Legal & Ethical Guide by Linda Hornbuckle

I. Professional Perspective/Audience & Topic

lbhornbuck — 2020-09-25 01:39:34 UTC

As a teacher of children and adults, I have encountered many types of learners. I have taught for over thirty years. Currently, I serve as the counselor for the prison unit that I work for. I believe and know that using one method to assess a student's ability is not a good practice. Just as there are a wide range of abilities in a given student population, all have some strengths and some weaknesses. Response to Intervention (RTI) takes this fact into account and provides the educator with help to meet the diverse needs of students. Much has been written about the success of RTI in large school districts. Williams (2014) noted how schools in Michigan " were able to create instructional change, build momentum , and define RTI within their schools through a series of transactions with various stakeholders via the implementation of RTI" (p.271-272). The information found in this Guide is written with the rural school district in mind. Thus, this Legal and Ethical Guide is created with the purpose of helping today's educator and parents of students in rural (Schultz, Barrio, & Ruiz, 2020). K-12 settings access the tools and information needed to understand the what, why, and how of providing an effective Response to Intervention.

V. Current News Articles

lbhornbuck — 2020-09-25 01:41:22 UTC

Samuels, C. (2017). RTI may fall short in flagging certain students: Learning disabilities reported as soft spot.

https://www.edweek.org/ew/articles/2017/02/15/rti-may-fall-short-in-flagging-certain.html

II. Summary of Topic

lbhornbuck — 2020-09-25 01:41:50 UTC

This Legal and Ethical Guide provides information on the what, why, and how a Response to Intervention (RTI) plan is important to educators and parents. It is important because it involves using data to help determine if a student has a need for support through services offered by school systems beyond regular classroom instruction. Owocki (2010) stated that "RTI is an approach to instruction that is designed to support students who have special learning or behavior needs. It begins with an intensive effort to provide high-quality education for all students" (p. 2).
Vanderheyden and Burns (2010) noted that "RTI has taken many forms, some good and some not so good. Many things go under the label of RTI, and it is critical that school personnel understand the essentials of good practice" (p. 3).
Therefore, this Legal and Ethical Guide will describe some basic essentials of this educational tool. It is designed to help any school system, but particularly rural systems, learn about RTI. This Guide discusses what RTI is, along with few of the legal and ethical principals which guide it. It provides a data-driven method to ensure that federal, state, and local mandates are carried out in as legal and ethical a manner as possible (Buffum, Mattos, & Weber, 2011).

IV. Current News Articles

lbhornbuck — 2020-09-25 03:17:16 UTC

Sparks, S. (2018). Here's what makes or breaks RTI and other school support systems. https://blogs.edweek.org/edweek/inside-school-research/2018/08/Positive_behavior_systems_support_sustainability.html

III. Professional Association

lbhornbuck — 2020-09-25 03:28:44 UTC

Fisher, D. and Frey, D. (2010). Enhancing RTI: How to ensure success with effective classroom instruction and intervention. http://www.ascd.org/Publications/Books/Overview/Enhancing-RTI.aspx#Video
This video is an excellent resource that briefly introduces the authors of the book. In the video, they give a short overview of what their book is about. They define what Response to Intervention is and what, in their opinion, it is not.

VI. Original Sources of Law

lbhornbuck — 2020-09-25 04:48:08 UTC

Individuals with Disabilities Education Act P. L. 108-446:

Requirement/History-
“President Bush signed the Individuals with Disabilities Education Improvement Act (Public Law 108- 446: IDEA 2004) on December 3, 2004. This law promotes accountability for results, enhances parent involvement, uses proven practices and materials, provides more flexibility, and reduces paperwork burdens for teachers, states and local school districts. Many sections of the new law took effect on July 1, 2005. The regulations took effect on October 13, 2006” (Idea Partnership, n. p.). Source of Law: Statutory Law

VII. Original Sources of Law

lbhornbuck — 2020-09-25 04:51:20 UTC

D.G. v. Flour Bluff Independent School, No. 11-40727 (5th Cir. 2012+86.)

In this case, the parent of a Flour Bluff high school student sued the district. The parent sued because she felt that the system did not do their due diligence to have her son put into the district's Special Education program.
Source of Law: Federal Administrative

VIII. Original Sources of Law

lbhornbuck — 2020-09-25 05:20:54 UTC

Tex. Educ. Code § 30.001

"Sec. 30.001.  COORDINATION OF SERVICES TO CHILDREN WITH DISABILITIES.  (a)  In this section, "children with disabilities" means students eligible to participate in a school district's special education program under Section 29.003.(b)  The commissioner, with the approval of the State Board of Education, shall develop and implement a plan for the coordination of services to children with disabilities in each region served by a regional education service center"(Tex. Educ. Code § 30.001, n. p.).

Source of Law: Texas Administrative Code

IX. Original Sources of Law

lbhornbuck — 2020-09-25 05:28:12 UTC

Hous. Indep. Sch. Dist. v. V. P. ex rel. Juan P., 582 F.3d 576, 583 (5th Cir.- 2009)

This law stated that "The Houston Independent School District (HISD) initiated the present action in the district court as an appeal of an administrative decision that HISD had denied a child a free appropriate public education. The relevant statute is the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. Reimbursement for a year of private school placement was awarded. The district court affirmed the decision. The court denied reimbursement for the private school placement during a second school year that occurred during the pendency of the proceedings. Both parties were aggrieved and appeal. We AFFIRM as to the reimbursement for the first school year, REVERSE and RENDER as to the second year, and REMAND for further proceedings as to attorney's fees" (Hous. Indep. Sch. Dist. v. V. P. ex rel. Juan P., 582 F.3d 576, 583 (5th Cir.- 2009, n. p.).

Source of Law: Local Administrative Law

X. Local Administrative Law/Policy/Rule

lbhornbuck — 2020-09-25 05:41:02 UTC

Palestine Independent School District is a rural school district located in the city of Palestine, Texas. Their local policy for their Response to Intervention reads:
" The RtI team will review documentation of planning, instruction, student participation, and assessment when a student is not learning. An RtI plan will be put in place for early intervention. Tier I and Tier II will be exhausted before a referral to Special Education is made unless there is a request from a parent. ● This year we are implementing RtI Speech" ( Palestine Independent School District, 2018, p. 23).

XI. Ethical Principle

lbhornbuck — 2020-09-25 05:48:58 UTC

Response to Intervention Action Network. (2020).What is the role of the School Counselor in RTI?
http://www.rtinetwork.org/index2.php?option=com_content&task=view&id=288&pop=1&..

"RTI Process for the Counselor:
Tier 1: Universal Core Instructional Interventions: All Students, Preventative and Proactive
1. Standards and Competencies (Foundation)
2. Guidance Curriculum (Delivery System)
3. Individual Student Planning (Delivery)
4. Curriculum Action Plan (Management)
5. Curriculum Results Report (Accountability)
Tier 2: Supplemental/Strategic Interventions: Students at Some Risk
1. Standards and Competencies (Foundation)
2. Individual Student Planning (Delivery)
a. Small group appraisal
b. Small group advisement
3. Responsive Services (Delivery)
a. Consultation
b. Individual counseling
c. Small group counseling
4. Closing the Gap Action Plan (Management)
5. Closing the Gap Results Report (Accountability)
Tier 3: Intensive, Individual Interventions: Students at High Risk
1. Standards and Competencies (Foundation)
2. Responsive Services (Delivery)
a. Consultation
b. Individual counseling
c. Small group counseling
d. Referral to school or community services
3. Closing the Gap Action Plan (Management)
4. Closing the Gap Results Report (Accountability)

Evaluation, Assessment, and Interpretation (Section E)

The purpose of Section E is to provide ethical guidelines that focus on how to ethically use formal and informal assessments to guide treatment plans and intervention selection.

Counselors must:

Understand the use of assessments as an important part of information gathering and to assist in conducting clients’ treatment and evaluation.
Use educational, mental health, forensic, and career assessments (among others) on which they are trained and have had comprehensive supervised experience administering and interpreting.
Diagnose clients and interpret assessments accurately and in a culturally sensitive manner" (Northwestern: The Family Institute. (2016, n. p.).

XII. Non-Law Source

lbhornbuck — 2020-09-25 06:00:40 UTC

Brendle, J. (2015). A survey of Response to Intervention Team members’ effective practices in rural elementary schools. Rural Special Education Quarterly, 34(2), 3–8.

Shepherd, K., & Salembier, G. (2011). Improving schools through a Response to Intervention approach: A cross-case analysis of three rural schools. Rural Special Education Quarterly, 30(3), 3–15.

XIII. Summary of Content and Recommendations

lbhornbuck — 2020-09-25 06:15:34 UTC

· It is recommended that the laws and statutes listed in this Guide be read and researched for further information on the subject of what, how, and why of Response to Intervention.

· The author’s listed in this Guide may have other books that will help supplement what has been listed in this Guide. It is recommended that they be researched for possible inclusion in a RTI program.

· There are many sources of data that can be adapted that will help with the record-keeping aspect of RTI activities/initiatives.

· Collaboration is the key to use of these and any other strategies to successful RTI implementation.

· Rural districts can be just as successful with carrying out RTI plans as any large school district.

· Never be afraid to ask for assistance from your local service center and your district and state Special Education departments.

· Good luck as you go forward to moving ahead with RTI in your school.

References

Austin Buffum, Mike Mattos, Chris Weber: (2011). Simplifying Response to Intervention: Four Essential Guiding Principles (An RTI Book for Professional Learning Communities). Solution Tree Press: Bloomington, IN.

Brendle, J. (2015). A survey of Response to Intervention team members’ effective practices in rural elementary schools. Rural Special Education Quarterly, 34(2), 3–8.

D.G. v. Flour Bluff Independent School, No. 11-40727 (5th Cir. 2012+86.)

Hous. Indep. Sch. Dist. v. V. P. ex rel. Juan P., 582 F.3d 576, 583 (5th Cir.- 2009)

Individual With Disabilities Education Act (2020). IDEA–Reauthorized Statute: Statewide and districtwide assessments. http://www.ideapartnership.org/using-tools/topic-briefs/statutory-provisions/1669-statewide-and-districtwide-assessments.html

Northwestern: The Family Institute. (2016). American Counseling Association Code of Ethics. https://counseling.northwestern.edu/blog/ACA-Code-of-Ethics/

Owocki, G. (2010). The RTI daily planning book, K-6: Tools and strategies for collecting and assessing reading data & targeted follow-up instruction. Heinemann: Portsmouth, NH.

Palestine Independent School District. (2018). Northside Primary School Campus Improvement Plan 2017-2018. (http://www.palestineschools.org/upload/page/0032/docs/17-18-CIPS/Northside-CIP-2017-2018.pdf, p. 23).

Public Law 108- 446: IDEA 2004)

Response to Intervention Action Network. (2020). What is the role of the counselor in RTI? rtinetwork.org/index2.php?option=com_content&task=view&id=288&pop=1&..

Schultz, S. M., Barrio, B. L., & Ruiz, M. I. (2020). Beyond traditional Response to Intervention: Helping rural educators understand English learners’ needs. Rural Special Education Quarterly, 39(1), 35–53. https://doi.org/10.1177/8756870519894661

Shepherd, K., & Salembier, G. (2011). Improving schools through a Response to Intervention approach: A cross-case analysis of three rural schools. Rural Special Education Quarterly, 30(3), 3–15.

Tex. Educ. Code § 30.001

Vanderheyden, A. M. & Burns, M. K. (2010). Essentials of Response to Intervention. John Wiley & Sons: Hoboken, NJ.

Williams, S. M. (2014). Brokering instructional improvement through Response to Intervention. Journal of School Public Relations, 35(2), 271–297. https://doi.org/10.3138/jspr.35.2.271