Educable Mental Retardation as a Disability:

1
Educable Mental Retardation as a Disability

• Accurate, Defensible, Compliant Identification

Mississippi Department of Education
2
Purpose of the Day

• To examine the current practices and policies
  related to the identification of educable mental
  retardation (EMR) in

order to ensure compliance with Mattie T.
3
Expected Outcomes

• Participants will be able to calculate compliance
  with Mattie T. about EMR
• Participants will be thoroughly familiar with
  requirements to support identification of EMR

4
A Caveat About the Day

• The focus of the day is on achieving and
  maintaining compliance with federal state law
  and preferred professional practices.
• Whenever professional practices are examined,
  theres a tendency to react defensively. Theres
  no intention to offend, only to learn how the
  school system can become

remain compliant while ensuring better results
for students.
5
Compliance with the EMR identification rate
differential

• Calculations
• African-American students with EMR divided by
  number of African-American enrollment x 100
  Af-Am with EMR
• White (all other) students with EMR divided by
  number of White enrollment x 100 White with EMR

6
Compliance with the EMR identification rate
differential

• Subtraction Problem
• ____ age Af-Am w/EMR
• - ____ age White w/EMR
• ____ points differential (or EMR
  identification rate differential)

7
Compliance with the EMR identification rate
differential

• Every LEA (except those specified in
  subparagraph in subparagraph 20(a)(4) below)
  shall reduce its EMR identification rate
  differential to 1.15 within seven years.

8
Compliance with the EMR identification rate
differential

• LEAs whose white student enrollment comprises
  four percent or less of its total student
  enrollment or whose white student enrollment is
  one hundred students or less shall be required to
  attain and maintain a district-wide EMR
  identification rate of 1.65 or less within seven
  years.

9
Compliance with the EMR identification rate
differential

• Questions
• What is your current differential for EMR?
• How many Af-Am students with EMR would be
  identified in order to be at the 1.15 percentage
  point differential?

10
Next Steps ?

• Examine Practices of recent Identification of EMR
• Determine the degree of implementation of current
  requirements for 3 Tiers, TST, contemporary
  individual assessment practices.
• Consider whether changes are needed to achieve
  maintain compliance

11
Early Intervening Services (EIS) Response to
Intervention (RtI) Decisions (3 Tiers of
Teaching)
Students successfully responding to effective
instruction routine discipline
1
Note No Program Titles are listed
(70 - 85 )
Students successfully responding to small group
research-based interventions
2
(15 30)
Students responding to individual intensive
interventions
3
(3 - 5)
12
Individual Protocol

• 3 Sections
• Pre-Referral Items
• Effective Curriculum Classroom
• Ruling Out Alternative Explanations
• Teacher Support Team
• Individual Assessment
• Items on form
• Format Yes or No (No noncompliance)

13
Most Important Item

• Evidence of appropriate academic instruction in
  reading and mathematics (scientifically-based
  instruction).

14
Accountability Questions

• Are xx or more students proficient or above
  based on latest state performance data or
  universal screening?
• If No, provide assistance in curriculum
  instruction until student performance is
  increased.
• If Yes, determine number of remaining students in
  need of interventions.

15
Effective ClassroomUnstated Assumptions in a
Referral

• Under Tier I, the student of concern
• Has experienced appropriate researched-based
  instruction during his/her educational history
• Is placed with (an) experienced, prepared
  teacher(s) in a well-organized, adequately
  resourced classroom
• Is exposed to research-based curricula delivered
  according to the design

16
Effective ClassroomUnstated Assumptions in a
Referral

• Under Tier II, the student of concern
• Has teacher(s) using a data oriented, problem
  solving approach to address concerns
• Has an experienced person available to facilitate
  assistance for the teacher(s)
• Has received small group instruction to address
  academic or behavioral needs

17
Teacher Support TeamTier III Efforts

• General Education Requirements in support of
  accurate identification of a specific learning
  disability (SLD)

18
Teacher Support Team

• Documentation of presence of appropriate members
  on the Teacher Support Team to assist in
  development of intervention strategies?

19
Pre-Referral ItemsRuling Out Other Explanations

• Tier I efforts were addressed documented
• Research-based curriculum delivered by prepared
  teacher according to design in a well-managed
  classroom

20
Pre-Referral ItemsRuling Out Other Explanations

• Tier II efforts were addressed documented
• Teacher used data-based problem-solving approach
  to address concerns
• Teacher consulted with experienced personnel to
  address concerns
• Teacher provided small group instruction using
  scientifically-based techniques to address
  concerns

21
Tier III Interventions

• Description of a scientifically-based
  individualized intervention was provided?
• Intervention meets minimum requirements?

http//www.w-w-c.org/
http//www.promisingpractices.net/
http//coexgov.securesites.net/index.
php?keyworda4366358b747d4
http//www.ed.gov/rschstat/research/pubs/rigorouse
vid/index.html
22
Data on Progress

• Evidence of the use of appropriate data
  collection methods to monitor student progress?

http//www.studentprogress.org/
23
Observations (1)

• Appropriate personnel performed classroom
  observations to assess student needs?

24
Observations (2)

• Observations included quantifiable data comparing
  student to peers?

25
Adequate Time

• Evidence of appropriate time period to fairly
  evaluate effectiveness of the intervention?

http//www.sp-ebi.org/
http//www.nasponline.org/information/pp_prevresea
rch.html
http//www.wcer.wisc.edu/news/coverStories/evidenc
e_based_interventions.php
26
Appropriate Frequency

• Intervention sessions were frequent enough that
  an effect would be expected?

27
Integrity Check

• Evidence of evaluation of treatment or procedural
  integrity measures that ensured proper
  implementation of intervention components
  throughout the intervention?

28
Analysis

• Results of the intervention were analyzed and
  evaluated for effectiveness or ineffectiveness to
  (dis)confirm possible presence of a disability
  (and proceed to eligibility evaluation)?

29
After the 3 TiersIndividual Assessment for
Eligibility Determination

• Professional Implementation of Ethical Practices

http//www.nasponline.org/pdf/ProfessionalCond.pdf

30
Trained Personnel

• Presence of appropriate personnel on the
  eligibility team to assist in determining
  eligibility and recommendations for goals and
  benchmarks?

31
Pre-referral ItemsRuling Out Other Reasons

• Evidence that effects of visual, hearing or motor
  disability were ruled out?

32
Pre-Referral ItemsRuling Out Other Reasons

• Evidence that effects of environment, culture or
  economic disadvantage were ruled out?

33
Pre-Referral ItemsRuling Out Other Reasons

• Evidence that other disabilities (e.g., emotional
  disability, etc.) were ruled out as a primary
  explanation for student needs?

34
Appropriate Instruments

• Assessment instruments are appropriate for
  evaluating current referral concerns (e.g.,
  reliable and valid for concern and student
  characteristics)?

35
Addition

• Clerical calculations were performed
  appropriately?

36
Trained Personnel

• Assessment instruments were administered by
  trained certified personnel?

37
Logical Conclusion

• Documented specific rationale for eligibility is
  consistent with the referral concern?

38
Scores Consistent

• Test scores were in the appropriate range to
  support the rationale for the disability?

39
Comprehensiveness

• All areas of the disability were appropriately
  assessed (e.g., intelligence, achievement,
  adaptive behavior, emotional)?

40
System Resources

• Interview of assessment personnel indicates that
  Assessment Library is adequate to implement Child
  Find procedures in the LEA?

41
Whats Required for Compliance?

• Yes to All Requirements
• Adequate Documentation to support a YES answer
  to all questions

42
So, Whats Next ?

• How will you achieve compliance with the EMR
  differential ?
• How will you maintain compliance with the EMR
  differential through 2011?