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Slide 1 - 2011 OSEP Leadership Mega Conference


									 2011 OSEP Leadership Mega Conference
Collaboration to Achieve Success from Cradle to Career 2.0

    RTI: Instructional Process and Evaluation

               Response to Intervention
                 OSEP MEMO 11-07
          Susan Kauffman, Education Program Specialist, OSEP

                   Presentation 308 (Repeated 316)

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•   Introduction
•   SLD Identification
•   State Criteria
•   Using RTI As Part of An Evaluation
•   Parent Request For Evaluation

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         OSEP Memo 11-07
          January 21, 2011

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• 34 CFR §300.307(a) requires a State to
  adopt criteria for determining whether a
  child has a specific learning disability. An
  LEA must comply with the criteria adopted
  by its SEA
• IDEA includes a provision mandating that
  States allow, as part of their criteria for
  determining whether a child has a specific
  learning disability (SLD), the use of a
  process based on the child’s response to
  scientific, research-based intervention
                   34 CFR §300.307(a)(2)
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                State Criteria

A States criteria:     A State must not:
• Must permit RTI      • Require the use of a
• May require RTI        discrepancy model
                       • And may prohibit the
                         use of a discrepancy

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RTI does not replace a comprehensive
evaluation and all other requirements
required under 34 CFR §§300.301-
300.311 (Evaluation and Reevaluations)
are applicable

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• The regulations at 34 CFR §300.301(b)
  allow a parent to request an initial
  evaluation at any time to determine if
  a child is a child with a disability
• The LEA must provide the parent with
  notice under 34 §§300.503 and
  300.504 before conducting an

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If the LEA denies the request for an initial
evaluation, the LEA must provide written
notice to parents
              34 CFR §300.503(a) and (b)

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                 MEMO 11-07

    A Response to Intervention process
    cannot be used to delay or deny an
    evaluation, pursuant to 34 CFR
    §§300.304-300.311, for a child
    suspected of having a disability under
    34 CFR §300.8

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OSEP Memorandum 11-07
•Questions and Answers on RTI and Coordinated Early Intervening
Services (CEIS), January 2007.
•Letter to Brekken, 6-2-2010
•Letter to Clarke, 5-28-08
•Letter to Copenhaver, 10-19-07
•Letters to Zirkel 3-6-07, 8-15-07, 4-8-08 and 12-11-08

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