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Delaware’s response to federal laws requiring the state to change its special education regulations has raised concerns among Cape school district educators.
With public comment on the regulations scheduled to end Monday, April 30, adoption scheduled as early as Monday, June 11, and initial implementation planned for January 2008, local educators say their concern is changing to alarm.
The proposed Response to Intervention (RTI) regulations are expected to decrease the number of students classified as special education students. “RTI is geared toward combating the knee-jerk reaction that has traditionally resulted in having too many students designated as requiring special education, a designation that creates a stigma that can have long-lasting adverse effects upon a student,” said Michael Kelley, supervisor of curriculum and instruction.
“We’ve learned that many students facing learning challenges only need to be identified early and to receive some additional assistance and regular monitoring to successfully remain with the majority of their classmates and avoid becoming special education students. That’s the premise behind RTI,” he said.
Though the premise has generated significant support, the requirements of Delaware’s proposed RTI regulations have generated significant concerns.
“It doesn’t seem possible to do this – not if I’m doing it by myself,” said Rehoboth Elementary School teacher Sarah Ross at the conclusion of an RTI staff workshop Wednesday, April 25.
Proposed requirements
The proposed regulations require screening and assessment of all students for math and reading skills based on standards set by the state Department of Education (DOE). Students will be divided into tiers based on the assessment.
Approximately 80 percent of the students, those succeeding with normal class instruction, are expected to fall into Tier 1. Those requiring individualized interventions are estimated at 15 percent and would be designated as Tier 2. Tier 3 would be the remaining 5 percent of the students. They would require sustained intensive individual interventions and would be identified as having “special education” needs if the interventions did not succeed.
The proposed regulations include very specific requirements for interventions for students in tiers 2 and 3.
Tier 2 intervention groups, for example, can hold no more than five students who will receive at least three 30-minute sessions per week for at least six weeks, during which they will be monitored weekly.
If it is the Tier 2 intervention proves unsuccessful, it will continue for six more weeks. If again unsuccessful, the student will be moved into Tier 3 intervention.
The proposed regulations say that Tier 3 groups can hold no more than three students who will receive at least five 45-minute sessions per week for at least six weeks, during which they will be monitored weekly. Combined tier 2 and 3 interventions can continue for as long as 24 weeks before a child is referred for special education evaluation.
Time, money and staff
Many teachers have asked how they can effectively conduct their classes for the benefit of Tier 1 students while they are simultaneously expected to meet the requirements for Tier 2 and 3 students. The dilemma, they say, is exacerbated by the general requirement that most interventions in all tiers are to occur in regular classrooms while teachers are also teaching the core curriculum for all students in all tiers. Besides that, Cape Henlopen is also working to reduce staff in order to avoid a financial crisis.
The question of school board members and district administrators is how regular teachers can tackle the additional burden of mentoring tier 2 and 3 students during the regular school day.
Cape Superintendent George Stone recognizes the dilemma, especially in light of financial challenges that are resulting in district staff reductions.
“Class sizes in certain areas will increase. That is the pure and simple result of staff reductions. This challenge will be combined with three additional new initiatives that will test the endurance of everyone to their limits. The new special education model being implemented across the nation and statewide, [Response to Intervention], will require every classroom teacher and specialists to provide small group interventions for very large blocks of time. You may have groups of students in your classroom at Tier 2 and 3, while still trying to teach the large-group Tier 1 instruction. These interventions may take months or even all year, and how successful it will be, I don’t know. I only know that it is the law,” Stone wrote in a March 2007 letter to Cape district staff.
Some school employees say people were shocked and alarmed after receiving Stone’s letter.
During their March 22 meeting, school board members questioned whether additional staff would be required. “It’s another unfunded mandate,” said board member Pete Coveleski.
Hundreds of questions were raised by Cape elementary school teachers at a Wednesday, April 25 workshop at the high school.
“Where does the time come from? If I have to give 30 or 45 Regs
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minutes more a day to a small group, what happens to the other kids?” asked one teacher.
“Where are the staff and resources coming from if the district is laying off staff, paraprofessionals and teachers?” asked another.
Unions challenge regs
Vicky Cairns, director of instructional advocacy for the Delaware State Education Association, addressed members’ concerns with Patti Ralabate of the National Education Association’s (NEA’s) policy and practice division.
“The NEA representative said they are also concerned that Delaware’s regulations are too prescriptive and go beyond what federal law requires,” Cairns said during a telephone interview on Wednesday, April 25.
“The federal law, IDEA [Individuals with Disabilitites Education Improvement Act], says what you can’t prohibit and says what you can allow, but it doesn’t say what you have to do or how you have to do it,” Cairns said.
The proposed regulations are too specific, which may eliminate the flexibility teachers need to best serve their students, Cairns added.
Yet the last of five public hearings was held at Cape Henlopen High School April 5, and public comments are scheduled to end Monday, April 30.
Most of the public comments on the proposed regulations concerned the implementation period, the districts’ abilities to implement the regulations and opportunities for professional development, said the DOE Education Associate Louann Vari during a telephone interview April 26.
“A lot of the public comments suggested that slower implementation would work better,” said Vari, adding that many educators still have questions. DOE’s Exceptional Children and Early Childhood Education group may ask Secretary of Education Valerie Woodruff to delay implementation, she said.
If the implementation period is delayed, the proposed regulations with any revisions will be republished and an additional public comment period will be provided, said Vari.
Cape’s position
Stone said that he favors the goal of the RTI regulations of providing more intensive care early in the education process without subjecting a child to the possible stigma of being categorized as in need of special education services. “We will follow the law,” Stone said, adding that he believes the time period during which the RTI regulations will be implemented will be slower than anticipated by DOE.
“We’re still learning the philosophy about it,” Stone said.
Delaware’s new RTI regulations are in response to federal regulations that went into effect Oct. 13, implementing the Individuals With Disabilities Education Improvement Act of 2004.
Contact Georgia Leonhart at g.l.leonhart@comcast.net
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