MEMO: A Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (IDEA)

Following confusion around Response to Intervention (RTI) and evaluation and reports to the Office of Special Education Programs (OSEP) that local education agencies (LEAs) might be using RTI strategies to delay or deny evaluation for students suspected of having a disability, OSEP’s Director Melody Musgrove sent a memo to state directors of special education on January 21, 2011. The memo aims to clarify the use of RTI within the evaluation system and asks states to examine their procedures and practices to ensure LEAs that are implementing RTI are doing so appropriately and are not using RTI to delay or deny timely evaluations and services to students suspected of having a disability.

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