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EARLY INTERVENING SERVICES - Regulations

2. Allow activities in implementing coordinated, early intervening services by LEAs.

In implementing coordinated, early intervening services under 34 CFR 300.226, an LEA may carry out activities that include:
  • Professional development (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based2 academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
  • Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.
[34 CFR 300.226(b)] [20 U.S.C. 1413(f)(2)]


2 Scientifically based research has the meaning given the term in section 9101(37) of the Elementary and Secondary Education Act (ESEA) of 1965. Section 9101(37) of ESEA, as amended by the No Child Left Behind Act (NCLB) of 2001, defines scientifically based research as “research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs.” The statute then explains that this kind of research: (1) Employs systematic, empirical methods that draw on observation or experiment; (2) Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (3) Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators; (4) Is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls; (5) Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and (6) Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (Note: practitioner journals or education magazines are not the same as peer-reviewed academic journals.)

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. If using the 15% funds for professional development:
    • Why is the provision of professional development opportunities important to you? Should there be limitations on the types of professional development that can be provided through the use of EIS funds?
    • What relationships might exist between current state or local mandates for professional development, and the possible use of EIS funds? Is blending of purposes and resources a viable option?
    • From your perspective, should professional development for EIS align with National Staff Development Council standards? – http://www.nsdc.org/standards/


  2. If using the 15% for providing education and behavioral evaluations, services, and supports:
    • From your perspective, does this new provision for EIS mean doing more or working differently?
    • What is the understanding of scientifically-based academic and behavioral supports among your colleagues?
    • Fidelity of implementation is often referenced when discussing the use of scientifically-based academic and behavioral interventions. What is the understanding of fidelity of implementation among your colleagues?
    • From your perspective, how will education and behavioral evaluations within an EIS framework differ from those currently provided through special education funding?
    • When you think of current programs and services, can you provide some examples of academic and behavioral services and supports for the various grade levels (e.g., early elementary, intermediate, middle, high school) that may already demonstrate the concept of early intervening services?
    • What types of academic and behavior supports might qualify for EIS funding? What do your colleagues believe are the qualifications for personnel to provide those supports?
    • Some people use the terminology Response to Intervention when talking about Early Intervening Services. In your perception, are the two terms alike or different?
    • How might EIS funds be used in an RTI model?


Application Questions

  1. For Professional development uses:
    • How might professional development provided through EIS be a part of the larger professional development plan for the district? What could be put into place in order for this to happen?
    • What procedure does the district have in place, or can put in place, to determine professional development needs for all stakeholders, including parents/families, related to academic and/or behavioral EIS?
    • What new knowledge and skills are required to ensure fidelity of implementation of services to students?
    • Recall a time when a key professional development issue did or did not result in expected implementation, how might this provision for additional funding impact, or improve, professional development goals?
    • Do you know what is happening in your state with regard to suggested professional development needs for implementation of EIS? How might you find out?


  2. When implementing educational and behavioral evaluations, services, and supports:
    • What new knowledge and skills will be needed to ensure EIS services result in increased student outcomes?
    • Do you know what process, methods, and measures are in place that can be used by the district/school to identify students’ academic and/or behavioral needs for EIS? Is there a need to create a new set of processes and procedures? If so, what might be involved in creating a functional process?
    • What process, methods, and measures are in place or can be developed by the district/school to evaluate the success of the EIS?
    • What can the district/school do to ensure parent/family involvement in EIS decisions about their child?
    • How might the district monitor the fidelity of implementation of interventions? Is there room for teacher discretion in implementation and still meet a level of fidelity of implementation?
    • How might/should stakeholders (schools, parents, teachers, students, etc.) respond if interventions are not implemented with fidelity?


    These questions were developed by the following stakeholders working together:

    Role: Service Provider
    Location: California

    Role: Speech-Language Pathologist
    Location: Florida

    Role: Special Education Administrator
    Location: Florida

    Role: Educational Consultant
    Location: Florida

    Role: Family Member
    Location: Georgia

    Role: General Education Administrator
    Location: Illinois

    Role: Higher Education
    Location: Indiana

    Role: Teacher
    Location: Indiana

    Role: Special Education Administrator
    Location: Indiana

    Role: Special Education Administrator
    Location: Kentucky

    Role: School Psychologist
    Location: Maryland

    Role: School Psychologist
    Location: Maryland

    Role: Teacher
    Location: Minnesota

    Role: Family Member
    Location: New Jersey

    Role: Higher Education
    Location: New York

    Role: Family Member
    Location: West Virginia