Subject: Response to Intervention (RtI)/Use in
Source: Margaret Strecker, Director, Compliance
Intended Audience: Directors of Special Education, Special Education
Date: July 26, 2007
Recently, there have been questions about whether a school district can use
RtI for LD eligibility determinations when RTI is not used district-wide.
The U.S. Department of Education, Office of Special Education Programs
(OSEP) has confirmed for us, that despite language to the contrary in a
technical assistance document, school districts can incrementally implement
the use of the RtI process within the district. OSEP indicated that there
would be updates/revisions to the document some time in the near future to
reflect this. In the meantime, our state regulations already allow for use
of incremental implementation as the regulations do not specify that there
has to be district-wide implementation for RtI to be used in eligibility
determinations of children with a specific learning disability.