The topic that will be addressed in the legal guide is: how response to intervention (RTI) works.

The intended audience for this topic is for teachers K-5 on my current elementary campus.  

Another duty of a school counselor is to address the special needs of students who may need modified instructional strategies or need additional interventions (Texas Education Agency, 2018). I have been assigned to provide training for the whole campus on RTI. The principal has asked that I provide teachers with specific guidelines on what/why/how for RTI. Therefore, this is a perfect opportunity for me to dig in deeper and gain knowledge about all the aspects of RTI and be ready to train my campus effectively.

REFERENCE:

Texas Education Agency. (2018). The Texas model for comprehensive school counseling programs (5th ed.). Texas Counseling Association. https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf.

This topic is important in the education world because many teachers are expected to provide these interventions in the classrooms and many are not familiar with the topic nor the process. The topic of response to intervention (RTI) is impacting the education field as more and more children are in the classroom with many gaps in their education for a variety of reasons.

Response to intervention (RTI) is a process used in the classroom for students who are struggling with a specific skill or lesson. To clarify, an intervention is a set of teaching procedures used with students for a clearer understanding of the skill or lesson.  The goal is to help any student to succeed in the classroom that may be struggling, it is not just for children with special needs or a learning disability. When students don’t respond to the initial interventions, teachers may provide more focused interventions to help the student master the skill. RTI strategies can address both learning and behavior.

What is one emerging issue related to the topic that we should be watching for as the issue evolves?

The emerging issue related to Response to intervention (RTI) is that in some cases there are many individuals who mistakenly think that it is used for the sole purpose of only identifying students for a learning disability. There are many school districts or individuals who do use it as an indicator of possible learning disabilities. Therefore, the issue is that all the misconceptions need to be cleared up before any other legal issues arise.

The RTI process was introduced within the 2004 reauthorization of IDEA, within the regulatory notes as a method to help identify students with specific learning disabilities. In the notes, it asks school districts not to rely on what is called the discrepancy model for identification of special learning disabilities and to consider using interventions tried within RTI. For the most part, school districts use Response to Intervention (RTI) before any special education referral, and very few use the method to identify students.

REFERENCE:

Special Education Guide. (2013-2024). Response to intervention. https://www.specialeducationguide.com/pre-k-12/response-to-intervention/

Training #1 is titled, Teachers Make It Work: Response to Intervention. This session will discuss the recent changes in the federal IDEA where it encourages the use of RTI as a strategy to identify students in need of special education services. It will provide the critical role of the teacher, how RTI works, what makes RTI effective, and what it looks like for a everyone involved.

Training #2 is titled, Response to Intervention: A System of Support for Students and Teachers. This session focuses on the definition of the RTI process with an emphasis on supporting struggling learners and the teachers. Specific examples of evidence-based strategies for academic and behavioral needs will be provided for elementary and secondary levels.

Remember to check your personal professional association for similar possible accessibilities to these types of resources.

REFERENCE:

Texas Classroom Teachers Associations. (2024). Online CPE. https://www.tcta.org/membership/online-cpe

-Research data is detailing the large academic gaps for many students due to the pandemic and clearly shows there is extensive work that needs to be done by educators.

- School districts are pinpointing on which interventions and strategies to implement to help bridge the gaps.

-The focus is on evidence-based interventions for academic recovery with consistency.

-Educators must acknowledge the severe gaps in place for many students before addressing the possible need for an evaluation for special education or other resources needed.

REFERENCE:

Kuhfeld, M., Soland, J., Lewis, K., & Morton, E. (2022). The pandemic has had devastating impacts on learning. What will it take to help students catch up? The Brookings Institution. https://www.brookings.edu/articles/the-pandemic-has-had-devastating-impacts-on-learning-what-will-it-take-to-help-students-catch-up/

-The challenge for many schools is if the intervention programs that are in place for RTI are effective.

-Research has shown that even though RTI is implemented, it has been ineffective for many schools.

-Administrators must figure out how to implement RTI effectively.

-The article provides the 5 steps to evaluate intervention programs.

REFERENCE:

Caposey, P. (2023). 5 steps to evaluate intervention programs. Edutopia. https://www.edutopia.org/article/evaluating-intervention-programs

Individuals with Disabilities Education Act (IDEA) is the federal law that makes U.S. public education free to all eligible children with disabilities and ensures special education services to those children. The law also governs how states and public agencies provide early intervention, special education, and related services to all children, ages 3-21, with disabilities.

The law is clear in the administrative regulation in Code of Regulations, within the early intervention, special education, and related services stating that Response to Intervention can be used specifically when any student who is struggling to master skills in the classroom can be given interventions and strategies.

The goal with RTI is to help any student to succeed in the classroom that may be struggling, it is not just for children with special needs or a learning disability. When students don’t respond to the initial interventions, teachers may provide more focused interventions to help the student master the skill. Even after that, if no progress is shown, then a special education referral may be provided. However, this law specifically states that having gaps within the curriculum or many other factors cannot be a sole factor to determine eligibility for a disability.

Source of Law: Statutory

Citation: Individuals with Disabilities Education Act, 20 U.S.C. § 1400 (2004)

Assistance to States for the Education of Children with Disabilities, CFR § 300.302, 300.306

Link for statue: http://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter33&edition=prelim

References:

Individuals with Disabilities Education Act, (n.d.). About IDEA. https://sites.ed.gov/idea/about-idea/

Individuals with Disabilities Education Act, (n.d.). Chapter III- office of special education and rehabilitative services, department of education. https://sites.ed.gov/idea/regs/

Senate Bill (SB) 1153, 85th Texas Legislature (2017) is a bill that is entitled as an act that relates to parental rights and information regarding certain intervention strategies used with students in public schools.

In the Texas Education Code 26.0081, it states that school districts must provide clear information to parents for any student who is having any learning difficulties or who need or may need special education services. The information that must be included is the timeframe, description of assistance or interventions, data collected, and outcomes from interventions. Therefore, any school district providing any RTI services to students must adhere by notifying parents of the interventions and strategies provided along with the progress and outcomes.

Source of Law: Statutory

Citation:

Senate Bill 1153 (85th Legislature, R, 2017)

Right to Information Concerning Special Education and Education of Students with Learning Difficulties, Tex. Educ. Code § 26.0081

Link for bill and statue: https://capitol.texas.gov/tlodocs/85R/billtext/html/SB01153S.htm

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.26.htm#:~:text=26.008.,as%20provided%20by%20Section%2038.004.

References: Texas Education Agency, (2024). Response to Intervention. https://tea.texas.gov/academics/special-student-populations/special-education/programs-and-services/response-to-intervention

Section 504 of the Rehabilitation Act of 1973 is a national law, civil rights statue, that protects qualified individuals from discrimination based on their disability requiring that schools, who receive federal financial assistance for educational purposes, not discriminate against children with disabilities.

Under this law, Section 504 committees can monitor progress associated with RTI, and they can also advocate and ensure that no discrimination occurs for students under 504. This is simply to ensure that such students continue to have equal access to Response to Intervention (RTI) as it may be a misconception with other educators that since the student receives 504 services, RTI cannot be offered.

Source of Law: Statutory

Citation:

-US Code: 29 U.S.C. §794.

-Code of federal regulations: 34 C.F.R. § 104

Links:

https://www.law.cornell.edu/uscode/text/29/794

https://www.ecfr.gov/current/title-34

https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-104

References:

Texas Education Agency, (2024). Section 504. https://tea.texas.gov/academics/special-student-populations/section-504

Every Student Succeeds Act (ESSA), 2015, is a national, federal law with a clear focus of fully preparing all students for success in college and careers. The law has provisions for advanced equity, high academic standards, evidence-based and place-based interventions, high quality preschool opportunities, accountability and action to make positive changes for lowest performing schools and much more.

The accountability requirements for this law aims to measure and address achievement gaps plus identify areas that need more support in the “closing the gaps” domain. School districts are relying greatly on evidence-based and place-based interventions with the goal of closing the gaps with any student who is having difficulties learning. Response to Intervention (RTI) provided by teachers is one way that will assist to close the educational achievement gaps.

Source of Law: Statutory

Citation:  20 U.S.C. § 6301 (2015)

Link: https://www.congress.gov/114/plaws/publ95/PLAW-114publ95.pdf

References: U.S. Department of Education, (n.d.). Every student succeeds act (ESSA): A new education law. https://www.ed.gov/essa?src=rn

In my current school district, Ector County ISD, it is stated, “In an effort to promote nondiscrimination and as required by law, Ector County ISD does not discriminate on the basis of race, color, religion, national origin, age, sex, or disability in providing education services, activities, and programs, including Career and Technical Education (CTE) programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended.” (Ector County ISD, 2023, p. 107).  The district follows federal and state laws to enforce the policy for the district.

Ector County ISD, follows federal and state requirements that are included in the districts board policy along with the district’s improvement plan.  In the section of “closing the gap” it is stated that the district will provide early interventions, “providing educational and behavioral evaluations, services, and supports, including scientifically-based literacy instruction”.

Then on the district’s website it displays and explains their RTI process that is in place for the district. It explains the 3 Tiers with a timeline and what each tier provides.

Reference:

Texas Education Agency. (2022). Closing the gap. https://fw.escapps.net/node/3893

Citation: 34 Code of Federal Regulations § 300.226

Link: https://fw.escapps.net/node/3821

Link for district’s website explaining the process for academics and behavior: https://www.ectorcountyisd.org/departments/multi-tiered-systems-of-support-mtss/mtss-resources-and-links

Source of Law: Administrative

Citation:

Ector County ISD, (2023). Employee handbook. https://resources.finalsite.net/images/v1712912904/ectorcountyisdorg/cktcovsdb40oigquefnv/2023-2024EmployeeHandbook_7_25_23.pdf

Link: https://resources.finalsite.net/images/v1712912904/ectorcountyisdorg/cktcovsdb40oigquefnv/2023-2024EmployeeHandbook_7_25_23.pdf

The stakeholders are crucial to the academic needs of students and when they are struggling, the educational team gathers to discuss all the possible resources available which can include RTI to help the struggling student master the skills. When one recommendation doesn’t help then as a team we are to find something else until the student is successful academically.

REFERENCE:

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

REFERENCE:

Texas Project First, (2024). Response to Intervention. https://texasprojectfirst.org/en/pre-referral-response-to-intervention-2/

The Response to Intervention (RTI) is a simple process that can be very effective when implemented correctly. The main purpose of RTI is for all students who are struggling with specific skills or lessons. School districts are implementing interventions to close the gap and help students master skills to continue to be successful in class. It is imperative that educators understand that RTI is not to be used for the sole purpose of identifying students for a learning disability, it is to be used with all students with learning gaps, unless noted specifically by the school district.

Recommendations:

1.     Ensuring that Response to Intervention (RTI) is offered to all students who are struggling with certain skills, to help all students master them, and become successful academically.

2.     Ensuring that the RTI is an evidence-based program and that it is being implemented correctly.

3.     The need to evaluate intervention programs is a must to measure their effectiveness.

4.     For any type of clarification on any process, consult with the experts to review the law to ensure everyone is complying.

5.     Provide multiple professional learning opportunities for teachers and staff on the process of RTI along with the legal aspects that go along with it.

6.     Provide professional learning for teachers and staff on the ethical standards for educators at least twice a year.