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Meeting the needs of people with disabilities, their families, educators & service providers

Posts Tagged ‘Referral’

Parent consent may be necessary for later stages of RTI

Thursday, June 26th, 2014

Letter to Gallo, 61 IDELR 173 (OSEP 2013): The federal Department of Education’s Office of Special Education Programs (OSEP) advised a state education official that a school district need not seek parental consent to conduct an evaluation if the evaluation (including certain primary levels of an RTI framework) consists of the collection of data from all students in a general education setting.  Moreover, consent would not be necessary to review any data so collected within the context of determining the possible existence of a disability.  However, consent is required if, during a later stages of an RTI framework.  The critical determination is if the evaluation relates to an individual student and to determine whether the student has a disability potentially requiring special education and related services.  Accordingly, even if within the context of RTI (and not a formal referral to the IEP team) consent would still be required.

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State regulation identifying RTI as a pre-referral strategy consistent with IDEA.

Monday, May 13th, 2013

Letter to Ferrara, 60 IDELR 46 (OSEP 2012):  The U.S. Department of Education’s Office of Special Education Programs (OSEP) informed a director of a special education association that a state’s regulation identifying RTI as a pre-referral strategy for general education students is consistent with the IDEA.  Provided a regulation regarding the use of RTI does not prohibit parents or school personnel from making a referral when warranted, or permit implementation of RTI to delay a response to a parent’s request for a full evaluation, a state can identify RTI as an appropriate pre-referral strategy.

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School districts not required to utilize RTI for parentally placed private school students

Monday, June 20th, 2011

Letter to Zirkel, 56 IDELR 140 (OSEP 2011): The federal regulations implementing the Individuals with Disabilities Education Act (IDEA) require states to permit school districts to use a process based on a student’s response to scientific research-based interventions — otherwise known as “response to intervention” (or RTI) — as part of an evaluation for students suspected of having a specific learning disability (SLD).  However, the United States Department of Education, Office of Special Education Programs (OSEP) stated that, even if a school district utilizes RTI for students within its district, it is not required to use RTI for parentally-placed private school students.  OSEP also stated that it would also be inconsistent with the IDEA and its implementing regulations for a school district to delay or deny the provision of an evaluation of a student referred for an initial evaluation on the basis that a private school has not implemented an RTI process or has failed to provide the school district with data from its RTI process.

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