A Response to Intervention Cannot Be Used To Delay Or Deny An Evaluation For Special Education Services

What Is A Response to Intervention?

According to the U.S. Department of Education (USDOE), in its 1.29.19 Letter to Zirkel, “IDEA does not define RTI . . . RTI is only mentioned in IDEA when determining eligibility for specific learning disability. 20 U.S.C. § 1414(b)(6)(B) and 34 C.F.R. § 300.307(a)(2).”

However, the United States Department of Education has stated 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.”