In This Issue ...

• RTI Should Not Delay Evaluation


• Legal Definition of SLD

Circulation: 90,619
ISSN: 1538-320
February 19, 2013

Response to Intervention (RTI) is intended to provide a better way to identify students with learning disabilities.

But many parents and teachers are concerned that RTI is being used to delay evaluations and IEPs. As a result, children with learning disabilities are not receiving the specialized instruction they need.

In the first of two issues about RTI in the Special Ed Advocate we describe the legal requirements for RTI and how it is intended to be used.

In a new video, Pete Wright answers questions from parents and teachers who are concerned that schools are using RTI to delay or deny evaluations and IEPs.

Please don't hesitate to forward this issue to other friends, families, or colleagues.

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RTI Should Not Delay an Evaluation

A special ed teacher asks, “When a parent asks for a special ed evaluation, our district makes the child go through RTI - even when the team sees strong evidence of learning disabilities. When a parent asks the school to evaluate, what are their rights?”

A parent asks, “When we asked the school to evaluate our child, the school advised that they could not evaluate until our child goes through RTI. If we do not agree to RTI, they wlll not evaluate or provide any services. This is causing long delays in getting an IEP. Is this legal?”

School districts should not use RTI to delay, or worse, to not evaluate children who are suspected of having specific learning disabilities.

Pete Wright answers questions about using RTI to delay and deny evaluations in the new Response to Intervention (RTI) video from Wrightslaw.

You can see other videos on the Wrightslaw YouTube channel.

Legal Definition of "Specific Learning Disability" (SLD)

In IDEA 2004, Congress changed the law about identifying children with specific learning disabilities.

Schools will “not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability ..." (Section 1414(b))

Learn about the requirement states have to adopt criteria for determining whether a child has a specific learning disability in Wrightslaw: Special Education Law, 2nd Edition.

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