)(1)]
2. Allow activities in implementing coordinated, early intervening services by LEAs.
In implementing coordinated, early intervening services under 34 CFR 300.226, an LEA may carry out
activities that include:


Professional development (which may be provided by entities other than LEAs) for teachers
and other school staff to enable such personnel to deliver scientifically based 2 academic and
behavioral interventions, including scientifically based literacy instruction, and, where
appropriate, instruction on the use of adaptive and instructional software; and
Providing educational and behavioral evaluations, services, and supports, including
scientifically based literacy instruction.
[34 CFR 300.226(b)] [20 U.S.C. 1413(f)(2)]
3. Clarify the relationship between free appropriate public education (FAPE) and early
intervening services.
Nothing in this section shall be construed to either limit or create a right to FAPE under Part B of the
Act or to delay appropriate evaluation of a child suspected of having a disability.
[34 CFR 300.226(c)] [20 U.S.C. 1413(f)(3)]
4. Establish reporting requirements.
Each LEA that develops and maintains coordinated, early intervening services under 34 CFR 300.226
must annually report to the State educational agency (SEA) on:


The number of children served under 34 CFR 300.226 who received early intervening services;
and
The number of children served under 34 CFR 300.226 who received early intervening services
and subsequently receive special education and related services under Part B of the Act during
the preceding two year period.
[34 CFR 300.226(d)] [20 U.S.C. 1413(f)(4)]
5. Establish coordination with the ESEA3.
Funds made available to carry out 34 CFR 300.226 may be used to carry out coordinated, early
intervening services aligned with activities funded by, and carried out under the ESEA
if those funds are used to supplement, and not supplant, funds made available under the ESEA for the
RESPONSE TO INTERVENTION ARTIFACT
activities and services assisted under 34 CFR 300.226.
[34 CFR 300.226(e)] [20 U.S.C. 1413(f)(5)]
6. Permit the use of funds for early intervening services.
The amount of funds expended by an LEA for early intervening services under 34 CFR 300.226 shall
count toward the maximum amount of expenditures that the LEA may reduce under 34 CFR
300.205(a) of this section.
[34 CFR 300.205(d)] [20 U.S.C. 1413(a)(2)(C)(i)]
7. Require early intervening services in the case of significant disproportionality.
In the case of a determination of significant disproportionality with respect to the identification of
children as children with disabilities, or the placement in particular educational settings of these
children, in accordance with 34 CFR 300.646(a), [Note that 34 CFR §300.646(a) addresses
identification, placement and disciplinary actions.] the State or the Secretary of the Interior
must…require any LEA identified under 34 CFR 300.646(a) to reserve the maximum amount of funds
under section 613(f) of the Act [34 CFR 300.226] to provide comprehensive coordinated early
intervening services to serve children in the LEA, particularly, but not exclusively, children in those
groups that were significantly overidentified under 34 CFR 300.646(a) of this section.
[34 CFR 300.646(b)(2)] [20 U.S.C. 1418(d)(2)(B)]
8. Establish a relationship between maintenance of effort and early intervening services.
LEAs that seek to reduce their local maintenance of effort in accordance with 34 CFR 300.205(d) and
use some of their Part B funds for early intervening services under 34 CFR 300.226 must do so with
caution because the local maintenance of effort reduction provision and the authority to use Part B
funds for early intervening services are interconnected. The decisions that an LEA makes about the
amount of funds that it uses for one purpose affect the amount that it may use for the other. Below
are examples that illustrate how 34 CFR 300.205(d) and 300.226(a) affect one another.
The following information was found from a link through TEA
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District Information (Austin)
The following information was found from a link through TEA which lead me to The Meadow
Center Building RTI Capacity
Frequently Asked Questions
 Is my campus required to implement response to intervention (RTI)? Is it the law?

For how long can a student receive intervention before being referred for a special education
evaluation?

What is the difference between Tier II and Tier III? Do students participate in all three tiers at the
same time? In how many tiers can a student participate?

Is differentiated instruction the same as intervention?

When a student in foster care withdraws from school, am I required to provide information about
the intervention s/he received for the Texas Department of Family and Protective Services
education folder or for the receiving school?
Is my campus required to implement response to intervention (RTI)? Is it the law?
Texas school districts and charter schools are not required to implement RTI—rather, they have
the option of doing so. This question presents an opportunity to clarify sources of requirements related to
RTI.
In general education, RTI is implemented as an instructional approach designed to prevent learning and
behavior difficulties. Schools that implement RTI screen all students to identify those who are at risk and
not meeting grade-level expectations. These at-risk students are immediately assigned to a level, or tier,
of additional intervention instruction to close their gaps in learning, and their progress is monitored to
make sure the intervention is working. Interventionists document the students’ response to the
intervention over time. Increasingly intense levels of intervention are provided when needed.
In Texas, school districts and charter schools determine their instructional approaches through policies
and procedures. Thus, RTI is not a state-mandated instructional approach, although it may be required
through school district or charter school policies and procedures.
RTI appears in federal special education law related to the identification of students with specific learning
disabilities. The Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) identifies
RTI as an optional component of a comprehensive evaluation and requires that states “(2) must permit the
use of a process based on the child’s response to scientific, research- based intervention; and (3) may
permit the use of other alternative research-based procedures for determining whether a child has a
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specific learning disability” [34 CFR §300.307 (2-3)]. The Texas Education Code mirrors the language of
IDEA and leaves it to school districts and charter schools to determine policies and procedures related to
individual comprehensive evaluation, including the use of information related to a student’s response to
intervention. Texas school districts and charter schools may opt to include documentation of a student’s
response to intervention as a component of a comprehensive evaluation. back to top
For how long can a student receive intervention before being referred for a special education
evaluation?
A student should be referred as soon as a disability is suspected, including when progress-monitoring data
indicate that the student is not responding adequately to intervention.
Some educators mistakenly believe that in schools where RTI is being implemented, students must be
provided with interventions prior to referral for a full and individual initial evaluation and that
participation in RTI is a prerequisite for conducting an initial evaluation. A student may participate in
interventions while undergoing the initial evaluation process. Although data from the student’s response
to the intervention provide the committee valuable information to determine the presence of a specific
learning disability, the comprehensive initial evaluation process cannot be delayed until the student has
been provided with intervention for a specified period.
The US Department of Education addresses this topic in Memorandum 11-07 and explicitly refers to
Texas in its February 29, 2012, letter to Philip Ferrara, writing that “…the implementation of an RTI
process cannot be used to delay or deny the full and individual evaluation of a child suspected of having a
disability…whether the disability is suspected by school personnel or the child’s parent.” Note:
Memorandum 11-07 and the letter are included in A Resource for Student Evaluation Personnel
Working in Schools Implementing Response to Intervention (RtI). back to top
What is the difference between Tier II and Tier III? Do students participate in all three tiers at the
same time? In how many tiers can a student participate?
RTI is a multitiered system of support that provides high-quality research-based instruction to all students
in the general education setting (Tier I) and additional intervention instruction for at-risk students. Many
schools implement a three-tiered RTI framework, which provides at-risk students with increasingly
intense interventions (Tier II or Tier III) to close their gaps in learning. Teachers in each grade level use
student assessment data to determine criteria for each tier of intervention and then match each at-risk
student to the tier designed to meet his or her needs. The size of a student’s learning gap determines the
tier of intervention received: The larger the learning gap, the more intense the intervention.
Intervention is designed to systematically address gaps in a student’s fundamental knowledge and
skills; intervention is not reteaching. Ideally, Tier II intervention is provided in groups of three to five
students with similar needs for an additional 30 minutes daily. Depending on a school’s RTI framework, a
teacher or a specialist may provide Tier II intervention. Tier III is more intense and is provided in smaller
groups of one to three students for at least an additional 30 minutes a day. A specialist provides Tier III
intervention. An at-risk student receives Tier I instruction, plus either Tier II or Tier III
intervention. back to top
Is differentiated instruction the same as intervention?
Differentiated instruction is not the same as intervention instruction—rather, it is a critical component of
both content area instruction and intervention. Effective teachers use their knowledge of students’ skills to
differentiate instruction. In the video “Understanding Differentiated Instruction“, Dr. Sharon Vaughn
states “…one example at the whole class level is that teachers actually know to differentiate the expected
response for students based on the range of knowledge and expertise of the class.” Teachers consider
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students’ needs and adjust instructional materials, grouping, required responses, scaffolding, and practice
time in their lessons. Teachers who differentiate instruction have high levels of student attention and
engagement and adjust their expectations to yield the greatest performance outcomes from their students.
Differentiated instruction should be provided across all tiers, as it benefits all students. back to top
When a student in foster care withdraws from school, am I required to provide information about
the intervention s/he received for the Texas Department of Family and Protective Services
education folder or for the receiving school?
Students in the foster care system often experience delays in making educational progress due to frequent
changes in placement and schools. In the spirit of facilitating this transition, provide documentation of
intervention strategies tried, the student’s response to intervention instruction, and progress-monitoring
data, so the next school has information to make instructional decisions. Providing this information helps
to minimize the amount of instructional time lost while trying to match intervention programs to the
student’s instructional needs. Providing this information to the student’s caregiver or caseworker goes
beyond minimal requirements and helps other educators meet the student’s needs. back to top
Law/Code:
TEA Information on RTI
A: RtI may be described as a model addressing the needs of all students through a continuum of services
which provide: (1) high-quality instruction and scientific, researched-based, tiered intervention strategies
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aligned with individual student need; (2) frequent monitoring of student progress to make results-based
academic or behavioral decisions; (3) data-based school improvement; and (4) the application of student
response data to important educational decisions (such as those regarding placement, intervention,
curriculum, and instructional goals and methodologies). These activities typically occur in the general
education setting as schools assist struggling students prior to and, often, in lieu of a referral to special
education. Local education agency (LEA) general and special education staff coordinate and collaborate
in developing a process implementing this framework.
School counselors play a vital role in the process of RtI. However, it makes the most sense for the
instructional leader (i.e. principal) to direct RtI efforts. School counselors should be team members, not
directing the RtI effort. Response to Intervention (RtI) is not a program that consists of a set of preestablished procedures, and the implementation of an RtI model involves aspects that may exceed the role
and authority of the school counselor. The following are examples of how an RtI framework may require
the principal’s direct leadership:
 RtI can involve the re-allocation of resources such as federal, state, and local funds;
\

RtI can involve the shifting of staff duties and responsibilities;

RtI can involve decision making that impacts entire school districts;

RtI involves supervision (fidelity of implementation)

RtI involves buy-in from principal;

RtI can involve a shift in current instructional practices (i.e. the inclusion of students in the
general ed. setting who were served in a special ed. setting previously);

RtI involves professional development;

RtI involves support provided to staff by the instructional leader;

RtI involves collaboration (common planning, aligning of curriculum, dialogue among staff etc.);
and

RtI involves change.