New Hartford Central School
9499 Weston Road
New Hartford, NY 13413
Phone: (315) 738-9311
Student Services
Fax: (315) 738-9345
E-Mail: aallam@nhart.org
To: Elementary Principals
From: Ashraf Allam
CC: Vince Condro
Date: September 6, 2012
Re: LD Determinations using Response to
Intervention
Memo
Please see the attached memo from the State Education Department regarding the use of RTI to determine if a
student has a Learning Disability in the area of Reading in grades K-4 effective July 1, 2012. The important
points to remember regarding this change are:
1 – All initial referrals will still have to be given a psycho-educational evaluation since the revised procedures
do not apply to other disability areas (LD in Math, OHI, Speech/Language, etc.)
2 – Students who show no discrepancy on the psycho-educational educational evaluation can still be classified
if RTI data shows that they have not benefitted from classroom instruction (only K-4 in Reading). Students who
are discrepant may not be classified if the data shows that instruction is resulting in measureable improvement.
I am sure that you understand the importance of keeping meticulous records of all Tier 1 and Tier 2
interventions if that will be the primary factor in determining LD in reading for students in grades K-4.
I have also attached the district framework for determining LD based on RTI. Since this is a new process, please
let me know if any issues or questions come up during IST that I can help address.
Defining a “Specific Learning Disability”
Although the process for identifying a Learning Disability has changed with IDEA 2004, the definition
of what constitutes a disability has not, specifically:
“...a disorder in one or more of the basic psychological processes involved in understanding or
in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think,
speak, read, write, spell...”
The above definition was clearly constructed with the discrepancy model in mind, and does not easily
lend itself to the RTI framework. RTI does not, by design, identify psychological deficits. Federal
guidelines provide three criteria for making LD determinations through RTI:
1 - A clear lack of achievement by the student when compared to his or her peers using grade-level
standards.
2 - A clear lack of progress by the student over a period of time after receiving increasingly intensive
intervention using scientifically researched methods with fidelity.
3 - A determination that no exclusionary factors have resulted in the lack of progress:
• A visual, hearing, or motor disability
• Mental retardation
• Emotional disturbance
• Cultural factors
• Environmental or economic disadvantage
• Limited English proficiency
• A systematic lack of instruction, or interrupted schooling
In order for a student to be identified as having a Specific Learning Disability in reading, there would
have to be a lack of achievement, a clear lack of progress after sustained and appropriate
intervention, and the lack of any exclusionary factor that would explain the lack of progress or poor
achievement. Using RTI to identify LD is a process of elimination rather than true identification. If
there is no other reasonable explanation, it must be a learning disability. New York did not adopt the
federal language regarding disability determination, but rather left it up to each district to establish a
process.
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RTI-LD Identification Procedure
The following is an outline of the steps required to identify a Learning Disability in the area of reading:
1 - Has the student shown a sustained pattern of poor achievement over a period of 15-20 weeks, as
demonstrated by receiving grades or scores that are defined as “not meeting grade level standards”
by the district?
2 - Has the student received at least 5 weeks of Tier I intervention and 10 weeks of Tier II intervention
for the same identified area of deficit?
3 - Has the student shown a lack of response to at least 15 weeks of intervention, delivered with
fidelity, as defined by a lack of growth on progress monitoring, and continuing to receive grades that
indicate a lack of proficiency?
4 - Does the student show a rate of progress that would indicate that he or she is unlikely to make
reasonable gains towards meeting grade-level standards within a period of 10-15 weeks?
5 - Does the student have any exclusionary factors that would explain the lack of response to
intervention, such as:
• A visual, hearing, or motor disability
• Mental retardation
• Emotional disturbance
• Cultural factors
• Environmental or economic disadvantage
• Limited English proficiency
• A systematic lack of instruction, or interrupted schooling
If the student is found to have consistently low achievement, to have not responded to intervention, or
to have a rate of growth that indicates that attaining proficiency would be difficult, and have no
exclusionary factors, then a determination of a Learning Disability in reading can be made.
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NEW HARTFORD CENTRAL SCHOOL DISTRICT
RTI Building Team
Please use this checklist for students who are receiving intervention in the area of reading before
making a referral to the CSE:
⬰ The student has received at least 15-20 weeks of Tier I and Tier II interventions for the same
identified area of need.
⬰ The student has had a persistent pattern of low achievement, as evidenced by grades and scores
that indicate that grade-level and state standards have not been met (generally 2 and below).
⬰ The student does not show a trend of improving performance that would indicate that further Tier II
intervention will result in meeting grade-level or state standards.
⬰ The student does not have one of the following exclusionary factors that would make a
determination of a Specific Learning Disability in reading invalid:
• A visual, hearing, or motor disability
• Mental retardation
• Emotional disturbance
• Cultural factors
• Environmental or economic disadvantage
• Limited English proficiency
• A systematic lack of instruction, or interrupted schooling
If any of the above items is not checked, please consult the Director of Student Services before
making a referral. This checklist must accompany all referrals related to a suspected Learning
Disability in reading.
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NEW HARTFORD CENTRAL SCHOOL DISTRICT
Committee on Special Education
The following form is used for students in grades K-6 to determine a potential Learning Disability in
the area of reading in accordance with Part 200.4 (4):
Name of Student________________
ID
________________
Date of meeting________________
Grade________________
1. The student has shown a sustained lack of achievement as demonstrated by:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
2. The student has shown a lack of response to intervention as demonstrated by:
Date of first intervention__________
Date of referral to Tier II__________
Date of referral to Tier III__________
Total length of intervention________ weeks
Provided progress monitoring sheets ⬰ Do ⬰ Do not show a lack of response.
3. The student’s rate of growth ⬰ Did ⬰ Did not indicate that he or she would reach the expected
grade-level standard, as demonstrated by:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
4. The student ⬰ Did ⬰ Did not have any exclusionary factors that would prevent identification at this
time.
The student ⬰ Is ⬰ Is not determined to have a Specific Learning Disability in the area of reading.
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