MTSS and the Law

  • Public Act 101-0515

     

    (105 ILCS 5/14-8.02g new)
        Sec. 14-8.02g. Response to scientific, research-based
    intervention.
        (a) In this Section, "response to scientific,
    research-based intervention" or "multi-tiered systems of
    support" means a tiered process of school support that utilizes
    differentiated instructional strategies for students, provides
    students with scientific, research-based interventions,
    continuously monitors student performance using
    scientifically, research-based progress monitoring
    instruments, and makes educational decisions based on a
    student's response to the interventions. Response to
    scientific, research-based intervention or multi-tiered
    systems of support use a problem-solving method to define the
    problem, analyze the problem using data to determine why there
    is a discrepancy between what is expected and what is
    occurring, establish one or more student performance goals,
     
    develop an intervention plan to address the performance goals,
    and delineate how the student's progress will be monitored and
    how implementation integrity will be ensured.
        (b) A school district must utilize response to scientific,
    research-based intervention or multi-tiered systems of support
    as part of an evaluation procedure to determine if a child is
    eligible for special education services due to a specific
    learning disability. A school district may utilize the data
    generated during the response to scientific, research-based
    intervention or multi-tiered systems of support process in an
    evaluation to determine if a child is eligible for special
    education services due to any category of disability.
        (c) The response to scientific, research-based
    intervention or multi-tiered systems of support process must
    involve a collaborative team approach, with the parent or
    guardian of a student being part of the collaborative team. The
    parent or guardian of a student must be involved in the data
    sharing and decision-making processes of support under this
    Section. The State Board of Education may provide guidance to a
    school district and identify available resources related to
    facilitating parental or guardian participation in the
    response to scientific, research-based intervention or
    multi-tiered systems of support process.
MTSS and the Law

  • "The new law also requires all Illinois districts to use response to scientific, research-based interventions or multi-tiered systems of support as part of the special education evaluation process to determine if a student is eligible for services due to a specific learning disability. This requirement is not new and does not limit the district in conducting other assessments as part of an evaluation. The new law also allows districts to utilize RTI or MTSS data when determining eligibility for any category of disability. Parents/guardians must be involved in the RTI or MTSS data sharing and decision-making process. Parent participation in this intervention (pre-eligibility and pre-evaluation) stage of the process may be new for many districts. The law provides that ISBE may provide guidance and resources to districts on how to implement this process. In the meantime, start planning for how your RTI or MTSS process may be revised to include parent participation."
    ~Franczek K-12 Education Law

    Full article: New Law Adds Procedural Requirements for Special Education in Illinois