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My professional perspective is an elementary (K-5) principal providing information to all faculty and staff who work with students.  The topic is: How Response to Intervention (RtI) Works in Elementary K-5.

This topic is interesting due to the lack of systematic structure across districts and even schools in the same district of the RtI process both academically and behaviorally.  It is interesting that disparity of intervention in reading and little to none on math. Due to the lack of equity for reading and math intervention, a student who needs early intervention in both subjects, might always struggle in math because of the importance of early reading intervention.  Thus the achievement gap is still there along with the student potentially at-risk their entire academic life.  Reading may close that specific gap, but the gap is widening in math.  When looking at data, an achievement gap is not selective in content but overall achievement.  Reading skills are absolutely important and necessary to have a successful academic career.  The question is, how far does the achievement gap need to widen in math before it holds the same equity as reading intervention?

There has also been an uptick in undesired student behaviors with outbursts, physical aggression towards others, sensory overload, etc., since post-COVID.  RtI has the same tier framework for behavior as it does for academics but it just has not caught on yet.

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The lockdown of schools forced by COVID in 2020, has widened the achievement gap that is recognized in the beginning and middle of year campus and district assessments in 2020 and 2021, especially in 1st and 2nd grade.  The achievement gap has also widened in 4th and 5th grade as indicated on 2021 Spring STAAR.  The lockdown has also created more behavioral challenges as evident in the increase in office referrals, room clearings, and outbursts across the campus that affect academic achievement.  RtI is as important now than ever before to close the achievement gap and provide intervention for students' social emotional well being through Positive Behavioral Intervention Support (PBIS).

Due to the underwhelming results of 2021 STAAR, House Bill 4545 was passed over the summer of 2021 to accelerate instruction for students who did not meet STAAR requirements, and for our campus, those our 4th and 5th graders for this school year.  The bill requires 30 tutoring hours of accelerated instruction in each content area (reading, math) for students who did not meet STAAR requirements in hopes of narrowing the achievement gap caused by COVID.  (TEA, 2021).  Students receiving academic intervention have increased on our campus making it imperative that we intervene early to close and eliminate any achievement gaps.

H.B.4545, 87th regular session (2021). https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/house-bill-4545-implementation-overview

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House Bill 4545 recently passed in the 87th Regular Legislative Session. The new statute is effective, as of June 16, 2021, with accelerated instruction practices required during the 2021-2022 school year for all students, based on results from Spring 2021. The Texas Education Agency (TEA) will be providing support and guidance for local education agencies (LEAs) during the summer in a few venues:

This TAA provides highlights from the statute and some detail on how to interpret the implementation timeline and requirements.

Along with this TAA, the TEA is releasing a Frequently Asked Questions (FAQ) document that will be continually updated and will provide more detailed guidance.

The TEA will be releasing a series of webinars over the summer to share more detailed guidance and provide an opportunity for Q&A.

The TEA will release best practices resources over the summer to support implementation, including accelerated learning committee, local board policy, high-impact tutoring resources, and parent engagement guidance and tools.

HB 4545 establishes new requirements for accelerated instruction for students who do not pass the State of Texas Assessments of Academic Readiness (STAAR®). At a high level, the legislation includes:

Elimination of grade retention and retesting requirements in grades 5 and 8

For any student who does not pass the STAAR test in grade 3, 5, or 8 in math or reading, a new LEA requirement to establish an accelerated learning committee to develop an individual educational plan for the student and monitor progress

For any student who does not pass the STAAR test in grades 3-8 or STAAR (EOC) end-of-course assessments, clarification of prior accelerated instruction requirements, specifying that it must include either:

Being assigned a classroom teacher who is a certified master, exemplary, or recognized teacher or

Receiving supplemental instruction (tutoring) before or after school, or embedded in the school day

Each of these components of the legislation is described in greater detail below.
Implementation Timeline
HB 4545 is effective immediately starting June 16, 2021, and it applies beginning with the 2021-2022 school year. LEAs should evaluate spring 2021 STAAR scores to identify students who will require accelerated instruction that complies with these new requirements during the 2021-2022 school year.
For school year 2021-2022:
Accelerated instruction: For any student who did not pass STAAR grades 3-8 or EOC assessments, accelerated instruction must be delivered in the 2021-2022 school year (starting in fall 2021) or subsequent summer of 2022. Accelerated instruction entails either 1) assigning a classroom teacher who is a certified master, exemplary, or recognized teacher, or 2) delivering supplemental instruction (e.g., tutoring) before or after school, or embedded in the school day and meeting HB 4545 requirements.

Accelerated instruction delivered in summer 2021 will only satisfy the HB 4545 requirements if the criteria for supplemental instruction were met. (See the Supplemental Instruction Requirements section below.)

Accelerated Learning Committees: LEAs are required to establish accelerated learning committees (ALCs) for students who did not pass the STAAR test in grades 3, 5, or 8 math or reading beginning at the start of the 2021-2022 school year, in August. However, LEAs may find it beneficial to start establishing these committees and developing individual student plans in summer 2021 for two reasons:

Completing this work in the summer will position LEAs to start implementing plans at the start of the school year.

Under HB 4545, parents have the right to request a different teacher. Establishing the ALC in the summer would provide a window of opportunity to address in advance parent requests for different teachers and manage staffing and scheduling accordingly.

Board policy: LEAs are also required to establish a board policy to manage parent grievances by August 2021 ("as soon as practicable after the effective date" of HB 4545, per Section 11 of the act).

The TEA will release further guidance and resources for ALC and board policy implementation by August.
For school year 2022-2023 and beyond:
The above guidance for accelerated instruction continues to apply in subsequent school years.

Accelerated Learning Committees in Future School Years:

Starting summer 2022, LEAs must establish ALCs and develop individual student plans after scores are received, which may take place before the end of that school year or during the summer and prior to the start of the school year, based on the latest STAAR results.
Additional Statutory Highlights
Retention and Retesting Requirements

A student in grade 5 or 8 is no longer required to be retained at the same grade level based on STAAR.

Grade placement committees have been eliminated, though school systems still have the flexibility to retain students if deemed appropriate locally.

In grades 5 and 8, there is now only one mathematics and reading testing opportunity. Prior law incorporated two retesting opportunities for students, if the students did not perform satisfactorily on the initial assessment.

The optional STAAR EOC assessments for Algebra II and English III will no longer be offered.

Accelerated Learning Committees

The accelerated learning committee must be comprised of:

The principal or the principal's designee

The student's parent or guardian, and

The teacher of the subject of an assessment on which the student failed to pass.

No later than the start of the subsequent school year, an accelerated learning committee must develop an educational plan for a student that provides the necessary accelerated instruction to enable the student to perform at the appropriate grade level by the conclusion of the school year.

The plan should detail the areas of accelerated instruction needed by the student, the plan for progress monitoring, assessment data, and the actions and tools that will be provided for the student.

The plan must be documented in writing with a copy provided to the student's parent or guardian.

If a student fails an assessment in the same subject in the subsequent school year, the superintendent or a designee must meet with the student's accelerated learning committee.

Supplemental Instruction Requirements

Deliver targeted Texas Essential Knowledge and Skills (TEKS)-aligned instruction for the applicable grade level and subject areas.

Be provided in addition to instruction normally provided to students in the grade level in which the student is enrolled.

Be designed to assist the student in achieving satisfactory performance in the applicable grade level and subject area

Not be scheduled such that a student is removed from any of the following:

Instruction in grade-level content for the foundation curriculum

Instruction in enrichment curriculum for the grade level in which the student is enrolled

Recess or physical activity that is available to other students enrolled in the same grade level.

Be provided for no less than 30 hours total during the summer or subsequent school year. If provided during the subsequent school year, it should include instruction no less than once per week.

If a student does not pass both math and reading STAAR tests, they will need to meet the 30 hour requirement for each of the two subject areas.

Utilize effective instructional materials designed for supplemental instruction.

Be delivered in a 1-on-1 or small group environment, with no more than 3 students in a small group.

Be provided by an individual with training in aligned instructional materials and under the LEA's oversight. Ideally, the same individual provides tutoring continuously for the student's entire supplemental instruction period.

*This requirement will set up a significant need to rethink master schedules, develop high-impact tutoring programs, and set up data systems for tracking student process.
HB 4545 Implementation Support Webinars
A series of webinars will be held to provide information regarding the components of HB 4545. You may register for the webinars by using the hyperlinked dates below.

In addition, LEAs seeking to implement tutoring and other learning acceleration strategies may benefit from joining an introductory webinar on Texas COVID Learning Acceleration Supports (TCLAS), which includes tutoring supports for LEAs:
Additional Resources National Board Certified Teacher Directory Teacher Incentive Allotment Website Strong Start Tutoring Resources
Questions regarding the implementation of HB 4545 should be submitted in writing to accelerated.instruction@tea.texas.gov. Answers will also be added on a rolling basis to the FAQ document.

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House Bill 4545 recently passed in the 87th Regular Legislative Session. The new statute is effective, as of June 16, 2021, with accelerated instruction practices required during the 2021-2022 school year for all students, based on results from Spring 2021.

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This is a great resource that provides information on PBIS that works for every student to promote desirable behaviors that will improve achievement in the classroom.  PBIS is the RtI of behavior that uses research based strategies just like reading and math intervention.

National Education Association (2014). Positive behavioral interventions and supports : A multi-tiered framework that works for every student [Policy Brief]. National Education Association. https://www.nea.org/sites/default/files/2020-06/PB41A-Positive_Behavioral_Interventions-Final.pdf

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Key points of article:

COVID's detrimental affect on academic achievement and the increased number of students who need intervention with Title 1 schools hit the hardest.

COVID's significant impact on students' social emotional well being

Tutoring is beneficial for students who need intervention with the same teacher/tutor but schools find it difficult to service the high number of students who are required to receive tutoring.

Heubeck, E. (2021, October 12). Intervention. Education Week. https://fs24.formsite.com/edweek/images/11-4-2021_Intervention_Sponsored.pdf

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COVID has accelerated the learning gap with students in a low socio-economic status being the most vulnerable.

Teachers need help to close the achievement gap that COVID has widened.

In lower socio-economic homes, adults are often unavailable or unequipped to help their children with school work.

To aide the urgency of closing the gap and provide support to the teachers and students, hiring high-quality tutors is not only an option but almost necessary to bridge gaps in reading and math.  Having online tutors is helpful to students who do not have an adult that is available to help with their education.

Pearson. (2021, October 25). 4 realizations that will help close learning gaps, Pearson.  https://www.k12dive.com/spons/4-realizations-that-will-help-schools-close-learning-gaps/608161/

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4 realizations that will help schools close learning gaps

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Smarthinking online tutors provide a pathway for a brighter future. For over 25 years, our network of expert tutors has helped learners reach their full potential.

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Constitutional Law: 14th Amendment of the United States Constitution (U.S. Const. Amend. XIV).

https://www.law.cornell.edu/constitution/amendmentxiv

This law provides equal rights including the right to a Free and Appropriate Public Education (FAPE) for all students.

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Statutory Law: Right to Information Concerning Special Education and Education of Students with Learning Difficulties Texas Education Code § 26.0081(d).

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

This statute states parents must be notified if their child is recommended for intervention services for behavior and/or academic reasons.

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Judicial Law: 2006 School Board of Independent School District No.11 v. Renollett (School Board of Independent School District v. Renollett, 440 F.3d 1007 (8th Cir. 2006) 207 Ed. Law Rep. 36 (2006).

https://1-next-westlaw-com.easydb.angelo.edu/Document/I88b5d7dfb50a11dab6b19d807577f4c3/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation
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Josh Renollett was a student receiving special education services who took the school district to court believing that he was not afforded a free and appropriate education. He believed that he was not provided a behavior intervention plan (BIP) in his IEP, did not “meet the standards of the State educational agency, did not provide intervention strategies for his behavior, and other educational related arguments.

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Administrative Law: Students with Dyslexia and Related Disorders 19 TAC §74.28.

This statute states a required process for early intervention for dyslexia or any other learning difficulty as well as a requiring public and charter schools a program for intervention.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?
sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=74&rl=28

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Local Law: Curriculum Design and Special Programs. Abilene Independent School District . (2020). Retrieved from https://pol.tasb.org/Policy/Download/1118?filename=EHB(LEGAL).pdf

This policy states the requirements of parental notice and what it must include, dyslexia information, screening, testing, monitoring, and identification of students for dyslexia and any
other learning difficulties.

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Code of Ethics and Standard Practices for Texas Educators: (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (19 TAC §247.2 (F)).

This code is connected to RtI in that teachers and/or tutors may be tempted to falsify time due to the increase of students receiving RtI along with the required hours of HB4545. Staff may also improperly document students receiving RtI to accelerate the referral process to Special Education.

Texas Code of Ethics and Standard Practices, Tx. Stat. §247.2 F (1998). https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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This is a great resource that provides information on what RtI is and the basic components.  This article breaks down the three tiers of intervention that a student goes through.

RTI Action Network (n.d.) What is rti? RTI action network a program of the national center for learning disabilities.  Retrieved December 2, 2021, from http://www.rtinetwork.org/learn/what/whatisrti

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Response to Intervention (RTI) is a multi-tier approach to the early identification and support of students with learning and behavior needs. The RTI process begins with high-quality instruction and universal screening of all children in the general education classroom. Struggling learners are provided with interventions at increasing levels of intensity to accelerate their rate of learning. These services may be provided by a variety of personnel, including general education teachers, special educators, and specialists. Progress is closely monitored to assess both the learning rate and level of performance of individual students. Educational decisions about the intensity and duration of interventions are based on individual student response to instruction. RTI is designed for use when making decisions in both general education and special education, creating a well-integrated system of instruction and intervention guided by child outcome data.

For RTI implementation to work well, the following essential components must be implemented with fidelity and in a rigorous manner:

High-quality, scientifically based classroom instruction. All students receive high-quality, research-based instruction in the general education classroom.

Ongoing student assessment. Universal screening and progress monitoring provide information about a student's learning rate and level of achievement, both individually and in comparison with the peer group. These data are then used when determining which students need closer monitoring or intervention. Throughout the RTI process, student progress is monitored frequently to examine student achievement and gauge the effectiveness of the curriculum. Decisions made regarding students' instructional needs are based on multiple data points taken in context over time.

Tiered instruction. A multi-tier approach is used to efficiently differentiate instruction for all students. The model incorporates increasing intensities of instruction offering specific, research-based interventions matched to student needs.

Parent involvement. Schools implementing RTI provide parents information about their child's progress, the instruction and interventions used, the staff who are delivering the instruction, and the academic or behavioral goals for their child.

Each of these essential components is addressed in the "Include Essential Components" section of this Web site.

Though there is no single, thoroughly researched and widely practiced "model" of the RTI process, it is generally defined as a three-tier (or three-step) model of school supports that uses research-based academic and/or behavioral interventions. The Three-Tier Model is described below.

Tier 1: High-Quality Classroom Instruction, Screening, and Group Interventions

Within Tier 1, all students receive high-quality, scientifically based instruction provided by qualified personnel to ensure that their difficulties are not due to inadequate instruction. All students are screened on a periodic basis to establish an academic and behavioral baseline and to identify struggling learners who need additional support. Students identified as being "at risk" through universal screenings and/or results on state- or districtwide tests receive supplemental instruction during the school day in the regular classroom. The length of time for this step can vary, but it generally should not exceed 8 weeks. During that time, student progress is closely monitored using a validated screening system such as curriculum-based measurement. At the end of this period, students showing significant progress are generally returned to the regular classroom program. Students not showing adequate progress are moved to Tier 2.

The online drug ordering system provides for checking the availability of a prescription, this is done so that teenagers cannot buy cheap generic Viagra and abuse the dosage of the drug.

Tier 2: Targeted Interventions

Students not making adequate progress in the regular classroom in Tier 1 are provided with increasingly intensive instruction matched to their needs on the basis of levels of performance and rates of progress. Intensity varies across group size, frequency and duration of intervention, and level of training of the professionals providing instruction or intervention. These services and interventions are provided in small-group settings in addition to instruction in the general curriculum. In the early grades (kindergarten through 3rd grade), interventions are usually in the areas of reading and math. A longer period of time may be required for this tier, but it should generally not exceed a grading period. Students who continue to show too little progress at this level of intervention are then considered for more intensive interventions as part of Tier 3.

Tier 3: Intensive Interventions and Comprehensive Evaluation

At this level, students receive individualized, intensive interventions that target the students' skill deficits. Students who do not achieve the desired level of progress in response to these targeted interventions are then referred for a comprehensive evaluation and considered for eligibility for special education services under the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004). The data collected during Tiers 1, 2, and 3 are included and used to make the eligibility decision.

It should be noted that at any point in an RTI process, IDEA 2004 allows parents to request a formal evaluation to determine eligibility for special education. An RTI process cannot be used to deny or delay a formal evaluation for special education.

In addition to variations in the tiers used to deliver RTI services, schools use different approaches in implementation, such as problem-solving, functional assessment, standard protocol, and hybrid approaches. Although there are many formats for how a school might implement RTI to best serve the needs of its students, in every case RTI can be a school-wide framework for efficiently allocating resources to improve student outcomes.

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Learn more about how Response to Intervention (RTI) helps students succeed.

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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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Best Practices for How RtI Works:

It is legally required to intervene with students who are struggling academically and behaviorally to close the achievement gap and promote desired behaviors.

Proper documentation of students receiving services is imperative.

Documentation of dates and times is necessary for HB4545 to ensure compliance.

Parents/guardians must be notified of students recommended for RtI services.

COVID has had a significant effect on learning loss and social emotional issues in the classroom.

Early intervention is key to closing and/or eliminating the achievement gap.