1. 2011 OSEP Leadership Mega Conference Collaboration to Achieve Success from Cradle to Career 2.0 RTI: Instructional Process and Evaluation Component Response to Intervention OSEP MEMO 11-07 Susan Kauffman, OSEP Presentation #308 (Repeated #316) 8/2/111

2. Introduction –Memo 11-07 SLD Identification State Criteria RTI (framework) Using RTI As Part of An Evaluation Parent Request For Evaluation 8/2/112

3. Reason for Memo In some instances OSEP has found that local education agencies (LEA’s) may be using Response to Intervention to delay or deny a timely evaluation for children suspected of having a disability 8/2/113

4. MEMO 11-07 A Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (IDEA) January 21, 2011 8/2/114

5. 34 CFR §300.307(a) requires a State to adopt criteria for determining whether a child has a specific learning disability. An LEA must comply with the criteria adopted by its SEA IDEA includes a provision mandating that States allow, as part of their criteria for determining whether a child has a specific learning disability (SLD), the use of a process based on the child’s response to scientific, research-based intervention 34 CFR §300.307(a)(2) 8/2/115

6. Under this provision A States criteria: Must permit RTI May require RTI May permit the use of other alternative research-based procedures for determining whether a child has an SLD A State must not: Require the use of a discrepancy model And may prohibit the use of a discrepancy model 8/2/116

7. The Department of Education does NOT subscribe to a particular RTI framework Core Characteristics of RTI Models: 1.Students receive high quality research-based instruction in their general education setting; 2.Continuous monitoring of student performance; 3.All students are screened for academic and behavioral problems; and 4.Multiple levels (tiers) of instruction that progressively more intense, based on the student’s response to instruction 8/2/117

8. Evaluation Criteria An LEA must include a variety of assessment tools and may not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability under 34 CFR §300.8, as required under 34 CFR §300.304(b) Results of an RTI process may be one component of the information reviewed as part of the evaluation procedures required under sections 300.304 and 330.305. 8/2/118

9. Evaluation Criteria RTI does not replace a comprehensive evaluation and all other requirements required under 34 CFR §§300.301- 300.311 (Evaluation and Reevaluations) are applicable 8/2/119

10. The regulations at 34 CFR §300.301(b) allow a parent to request an initial evaluation at any time to determine if a child is a child with a disability The LEA must provide the parent with notice under 34 §§300.503 and 300.504 before conducting an evaluation 8/2/1110

11. Obtain informed parental consent, consistent with 34 CFR §300.9, before conducting the evaluation Obtain consent within a reasonable period of time after referral 8/2/1111

12. If the LEA denies the request for an initial evaluation, the LEA must provide written notice to parents 34 CFR §300.503(a) and (b) 8/2/1112

13. An LEA cannot reject a referral and/or delay provision of an initial evaluation on the basis that child has not participated in an RTI process 34 CFR §§300.301 through 300.111 8/2/1113

14. A Response to Intervention process cannot be used to delay or deny an evaluation, pursuant to 34 CFR §§300.304-300.311, for a child suspected of having a disability under 34 CFR §300.8 8/2/1114

15. References OSEP Memorandum 11-07 Questions and Answers on RTI and Coordinated Early Intervening Services (CEIS), January 2007. Letter to Brekken, 6-2-2010 Letter to Clarke, 5-28-08 Letter to Copenhaver, 10-19-07 Letters to Zirkel 3-6-07, 8-15-07, 4-8-08 and 12-11-08 8/2/1115