New Mexico - Public Education Department

Fidelity of Implementation Tools
Fidelity of Implementation Within a Response to Intervention Framework

Click Here for a guide and free tools for schools to use in assessing fidelity of implementation. The guide includes a variety of sample tools that schools can easily adapt to meet their needs.

  State Rule  (Click to expand)

The federal government has allowed states to develop their own state-defined characteristics for an RtI framework. Thus, most of the regulatory mandates about elements of the RtI framework extend not from a federal mandate, but from certain state statutes and rules. In New Mexico, as cited below, state rule sets forth that the public agency shall follow a three-tier model of student intervention as a proactive system for early intervention for students who demonstrate a need for educational support for learning or behavior.

Student Intervention System (New Mexico's RtI Framework): Subsection D of 6.29.1.9 NMAC:

(1) In Tier 1, the public agency must ensure that adequate universal screening in the areas of general health and well-being, language proficiency status, and academic levels of proficiency has been completed for each student enrolled. If universal screening, a referral from a parent, a school staff member, or other information available to a public agency suggests that a particular student needs educational support for learning, then the student shall be referred to the student assistance team (SAT) for consideration of interventions at the Tier 2 level.

(2) In Tier 2, a properly-constituted SAT at each school, which includes the student's parents and student, as appropriate, must conduct the child study process and consider, implement and document the effectiveness of appropriate research-based interventions utilizing curriculum-based measures. In addition, the SAT must address culture and acculturation, socioeconomic status, possible lack of appropriate instruction in reading or math, teaching and learning styles in order to rule out other possible causes of the student's educational difficulties. When it is determined that a student has an obvious disability or a serious and urgent problem, the SAT shall address the student's needs promptly on an individualized basis, which may include a referral for a multidisciplinary evaluation to determine possible eligibility for special education and related services consistent with the requirements of 34 CFR Sec. 300.300.

(3) In Tier 3, a student has been identified as a student with a disability and deemed eligible for special education and related services (or gifted under state rule), and an IEP is developed by a properly-constituted IEP team pursuant to 34 CFR Sec. 300.321.

(4) The Student Assistance Team and the Three-Tier Model of Student Intervention shall be the guiding document for districts/schools to use in the implementation of student intervention.

  RtI Framework Funding and Budgeting  (Click to expand)

Implementing The Three-Tier Model of Student Intervention (the state's RtI framework) requires school leadership and administrators to strategically reallocate and leverage human and capital resources. They must also budget around priorities in their local implementation plan and/or EPSS school improvement plan.

Tier 1 Services
Tier 1 services, supports, and professional development may be funded in a variety of ways with mechanisms that already exist.

  • Operational funds
  • School improvement funds
  • Applicable grants or awarded state funds (Teacher Professional Development funds, Public School Reading Proficiency funds, etc.)
  • Title I and Title III funds as allowed*
  • Up to 15% Coordinated Early Intervening Services (CEIS) funds as allowed by IDEA and state special education rule. Federal guidance provides that it would be only for specific small groups or individuals identified in Tier 1 as needing additional academic and behavioral support to succeed in a general education environment, and as such, determined to be at risk for academic and behavioral problems K–12 (with emphasis on K–3).*
  • American Recovery and Reinvestment Act (ARRA stimulus) funds follow the same rules for the program to which it applies. For use with Title I funds, see www.ed.gov/policy/gen/leg/recovery/guidance/titlei-reform.pdf.

Tier 2 Services
Tier 2 services, supports, and professional development may be funded in a variety of ways with mechanisms that already exist.

  • Operational funds
  • School improvement funds
  • Applicable grants or awarded state funds (Teacher Professional Development funds, Public School Reading Proficiency funds, etc.)
  • Title I and Title III funds as allowed*
  • Up to 15% Coordinated Early Intervening Services (CEIS) funds as allowed by IDEA and state special education rule. Federal guidance (page 17) provides that it would be appropriate to use CEIS funds to support Tier 2 — supplemental, targeted intervention/instruction of students determined to be at risk for academic and behavioral problems K–12 (with emphasis on K–3).*
  • The use of American Recovery and Reinvestment Act (ARRA stimulus) funds follows the same rules for the program to which it applies.

Tier 3 Services
Tier 3 services in New Mexico are special education and gifted education. These services are funded as follows:

*It is important for districts and charter schools to review guidance for use of federal funds related to Title I, Title III, and CEIS under an RtI framework. Please go to the following link at the National Center on Response to Intervention for a variety of guidance documents and FAQs:

www.rti4success.org/subcategorycontents/25
 
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