Illinois State Board of Education Special Education Eligibility and Entitlement within a Response to Intervention Framework: Frequently Asked Question
Illinois State Board of Education Special Education Eligibility and Entitlement within a Response to Intervention Framework: Frequently Asked Questions
This document serves as guidance on special education eligibility within the framework of Response to Intervention (RTI). It focuses on helping educators understand the relationship between RTI and eligibility for special education services.
Table of Contents
Introduction
A. Response to Intervention (RTI) versus Multi-Tiered System of Support (MTSS)
A-1. What is RTI? What is MTSS? How are they the same/different?
A-2. What do Tier 1, Tier 2, and Tier 3 supports include within an RTI framework?
A-3. Can students receive support for academic and behavioral difficulties concurrently?
B. Essential Components of RTI Data-Based Decision-Making
B-1. What is a universal screening tool and what are scientific, research-based screening tools?
B-2. How can the universal screening data be used to make decisions about placement in tiered interventions?
B-3. How long must an intervention be implemented?
B-4. What information is available to learn more about a process to use data to tailor the provision of interventions?
B-5. What are the best ways to establish and document the fidelity of implementation integrity of instruction and/or intervention?
B-6. What are scientific, research-based progress monitoring tools for reading, math, and writing?
B-7. How frequently should progress be monitored?
B-8. Is there a requirement regarding the number of data points that must be collected prior to a referral for a special education evaluation?
B-9. What is significantly discrepant? What is inadequate progress?
B-10. Should we compare a student’s performance to that of age-level peers or to grade-level standards when determining discrepancy/gap and rate of progress?
B-11. When implementing an RTI model, how is the criterion for “repeated assessments of achievement at reasonable intervals” established for a student who has recently moved into the district and is suspected of having a specific learning disability (SLD)?
B-12. How can we ensure that assessments we use are appropriate for English Learners (ELs)?
C. Scientific, Research-Based Curriculum, Instruction, and Evidence-Based Interventions
C-1. How do we determine that our core curriculum is scientifically research-based?
C-2. What are some additional considerations that may be unique to ELs in terms of their “opportunity to learn”?
C-3. In the context of integrity in the implementation of the curriculum, what does the term “limited access to EL services” mean?
C-4. Is it permissible to use a “standard protocol” intervention approach rather than a problem-solving approach at Tier 2?
C-5. What are resources for identifying scientific, research-based instruction and evidence-based interventions? Do computer-based interventions qualify as evidence-based interventions?
C-6. Is Tier 3 ONLY special education?
D. Special Education Evaluation
D-1. When is a special education evaluation initiated in an RTI process?
D-2. How can the requirement for a full and individual evaluation be met in an RTI model?
D-3. What constitutes a “sufficiently comprehensive evaluation”? Can existing evaluation data be used to meet the requirements of a comprehensive evaluation?
D-4. Can a Review of existing data meeting and an eligibility meeting occur at the same time?
D-5. Can parents request an evaluation while their child is involved in an RTI process?
D-6. If a parent requests an “immediate” evaluation during or prior to the RTI process, how does the school fulfill its obligation to complete the evaluation within the 60 school-day timeframe?
D-7. When is informed parental consent sought for evaluation when RTI is used?
D-8. Who should make up the multi-disciplinary team when an RTI process is used as part of the evaluation procedures to determine special education eligibility?
D-9. How will we determine the existence of an SLD in the areas of oral expression, listening comprehension, and written expression where no formal RTI is being done?
D-10. Does cognitive processing need to be assessed as part of an SLD eligibility evaluation?
D-11. With regard to ruling out cultural factors as the primary reason a student is experiencing difficulty, what constitutes culturally responsive instruction?
D-12. When ruling out limited English proficiency, what about ELs who have had limited access to language assistance instructional programs?
D-13. Given the requirement at 23 IAC 226.130 for use of an RTI process as part of the evaluation procedures for SLD, can the results of independent evaluations be used to determine eligibility for SLD?
D-14. How is RTI used when conducting evaluations of parentally placed private school students or students who are home-schooled?
D-15. How are reevaluations conducted when using RTI?
E. Eligibility and Entitlement
E-1. I have heard the terms “eligibility” and “entitlement” used. How are they different?
E-2. Can we use RTI to determine eligibility for disability categories other than SLD?
E-3. Can more timely procedures be used to determine eligibility?
E-4. Is RTI just a way to avoid providing special education services?
E-5. What happens if the school team has made changes to the interventions based on student data but has not been able to identify an intervention that results in a positive rate of improvement for a student?
E-6. Why doesn’t the document delineate more specific/prescriptive eligibility criteria for SLD?
E-7. Can a student’s eligibility for SLD be determined by establishing a pattern of strengths and weaknesses in performance?
E-8. Can a student’s eligibility for SLD be determined by establishing a severe discrepancy between intellectual ability and achievement?
E-9. What happens to students who are gifted and talented but still have learning difficulties?
F. References
Introduction
This document complements the Illinois Special Education Eligibility and Entitlement Procedures within an RTI Framework guidance document. The aim is to assist districts in utilizing RTI data for special education eligibility decision-making. Although it provides detailed information, it is not a substitute for professional legal advice.
A. Response to Intervention (RTI) versus Multi-Tiered System of Support (MTSS)
A-1. What is RTI? What is MTSS? How are they the same/different?
The Every Student Succeeds Act (ESSA), passed in 2015, allows districts to use funding to support a Multi-tiered System of Supports (MTSS).
RTI is a process focused on identifying students with disabilities as specified in IDEA, while MTSS encompasses both academic and behavioral student needs.
The federal Office of Special Education and Rehabilitative Services has defined RTI as a variant of MTSS in its communications.
Both RTI and MTSS employ a data-driven, multi-tiered approach to support students.
A-2. What do Tier 1, Tier 2, and Tier 3 supports include within an RTI framework?
Tier 1:
Core instruction for the whole class.
Must be high-quality, universally designed, and culturally responsive.
Tier 2:
Small group instruction that supplements Tier 1.
Utilizes evidence-based interventions tailored to academic needs.
Tier 3:
Intensive, individualized instruction.
Can be provided either individually or in small groups and requires high dosages.
General Notes:
Tier 1 supports must meet the needs of 80% of students, and both Tier 2 and Tier 3 serve as supplemental support.
All tiers must employ evidence-based practices with fidelity and cultural/language responsiveness.
A-3. Can students receive support for academic and behavioral difficulties concurrently?
Yes, students with both academic and behavioral needs can receive concurrent support under the RTI/MTSS system.
Data-driven team decisions will identify the appropriate levels of support required in both areas based on individual student needs.
B. Essential Components of RTI Data-Based Decision-Making
B-1. What is a universal screening tool and what are scientific, research-based screening tools?
Universal screening is an assessment of all students on key indicators, providing data on curriculum effectiveness and student needs.
Research-based tools are evaluated for effectiveness and rigor using established standards such as the National Center on Intensive Intervention's review process.
B-2. How can the universal screening data be used to make decisions about placement in tiered interventions?
Screening data helps determine if the core curriculum adequately supports 80%+ of students, guiding decisions about supplemental or intensive interventions.
Decisions should be team-based, considering multiple data sources.
B-3. How long must an intervention be implemented?
No set duration; it should be based on individual progress, with adjustments made as needed based on student performance data.
B-4. What information is available to learn more about a process to use data to tailor the provision of interventions?
Data-Based Individualization (DBI) process involves five steps:
Validated Intervention Program: Ensure interventions meet specific criteria.
Progress Monitor: Regular analysis of performance data.
Diagnostic Data: Develop hypotheses about student struggles.
Intervention Adaptation: Modify interventions based on data and hypotheses.
Progress Monitor: Continue to assess effectiveness after changes.
B-5. What are the best ways to establish and document the fidelity of implementation integrity of instruction and/or intervention?
Approaches include professional development and monitoring tools to maintain high fidelity in delivering interventions.
B-6. What are scientific, research-based progress monitoring tools for reading, math, and writing?
Progress monitoring is formative assessment, evaluating student performance over time.
Essential for determining response to intervention and effectiveness of instruction.
B-7. How frequently should progress be monitored?
Recommended monitoring frequency:
Tier 2: At least twice per month.
Tier 3: At least weekly.
B-8. Is there a requirement regarding the number of data points that must be collected prior to a referral for a special education evaluation?
No specific guidelines; it is recommended to collect at least six data points for accurate progress estimation prior to evaluation.
B-9. What is significantly discrepant? What is inadequate progress?
Significant discrepancy indicates skill deficits compared to age-level peers or benchmarks. Inadequate progress occurs when a student fails to show growth with research-based interventions.
B-10. Should we compare a student’s performance to that of age-level peers or to grade-level standards when determining discrepancy/gap and rate of progress?
Districts must decide if comparison will be to age-level peers or grade-level standards, often favoring grade-level standards aligned with state learning expectations.
B-11. When implementing an RTI model, how is the criterion for “repeated assessments of achievement at reasonable intervals” established for a student who has recently moved?
Universal screening should be administered to establish the new student's performance against defined criteria, even during the evaluation process.
B-12. How can we ensure that assessments we use are appropriate for English Learners (ELs)?
Assessments must reflect authentic language use, provide scaffolds, and align with the student’s language proficiency levels. The assessment tools should differentiate between language proficiency skill and content area knowledge.
C. Scientific, Research-Based Curriculum, Instruction, and Evidence-Based Interventions
C-1. How do we determine that our core curriculum is scientifically research-based?
Assess alignment with national/state standards and effective instructional research using evaluation tools provided by ISBE.
C-2. What are some additional considerations that may be unique to ELs in terms of their “opportunity to learn”?
All students should receive evidence-based language and literacy instruction as part of core curriculum to ensure adequate learning opportunities.
C-3. In the context of integrity in the implementation of the curriculum, what does “limited access to EL services” mean?
Could refer to a lack of appropriate services available to ELs due to parental refusals or institutional changes in instructional programs.
C-4. Is it permissible to use a “standard protocol” intervention approach rather than a problem-solving approach at Tier 2?
A balance can be achieved between standard protocols and tailored problem-solving methods across RTI tiers.
C-5. What are resources for identifying scientific, research-based instruction and evidence-based interventions?
A variety of established websites provide evidence-based intervention guidelines and instructional strategies across multiple subjects.
C-6. Is Tier 3 ONLY special education?
No, Tier 3 interventions can include both special education and intensive supports beyond general education within the RTI framework.
D. Special Education Evaluation
D-1. When is a special education evaluation initiated in an RTI process?
An evaluation can be initiated at any time based on a student’s progress and response to interventions.
D-2. How can the requirement for a full and individual evaluation be met in an RTI model?
Federal regulations require comprehensive evaluation using multiple assessment tools to determine special education needs.
D-3. What constitutes a “sufficiently comprehensive evaluation”? Can existing evaluation data be used to meet the requirements of a comprehensive evaluation?
A comprehensive evaluation should be tailored to the individual, using existing data to reduce redundancy in data collection.
D-4. Can a Review of existing data meeting and an eligibility meeting occur concurrently?
Yes, provided all requirements are met and parents understand the criteria being reviewed.
D-5. Can parents request an evaluation while their child is involved in an RTI process?
Parents maintain the right to request evaluations at any point, and districts must respond within a designated timeframe.
D-6. If a parent requests an “immediate” evaluation during or prior to the RTI process, how does the school fulfill its obligation?
Schools must clarify the RTI process and provide necessary interventions during the evaluation period.
D-7. When is informed parental consent sought for evaluation when RTI is used?
Consent is needed prior to any special education evaluations but not for interventions during the RTI process.
D-8. Who should make up the multi-disciplinary team for evaluating special education eligibility through RTI?
Team members include parents, general education teachers, special education professionals, and individuals who can interpret evaluation results.
D-9. How will we determine the existence of an SLD in areas of oral expression, listening comprehension, and written expression where no formal RTI is being conducted?
Benchmark data should be collected in these areas to inform decisions.
D-10. Does cognitive processing need to be assessed as part of an SLD eligibility evaluation?
No, cognitive processing assessments are not required by federal regulations for SLD determination.
D-11. With regard to ruling out cultural factors as the primary reason a student is experiencing difficulty, what constitutes culturally responsive instruction?
Culturally responsive instruction adapts teaching methods to accommodate cultural differences in learning.
D-12. When ruling out limited English proficiency, what about ELs who may have had limited access to language assistance programs?
Such students must receive evidence-based, dual-language interventions considering their unique educational backgrounds and the adequacy of their previous language programs.
D-13. Can the results of independent evaluations be used to determine eligibility for SLD?
Yes, but only following a full evaluation process by the school.
D-14. How is RTI used when evaluating parentally placed private school or home-schooled students?
The same evaluation principles and processes apply to these students as regular students, using data as necessary.
D-15. How are reevaluations conducted when using RTI?
Reevaluations involve the same processes as evaluations, using RTI data to inform continuous needs assessment.
E. Eligibility and Entitlement
E-1. How are “eligibility” and “entitlement” defined?
Eligibility relates to a student's qualification for special education based on identified disability categories.
Entitlement refers to the rights to services afforded when a student is determined eligible.
E-2. Can we use RTI to determine eligibility for other disabilities?
Yes, RTI can apply for all disabilities if the evaluation is comprehensive and meets specific eligibility criteria.
E-3. Can more timely procedures be used for eligibility determination?
RTI is designed to be timely and effective, addressing needs before special education designation.
E-4. Is RTI a means to avoid special education services?
No, RTI is intended to ensure students receive timely interventions, leading to potential special education when necessary.
E-5. What if interventions do not yield a positive rate of improvement?
It prompts review of data to determine if a student qualifies for special education based on inadequate progress.
E-6. Why doesn’t eligibility criteria for SLD delineate specifics?
Federal and state rules empower districts to define eligibility within a broad framework based on individual performance assessments.
E-7. Can a student’s SLD eligibility rely on performance patterns?
Yes, but it is optional and should align with evidence-based intervention data collected during RTI.
E-8. Can a severe discrepancy between ability and achievement determine SLD eligibility?
Yes, but it is supplemental – not an exclusive basis for determining eligibility.
E-9. Students gifted and talented with learning difficulties – what happens?
They can receive interventions within RTI; if not able to meet grade-level expectations with general resources, they may qualify for services.
F. References
Numerous academic and state documents are cited to provide guidelines, research, and best practices for implementation of the discussed frameworks and evaluation methods.