OSEP Clarifies that RTI Process Cannot Delay-Deny IDEA Eligibility Evaluation
Posted on February 4, 2011 by randychapman
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.

HOW TO HELP
DoGet Involved
3/14/11 - 04:39 PM BY STEPHANIE PATRICK
Response to Intervention (RTI) Cannot be Used to Delay or
Deny an Evaluation for IDEA ELIGIBILITY!!!!!
IDEA 2004 added requirements that school systems provide early intervention services /
response to intervention (RTI) to struggling students, in an effort to help children become more
successful in school. As a result, some school systems have relied on this provision to refuse
requests for evaluations, insisting that interventions must be tried first, and delaying the decision
of whether an evaluation may be warranted. In some situations, they effectively deny the
evaluation by insisting on providing interventions for months, even years, despite suspicion or
evidence of disability.
It has come to the attention of The Office of Special Education Programs (OSEP) that, in some instances,
local education agencies (LEAs) may be using RTI strategies to delay or deny a timely evaluation for
children suspected of having a disability. OSEP directed that States and LEAs have an obligation to
ensure that evaluations of children suspected of having a disability are NOT delayed or denied because of
implementation of an RTI strategy.
Once a parent makes a request for an evaluation, if there is reason to suspect a disability, an evaluation
should occur. If the school system does not agree that an evaluation is warranted, then the LEA must
issue a denial, in writing, thus triggering due process rights. If RTI is being used to delay or effectively
deny your request for an evaluation of your child, of if feel you have been wrongfully denied a request for
an evaluation, contact Advocacy Center for assistance.
Access a full copy of OSEPs findings.


Children
Developmental Disabilities


Mental Health
Special Education