State Laws and Guidelines Implementing RTI

By Zirkel, Perry A.; Thomas, Lisa B. | Teaching Exceptional Children, September/October 2010 | Go to article overview

State Laws and Guidelines Implementing RTI


Zirkel, Perry A., Thomas, Lisa B., Teaching Exceptional Children


The legal source of schools' use of response to intervention (RTI) is a matter of federal and state special education laws, although its implementation is largely a matter of general education practice. The only mention of RTI is in the Individuals With Disabilities Education Act (IDEA), and it is limited to identification of students with specific learning disability (SLD). More specifically, IDEA delegates to each state the choice of approach for identifying children with SLD: (a) permitting or requiring RTI; (b) permitting or prohibiting evaluation based on a severe discrepancy between ability and achievement; and (c) omitting, permitting, or requiring a third alternative of other research-based procedures. Although the IDEA regulations (2009) do not define or establish criteria for implementing RTI, they require local education agency (LEA) evaluation teams to "consider" - regardless of which approach is selected for SLD identification- at least one essential element of RTI: "data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction" (§ 300.309[b][2]). For another core characteristic, the IDEA final regulations provided only a partial foundation, requiring consideration of "data that demonstrate that the child was provided appropriate [emphasis added] instruction in regular education settings" (§ 300.309[b][l]); the Commentary (2006) accompanying the IDEA regulations explained that the originally proposed "requirement for high quality, research-based [emphasis added] instruction exceeds statutory authority" (p. 46,656).

The professional literature is rife with rhetoric, research, and increasingly more detailed practical sources, but the legal sources are relatively limited. For RTI litigation, Walker and Daves (2010) identified a handful of published court decisions, but all of them concerned prereferral activities generically, not RTI specifically. Instead, Zirkel (2010) found that the few readily available cases to date have been at the hearing/review officer level and, reflecting further confusion, none was specific to SLD eligibility.

The appearance and analysis of legislation and regulations have been more frequent but still rather fluid. In our recent systematic survey of state laws (Zirkel & Thomas, 2010), we found that as of September 2009 the vast majority of state laws had opted to permit both RTI and severe discrepancy, effectively delegating the ultimate choice to the LEA. Conversely, we reported that 12 states had chosen to require RTI, with variations:

* Colorado, Connecticut, Louisiana, Rhode Island, and West Virginia - completely, with express or implicit prohibition of the severe discrepancy approach.

* Florida, Illinois, and, possibly for the combination, both Georgia and Maine- completely, but allowing the addition of a combination with at least the severe discrepancy approach.

* Delaware, New Mexico, and New York- only partially (i.e., particular area, such as reading, or grade range).

In addition, four states (i.e., Arizona, Hawaii, South Carolina, and Wisconsin) had not finalized their state law choice at that time. Because some states had not made their choice by statute or regulation, we extended the line between "state laws" and "guidelines" to include officially adopted state board of education policies (e.g., Mississippi, Missouri, and North Carolina) as "state laws" and state education agency (SEA) policy memoranda (e.g., Connecticut, Massachusetts, and Maine) as "guidelines" (Zirkel & Thomas, 2010). However, we had limited this initial study to the state choices with regard to the three options for SLD identification, thus not analyzing the state laws and guidelines for the detailed, implementation features of RTI.

The only study to analyze state guidelines for RTI features (Berkeley, Bender, Peaster, & Saunders, 2009) was not particularly clear or systematic with regard to the differentiation between state law and guidelines. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

State Laws and Guidelines Implementing RTI
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.