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RtI Framework – State Rule

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 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.
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