Use of RtI2 Data
Use of RtI2 Data in the SLD Eligibility Process
The results of collaboration between education professionals through the schoolwide RtI2 process can be useful in the determination of special education eligibility under the category of specific learning disability (SLD). Students identified as eligible for special education continue to be a schoolwide shared responsibility. The definition of an SLD, and the requirements for eligibility as defined in the Individuals with Disabilities Education Act (IDEA) 2004, can be found in Appendix C. The regulations themselves are not presented in this section. It is worthwhile to review the elements of the eligibility criteria as set out in Section 300.309 of the IDEA regulations (34 Code of Federal Regulations 300.309).
There are three subclauses in 34 CFR 300.309. The (a) clause:
(1) addresses low achievement;
(2) addresses using either (i) a response to intervention approach or (ii) a pattern of strengths and weaknesses approach to further suggest the possible presence of a specific learning disability; and
(3) addresses the exclusionary clause (that findings under (a)(1) and (a)(2) are not the primary result of a variety of other issues).
The (b) clause addresses the need to ensure that the student has had appropriate instruction (this in addition to exclusionary clause) and that progress during instruction has been documented and provided to the child’s parents.
The (c) clause states that if the requirements of (a) and (b) are met or the child is referred for an evaluation, then the public agency must promptly request parental consent to evaluate the child to see if he or she qualifies as a student with an SLD and needs special education. Therefore, if a student met the criteria in 34 CFR 300.309 (a) and (b), the need for a comprehensive evaluation to determine eligibility would be established.
An RtI2 process may yield information in the following five key areas:
• Low achievement
• Lack of progress
• Role of exclusionary factors
• Determination that the student has received appropriate instruction
• Need for special education and related services
In addition, a district should also include insight into individual performance through formative measures, curriculum-based measures, teacher observations, and parent reports.
This section expands on those areas and provides information as to what data might be generated through an RtI2 process that may be helpful in addressing each of those areas.
It is important to clarify that this section does not address the entire process for identifying a student as qualifying for special education services under the eligibility category of SLD. Meeting the criteria outlined in 34 CFR 300.309 requires a comprehensive evaluation and consideration of special education eligibility. The U.S. Department of Education (USDOE) Office of Special Education and Rehabilitative Services (OSERS) remarked in comments accompanying the regulations in Section 300.304 that the public agency may not use any single procedure as the sole criterion for determining whether a child is a child with a disability.
In addition, USDOE Office of Special Education Programs (OSEP) states in its presentation, “Building the Legacy: IDEA 2004”, that a comprehensive evaluation for identifying an SLD must:
• Not be replaced by an RtI2 process.
• Use a variety of data-gathering tools and strategies even if RtI2 is used.
• May include the results of RtI2 as one component of the information reviewed.
• Not rely on a single procedure as the sole criterion for determining eligibility.
Those statements from the USDOE, OSEP, reinforce the requirement of a comprehensive evaluation to determine whether a student is eligible for special education services under the category of SLD. Guidelines regarding a comprehensive evaluation refer to all students suspected of qualifying for special education services and are contained in 34 CFR 300.304 and Section 1414 of the Act. This section of the report addresses how information from an RtI2 process can be a useful component of the comprehensive evaluation.
Parental involvement is essential throughout the RtI2 and eligibility determination process. Such involvement includes not only seeking information from parents in regard to their student’s strengths and weaknesses, but also involving parents in the intervention process.
