Educable Mental Retardation as a Disability:

Accurate, Defensible, & Compliant Identification

Mississippi Department of

Education

Purpose of the DayTo examine the current

practices and policies related to the identification of educable mental retardation (EMR) in order to ensure

compliance with Mattie T.

Expected Outcomes1. Participants will be able to

calculate compliance with Mattie T. about EMR

2. Participants will be thoroughly familiar with requirements to support identification of EMR

A Caveat About the Day

• Remember that the focus of the day is on achieving and maintaining compliance with federal & state law and preferred professional practices.

• Any time professional practices are examined, there is a tendency to react defensively. But there is no intention to offend, only to learn how the school system can become &

remain compliant while ensuring better results for students.

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

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”)

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.”

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.

Compliance with the SLD 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?

Next Steps ?Next Steps ?

• Examine Practices of recent Identification of EMR

• Determine the degree of implementation of current requirements for 3 Tiers, TST, & contemporary assessment practices.

• Consider whether changes are needed to achieve & maintain compliance

Is it ‘Yes’

or ‘No’

?

Individual Protocol•3 Sections:

–Effective Classroom–Teacher Support Team–Individual Assessment

•Items on form•Format: Yes or No

(No = noncompliance)

Is it ‘Yes’

or ‘No’

?

Most Important Item

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

Early Intervening Services (EIS) & Response to Intervention (RtI) Decisions

(3 Tiers of Teaching)

Note: Students with Disabilities (IEPs) are in regular settings to the maximum extent appropriate

Students successful

receiving intensive research-based

services

Students successful receiving

scientifically-based

instruction

1

2

3

(70-80%)

(10 – 30%)

(8 -10%)

Note

: N

o P

rog

ram

Tit

les

are

lis

ted

Is it ‘Yes’

or ‘No’

?

Accountability Questions

1. 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.

Early Intervening Services (EIS) & Response to Intervention (RtI) Decisions

(4 Tiers of Teaching)

Students successfully

responding to small group

research-based interventions

Students successfully responding to routine discipline

1

2

3

(70 - 85 %)

(15 – 30%)

(3 - 5%)

Note

: N

o P

rog

ram

Tit

les

are

lis

ted

Students responding to individual intensive

interventionsNote: Students with Disabilities (IEPs) are in regular settings to the maximum

extent appropriate

Unstated Assumptions in a Referral

The student of concern: Has experienced appropriate 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

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)

Applies to Tier 1

Is it ‘Yes’

or ‘No’

?

Teacher Support Team

General Education Requirements in support of accurate identification of

educable mental retardation (EMR)

Is it ‘Yes’

or ‘No’

?

Teacher Support Team

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

Is it ‘Yes’

or ‘No’

?

Interventions•Description of a

scientifically-based intervention was provided?

•Intervention meets minimum requirements?

http://www.ed.gov/rschstat/research/pubs/rigorousevid/index.html

http://www.w-w-c.org/

http://www.promisingpractices.net/ http://coexgov.securesites.net/index.php?keyword=a4366358b747d4

Is it ‘Yes’

or ‘No’

?

Data on Progress

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

http://www.studentprogress.org/

Is it ‘Yes’

or ‘No’

?

Individual Assessment

Professional Implementation of Ethical Practices

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

Is it ‘Yes’

or ‘No’

?

Observations (1)

•Appropriate personnel performed classroom observations to assess student needs?

Is it ‘Yes’

or ‘No’

?

Observations (2)

•Observations included quantifiable data comparing to peers?

Is it ‘Yes’

or ‘No’

?

Adequate Time

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

http://www.sp-ebi.org/

http://www.wcer.wisc.edu/news/coverStories/evidence_based_interventions.php

http://www.nasponline.org/information/pp_prevresearch.html

Is it ‘Yes’

or ‘No’

?

Appropriate Frequency

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

Is it ‘Yes’

or ‘No’

?

Integrity Check•Evidence of evaluation of

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

Is it ‘Yes’

or ‘No’

?

Analysis•Results of the intervention

were analyzed and evaluated for effectiveness or ineffectiveness in order to (dis)confirm possible presence of a disability (and proceed to eligibility evaluation)?

Is it ‘Yes’

or ‘No’

?

Trained Personnel

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

Is it ‘Yes’

or ‘No’

?

Appropriate Instruments

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

Is it ‘Yes’

or ‘No’

?

Addition

•Clerical calculations were performed appropriately?

Is it ‘Yes’

or ‘No’

?

Trained Personnel

•Assessment instruments were administered by trained & certified personnel?

Is it ‘Yes’

or ‘No’

?

Ruling Out Other Reasons

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

Is it ‘Yes’

or ‘No’

?

Ruling Out Other Reasons

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

Is it ‘Yes’

or ‘No’

?

Ruling Out Other Reasons

•Evidence that mental retardation or emotional disability were ruled out as a primary explanation for student needs?

Is it ‘Yes’

or ‘No’

?

Logical Conclusion

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

Is it ‘Yes’

or ‘No’

?

Scores Consistent

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

Is it ‘Yes’

or ‘No’

?

Comprehensiveness

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

Is it ‘Yes’

or ‘No’

?

Comprehensiveness

•Was the measure of cognitive functioning at least two standard deviations below the mean?

Is it ‘Yes’

or ‘No’

?

Comprehensiveness

•Was the adaptive behavior measure (out-of-school functioning) determined to be significantly low and commensurate with cognitive functioning?

Is it ‘Yes’

or ‘No’

?

Comprehensiveness

•Was the level of achievement commensurate with cognitive functioning and without any strengths compared to typical peers?

Is it ‘Yes’

or ‘No’

?

System Resources

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

Is it ‘Yes’

or ‘No’

?

What’s Required for Compliance?

•‘Yes’ to All Requirements•Adequate Documentation

to support a ‘YES’ answer to all questions

So, What’s Next ?So, What’s Next ?• How will you achieve

compliance with the EMR differential ?

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

• How will you achieve compliance with the EMR differential ?

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