State law encourages districts to implement school-wide positive behavioral interventions or tiered frameworks.
North Dakota Administrative Code 67-23-06-02. Use of response to intervention by local education agencies.
A local education agency may adopt a response to intervention process and may choose to use the process to determined if a child has a specific learning disability consistent with 34 CFR 300.301-311. Prior to implementation of response to intervention during the evaluation of a student suspected of having a specific learning disability, a local education agency must demonstrate the completeness of its response to intervention process through:
- a. Evidence of training in the components of the response to intervention framework;
- b. Adoption of evidence-based curriculum, instruction, and interventions; and
- c. Demonstration that its response to intervention process includes screening, diagnostic and progress monitoring assessments, and other elements of an approved national standard for the components of the framework.
The local education agency must provide documentation:
- a. Of the time and frequency of the interventions;
- b. That the programs used are evidence-based;
- c. That the programs are implemented with fidelity; and
- d. That the procedures are periodically reviewed and updated based on the evidence collected regarding their effectiveness in improving student achievement.
North Dakota Administrative Code 67-23-06-03. Response to intervention - Components.
Response to intervention is a schoolwide system designed to meet the needs of students using a tiered framework. Using response to intervention to evaluate for special education eligibility is one component of an overall system implementation process that includes leadership, communication with and involvement of parents, professional development, and fidelity of implementation of the process across all tiers. It is consistent with nationally recognized procedures and includes the following components:
- Screening of all students that will identify students at risk of poor learning outcomes or challenging behaviors;
- A multilevel prevention and intervention framework that is implemented schoolwide and is designed to prevent school failure;
- Progress monitoring that is ongoing, occurs frequently, and is used to quantify rates of improvement and inform instructional practice and development of individualized programs; and
- A data-based decisionmaking process that informs instruction, movement from tier to tier, and identification of children with specific learning disabilities.