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					                              Guidance for Response to Intervention
                             Spring 2008 Proposed Regulation Changes
                                      Effective June 11, 2008

      This document is based on the spring 2008 proposed changes to the Response to
      Intervention regulations and in response to public comment. The proposed changes to
      these regulations on Response to Intervention became effective on June, 11 2008.



                                             14 Del.C.Section 122(d)
                   925 Children with Disabilities Subpart D, Evaluations, Eligibility
                         Determination, Individualized Education Programs



           I. DOE Timeline and Schedule for Mathematics and Secondary Implementation


             6.11 Eligibility Criteria for Learning Disability:
                     6.11.3.1 Elementary school children: No later than the beginning of the 2008- 2009 school
year, public agencies shall use the standards and procedures in 7.0 through 12.0, including the response to
intervention process, to determine whether a child in elementary school (as elementary school is defined by the
public agency) is eligible for special education and related services under the learning disability category. In the
case of mathematics, implementation shall be on a timeline and schedule as defined by the DOE.
                     6.11.3.2 Other students: Public agencies shall use the standards and procedures in 7.0 to
12.0, including the response to intervention process for other students on a timeline and schedule as defined by
DOE, to determine whether a student is eligible for special education and related services under the learning
disability category.


      Additional Information:

          1. Professional Development supporting RTI implementation for secondary schools
             will begin June 2008.
          2. Districts will be given twelve months of planning for RTI implementation for
             secondary schools post professional development opportunities and prior to
             implementation start date.
          3. RTI implementation timeline for secondary schools will include consideration of
             results from pilot schools.
          4. RTI implementation for mathematics at elementary and secondary levels will
             include scaling up opportunities.
          5. Scaling up for mathematics at the elementary level will begin during the 2008-2009
             school year.
          6. RTI implementation start date for mathematics at elementary level will begin no
             later than the start of the 2009-2010 school year.




      Delaware Department of Education, June 2008
        II. Universal Screening

             12.6.1 Universal Tier 1 instructional screenings for reading and mathematics at the elementary level
shall be conducted at least 3 times each regular school year at routine and fairly spaced intervals. For students at
risk of academic failure, the first screening shall be conducted within 2 weeks of the beginning of the regular
school year, or within 2 weeks of the child’s entry into school. Tier I instructional screenings for reading and
mathematics at the secondary level shall be conducted for students at risk of academic failure at least three (3)
times each regular school year at routine and fairly spaced intervals. The first screening shall be conducted with
two (2) weeks of the beginning of the regular school year, or within two (2) weeks of the child’s entry into
school.


    Clarification:

    “conducted” will be defined as:
       1. A review and analysis of multiple sources of data at least three times each school
          year that reasonably indicate
              a. students at or above benchmark,
              b. students at risk of academic failure,
              c. students in need of interventions beginning the first day of the following
                  school year
                       i. screenings should be conducted the previous spring to determine
                          students in need of intervention(s) and scheduling needs including
                          time and resources,
              d. students that should be administered a screening assessment during the first
                  two weeks of school (see “at risk” definition below), and
              e. students that should be administered a screening assessment three times
                  each school year
                       i. students at grades K-2 should be administered a screening
                          assessment three times each school year following a fall, winter, and
                          spring assessment schedule
                      ii. students at grade 3-8 should be administered a screening assessment
                          three times each school year following a fall, winter, and spring
                          assessment schedule if sufficient data are not available to determine
                          a. through d. above.
       2. A review and analysis of available data at least three times each school year from
          curriculum-based measures, norm referenced tests, and/or screening assessments,
          as well as non-academic screenings such as medical, mental health and behavior
          measures that could indicate a related academic concern for all
              a. elementary students
              b. secondary students at risk of academic failure

    “at risk” will be defined as:
        1. Any student at risk for academic failure.
        2. Students that are borderline at risk for academic failure at the elementary level for
             the purpose of administering a screening assessment during the first two weeks of
             school. Administering a screening for the borderline at risk students the first two
             weeks of school will determine



    Delaware Department of Education, June 2008
                a. the students that have regressed during the summer months and are in
                    immediate need of interventions at either Tier 1 or Tier 2, or
                b. the students that are at benchmark. Benchmark students will be
                    administered a screening with all students during the second and third
                    screening during the school year.
          3. Students most at risk which should be
                a. identified the previous spring using spring data from multiple sources,
                b. scheduled for interventions to begin the first day of the school year,
                c. scheduled for weekly progress monitoring beginning the first week of
                    school, and
                d. screened three times each school year following a fall, winter, and spring
                    assessment schedule.

          4. Students at the secondary level that
                a. have persistent records of falling below benchmark on formal screening
                    tools at previous grades,
                b. fall below benchmark on other measures including curriculum-based
                    measures and DSTP, or
                c. fall below benchmark on any measure at any time.



         III. Designated number of minutes for Tier 2 and Tier 3


             12.7.1 Tier 2 intervention shall be in addition to regularly scheduled core instruction in the general
education curriculum, and shall be delivered in small group, at a minimum of ninety (90) minutes per week in
session periods appropriate to age and development, but not less than two (2) sessions per week. In the case of a
student identified in need of intervention in both reading and math, the intervention shall be designed by the
instructional support team proportionate to student need, but not less than one hundred twenty (120) minutes per
week.

            12.8.1 Tier 3 intervention shall be in addition to regularly scheduled core instruction in the general
education curriculum, and shall be delivered in groups smaller than those for intervention delivered in Tier 2, at
a minimum of one hundred and fifty (150) minutes per week in session periods appropriate to age and
development, but not less than four (4) sessions per week. In the case of a student identified in need of
intervention in both reading and math, the intervention shall be designed by the instructional support team
proportionate to student need, but not less than one hundred eighty (180) minutes per week.



      Guidance:

          1. Regulations reflect minimum requirements only.
          2. The instructional support team should use research on strategy/program and
             student response data to guide the amount of time a student engages in an
             intervention.




      Delaware Department of Education, June 2008

				
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