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This legal guide discusses the RTI process and its importance for many of our students. As a school counselor, my job will always be to advocate for my students emotionally and academically. The RTI process is one tool I will use to help students get the support they need to be successful. The information in this legal guide will show the importance of the RTI process and how it can be used to best serve our students. The goal is for teachers to have a better understanding of their role in the RTI process, how the process works, and the importance of ensuring each student has the tools they need to be successful. I chose this topic because, in my current district, the counselor is also in charge of RTI, so this legal guide will allow me to explain the process better and explain why it is important.

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Response to Intervention is a multi-tiered tool that many schools use to provide early intervention instruction to students who cannot keep up with grade-level material. Counselors and teachers must know and understand how to utilize the RTI process in their schools. Using this process allows teachers and staff members to create goals and collect data to show students' progress. This process can also be used to prove if a full evaluation is needed for special education. Utilizing RTI allows students to feel successful on their level.

There are concerns about the effectiveness of the RTI process and its ability to identify students who may have a learning disability. Although it can be used as a tool to identify at-risk learners, further evaluation and testing will need to be performed to identify a learning disability. This also poses the issue of ensuring that the goals and objectives are research-based interventions and implemented with fidelity. Part of the counselor's responsibility is to ensure these issues/concerns are handled properly.

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The Learning Disabilities Association of America aims to advance the education and general welfare of individuals with Specific Learning Disabilities (SLD)(Learning Disabilities Association of America, 2013).

The LDA discusses the importance of early intervention through the RTI process and the implementation of the first two tiers in helping identify students with SLD and ensure they have received effective, high-quality interventions.

Learning Disabilities Association of America. (2013, August 30). Response to Intervention (RTI). Learning Disabilities Association of America. https://ldaamerica.org/advocacy/lda-position-papers/response-to-intervention-rti/

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·       One of the major concerns in many districts is teacher buy-in. The teachers have to buy into the process for it to be successful. Next, teachers have to be trained properly to provide high-quality instruction and interventions.  Reading has been focused on multi-tiered systems, such as RTI, for many years.  But now, at least seven states have passed legislation targeting Math instruction.  The focus has been on reading for years, but school districts are seeing that math interventions are long overdue. Early screenings and interventions could be beneficial to helping close the gaps many of our students are facing.

Spotlight on Tier 1 Instruction. (2024, August). https://www.edweek.org/products/spotlight/spotlight-on-tier-1-instruction

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·       Closing the Gaps with Response to Intervention!

The success of the RTI process begins with strong leadership and guidance and effective Tier 1 instruction.    You start with evidence-based practices and high-quality instruction in Tier 1, holding each student accountable.  If the student continues to show an area of weakness, then you move to Tier 2 for additional interventions.  If the student is still unable to reach their goal, then more intense interventions will be needed in Tier 3.  Every child deserves the opportunity and support to reach their academic goals.

Scali, J. (2022, September 29). Response to intervention: The key to ensuring social equity in literacy education - Literacy Impact. Literacy Impact. https://www.literacyimpact.com.au/response-to-intervention-the-key-to-ensuring-social-equity-in-literacy-education/

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Response to intervention: The key to ensuring social equity in literacy education - Literacy Impact

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Also known as RTI, response to intervention is a whole-school framework and Multi-Tiered System of Supports (MTSS) that is both preventative and responsive in nature.

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Slide 6: Federal Statute: Individuals with Disabilities Education Act

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Slide 6: Federal Statute: Individuals with Disabilities Education Act

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Individuals with Disabilities Education Act (IDEA)

Section 300.307 Specific Learning Disabilities

IDEA is a federal law that protects students with disabilities and their parents. It ensures that they receive a free and appropriate education and that all their needs are met. IDEA states that the Response to Intervention (RTI) can be used as part of the evaluation process for identifying students with specific learning disabilities.  States are required to follow the guidelines listed in §300.309 to determine if a student has a specific learning disability; in addition to those guidelines, another criterion is that the state must follow a process based on the student’s response to scientific research-based intervention, such as the RTI process.

Individuals with Disabilities Education Act, 20 U.S.C. § 300.307 et seq.

Individuals with Disabilities Education Act, 20 U.S.C. § 300.309 et seq.

https://sites.ed.gov/idea/regs/b/d/300.307

Administrative Law

However, the US Department of Education Office of Special Education and Rehabilitative Services (OSERS) set an administrative law to guide states and LEAs to ensure that the RTI process is not being used to delay or deny a student being evaluated for a specific learning disability.

MEMO: OSEP Memo 11-07 Response to Intervention (RTI) (January 21, 2011). (n.d.). Individuals with Disabilities Education Act. https://sites.ed.gov/idea/idea-files/osep-memo-11-07-response-to-intervention-rti-memo/

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Slide 7: Federal Statute: Every Student Succeeds Act, 2015

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Slide 7: Federal Statute: Every Student Succeeds Act, 2015

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Every Student Succeeds Act (ESSA) is a federal education law that replaces the No Child Left Behind Act. ESSA sets criteria for states to follow to ensure the success of all students and schools. However, it does allow flexibility for how schools meet the criteria; one of those options is the RTI process.

United States Code: School-Wide Programs

This law states that schools will implement strategies to meet all students' needs, particularly those at risk.

Every Student Succeeds Act of 2015, School Wide Programs, 20 U.S.C. § 6314 et. seq

https://uscode.house.gov/view.xhtml?req=(title:20%20section:6314%20edition:prelim)%20OR%20(granuleid:USC-prelim-title20-section6314)&f=treesort&edition=prelim&num=0&jumpTo=true

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Slide 8: State Statute: Texas Education Code

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Slide 8: State Statute: Texas Education Code

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Texas Education Code

Parental Rights and Responsibilities

School districts must notify parents at the beginning of each school year if their child receives extra support through the intervention process.  Parents should also be involved throughout the entire Response to Intervention process.  Information on the student's progress may be provided to the parent at a meeting.’

Public Education, Tex. Educ. Code § 26.0081

https://statutes.capitol.texas.gov/docs/ed/htm/ed.26.htm

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Slide 9: Constitutional Law: US Constitution Amendment 14

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Slide 9: Constitutional Law: US Constitution Amendment 14

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Section 1 of the 14th Amendment states, No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (U.S. Const. amend. XIV).

This amendment would also protect students with disabilities, ensuring they receive the same rights as all other students.

U.S. Const. amend. XIV

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Slide 10: Local Policy: Ennis ISD Board Policy

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Slide 10: Local Policy: Ennis ISD Board Policy

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The EISD policy aligns with the Texas Education Code § 26.0081. The district has created an RTI Handbook. The handbook outlines all of the components of the RTI process, explaining each tier, the role of the C.A.R.E. team, and goal setting. It also gives guidelines for the RTI Behavior components.

RTI Philosophy

Ennis ISD believes that everyone can learn and learning is a continuous process.  The student intervention process is a student-centered and data-driven process whereby students experiencing difficulties with academics or behavior receive supplemental research-based interventions.  Students’ progress and growth are closely monitored to work toward student success.  Students who are identified as At-Risk but not in need of supplemental interventions are also monitored to ensure adequate growth is being achieved.  The Response to Intervention (RTI) plans will always be to increase student performance.

Ennis ISD Board Policy 2023, EHB — Curriculum Design: Special Programs

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=426&code=EHB#legalTabContent

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Responsibility to School:

K. Affirm the abilities of all students and advocate for their learning needs, supporting the provision of appropriate accommodations and accessibility (American School Counselor Association, 2022).

Part of a school counselor's role may also be the RTI coordinator, and it is imperative that they advocate for every student and ensure they receive high-quality instruction on their level. The RTI process is one method that can be used to track student goals and progress.

American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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The title of this article is: What parents need to know. However, the information provided here is also important for educators to know and understand. Educators need to know parents' rights and their role in implementing the RTI process.

https://disabilityrightstx.org/en/handout/rti-accessible-version/

Response to Intervention: What Parents Need to Know. (2018, August 15). Disability Rights Texas. https://disabilityrightstx.org/en/handout/rti-accessible-version/

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Response to Intervention: What Parents Need to Know

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Our new infographic explaining RTI (Response to Intervention) and what parents need to know. School districts in Texas have used RTI to delay getting some students special education evaluations but new laws passed in Texas are forcing schools to stop using this tactic. This infographic helps explain the process and your rights. Continue reading “Response to Intervention: What Parents Need to Know”

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Slide 13: Recommendations/ Best Practices for Compliance

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Slide 13: Recommendations/ Best Practices for Compliance

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Response to intervention (RTI) is a tool that can help schools support struggling students and offer early, high-quality intervention.

·       Training for the teachers is crucial to the success of the RTI program.

·       Early intervention is a key component of the process.

·       The commitment to accountability is essential to ensure teachers consistently provide high-quality instruction in the RTI program.

·       Counselors need to monitor the process to ensure an additional evaluation is not being delayed due to the student being in RTI.  (34 CFR § 300.111 Child Find)

·       School Counselors need to advocate for each student and ensure their educational needs are being met appropriately.

·       Response to Intervention is a part of general education, not special education.  However, the data collected through the process can be used for a special education evaluation if needed.