(a)

1. (1) “Data-based problem solving” is a systematic process based on the scientific method that can be used to:

   1. (A) Make decisions about the effectiveness of instructional programs;
   2. (B) Identify the need for and specify the focus areas for academic and/or behavioral interventions; and
   3. (C) Formatively and summatively evaluate intervention goals and outcomes.

2. (2) Data-based problem solving has four (4) primary steps:

   1. (A) Problem identification and description;
   2. (B) Problem analysis and functional assessment;
   3. (C) Intervention development and implementation; and
   4. (D) Formative and summative evaluation.

(b)

1. (1) Functional assessment, which occurs within the context of data-based problem solving, involves:

   1. (A) The review of existing records and other sources of information;
   2. (B) Diagnostic and historical interviews;
   3. (C) Structured academic or behavioral observations; and
   4. (D) Authentic, criterion-referenced, or norm-referenced tests.
2. (2) The goal of functional assessment is to determine why a specific problem or situation is occurring so that a strategic intervention can be directly linked to the assessment and solve or resolve the problem.

(c) Relationship to response to intervention.

1. (1) “Response to intervention” is an inherent part of the data-based problem solving process in that, when a strategic intervention is implemented with a student, evaluation procedures must be in place to determine how well the student responded to the intervention.
2. (2) Given a positive response, the intervention will either be maintained or faded out over time.

3. (3) Given a negative response, analysis must determine:

   1. (A) If the intervention was improperly:

(i) Selected;

1. (ii) Implemented; or

   1. (iii) Evaluated; or
   2. (B) If, simply, more time to allow the intervention to be successful is needed.