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/

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

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

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

U.S. Const. amend. XIV

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

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.

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

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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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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

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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·       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.