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

1. 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

4
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.
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 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?

10
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

11
Individual Protocol

• 3 Sections
• Effective Classroom
• Teacher Support Team
• Individual Assessment
• Items on form
• Format Yes or No (No noncompliance)

12
Most Important Item

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

13
Early Intervening Services (EIS) Response to
Intervention (RtI) Decisions(3 Tiers of Teaching)
Students successful receiving scientifically-based
instruction
1
Note No Program Titles are listed
(70-80)
Students successful receiving intensive
research-based services
2
(10 30)
3
(8 -10)
Note Students with Disabilities (IEPs) are in
regular settings to the maximum extent appropriate
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
Early Intervening Services (EIS) Response to
Intervention (RtI) Decisions (4 Tiers of
Teaching)
Students successfully responding to 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)
Note Students with Disabilities (IEPs) are in
regular settings to the maximum extent appropriate
16
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
17
Teacher Support Team

• General Education Requirements in support of
  accurate identification of educable mental
  retardation (EMR)

18
Teacher Support Team

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

19
Interventions

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

http//www.w-w-c.org/
http//www.promisingpractices.net/
http//coexgov.securesites.net/index.php?keyworda
4366358b747d4
http//www.ed.gov/rschstat/research/pubs/rigorouse
vid/index.html
20
Data on Progress

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

http//www.studentprogress.org/
21
Individual Assessment

• Professional Implementation of Ethical Practices

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

22
Observations (1)

• Appropriate personnel performed classroom
  observations to assess student needs?

23
Observations (2)

• Observations included quantifiable data comparing
  to peers?

24
Adequate Time

• Evidence of appropriate time period in order 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
25
Appropriate Frequency

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

26
Integrity Check

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

27
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)?

28
Trained Personnel

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

29
Appropriate Instruments

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

30
Addition

• Clerical calculations were performed
  appropriately?

31
Trained Personnel

• Assessment instruments were administered by
  trained certified personnel?

32
Ruling Out Other Reasons

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

33
Ruling Out Other Reasons

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

34
Ruling Out Other Reasons

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

35
Logical Conclusion

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

36
Scores Consistent

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

37
Comprehensiveness

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

38
Comprehensiveness

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

39
Comprehensiveness

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

40
Comprehensiveness

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

41
System Resources

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

42
Whats Required for Compliance?

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

43
So, Whats Next ?

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