Feb 4, 2011
Since the Response to Intervention (RTI) process was referred to in the IDEA regulations as a means of identifying a student as having a specific learning disability, there has been confusion whether school districts can require students to proceed through the RTI process before allowing an evaluation to determine a child's eligibility for special education services. The process was confused despite the fact that the IDEA regulations at 34 CFR 300.304(b) clearly state that a parent can request an initial evaluation at any time and the evaluation must be completed within 60 days of the parents consent. On January 21, 2011 the Office of Special Education Programs (OSEP) issued a Memorandum to: State Directors of Special Education clarifying that the RTI process cannot be used to delay or deny a student's eligibility for special education services under the IDEA.
The memorandum identifies the RTI process as a multi-tiered instructional framework that addresses the needs of all students, including struggling learners and students with disabilities. OSEP says that "With a multi-tiered instructional framework, schools identify students at-risk for poor learning outcomes, monitor student progress, provide evidence-based interventions, and adjust the intensity and nature of those interventions depending on a student's responsiveness."
But the memorandum notes that "it has come to the attention of OSEP that, in some instances, local education agencies (LEAs) may be using Response to Intervention (RTI) strategies to delay or deny a timely evaluation for children suspected of having a disability." If the school district suspects a student has a disability and the district receives a referral for an evaluation, it must seek parental consent for an evaluation within a reasonable time.
Once parental consent is obtained, the evaluation must be completed within 60 days. If, however, the district does NOT suspect the student has a disability, the district may deny the parent's request. In that event, the school district must provide the parents with notice of the reasons for denying their request for an evaluation and their due process rights. The memorandum then clearly states that it is inconsistent with the evaluation procedures in the IDEA at 34 CFR 300.301 through 300.111 for a school district "to reject a referral and delay the provision of an initial evaluation on the basis that a child has not participated in the RTI framework."
I frequently receive calls from parents that school staff are insisting their child complete the RTI process, despite the parent's request for an initial evaluation and despite the IDEA fairly clearly stating parents can request an initial evaluation at any time. So, it is one of my fondest wishes that this memorandum clarifies, once and for all, that school districts cannot use RTI strategies to delay or deny a timely evaluation for children suspected of having a disability.
