Response to Intervention (RtI) Model The IDEA ( Title 34 of the Code of Federal Regulations § 300.307 )) requires states to adopt eligibility criteria for determining whether a child has a specific learning disability. States “must not require” the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability as defined in Title 34 of the Code of Federal Regulations § 300.8(c)(10), and must permit the user of a process based on the child’s response to scientific, research-based intervention. Alternative Method Model States “must permit” other alternative research-based procedures for determining whether a child has a specific learning disability. An IEP may determine that a child has a specific learning disability if: 1. The child does not achieve adequately for his/her age or fails to meet state-approved grade level standards in one of more of the following areas when provided with age- appropriate standards-based learning experiences and instruction: • Oral expression • Listening comprehension
• Written expression • Based reading skills • Reading fluency skills • Reading comprehension • Mathematics calculation • Mathematics problem-solving
2. The child does not make sufficient progress to meet age or state-approved grade level standards in one or more of the above areas when using a process based on the child’s response to scientific, research-based intervention. 3. The team determines that the lack of achievement is not primarily the result of a visual, motor, or hearing disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency. The team must also consider data that demonstrates that the child was provided appropriate instruction in general education settings in order to ensure that underachievement is not a result of lack of appropriate instruction in reading or math. The team must also document that repeated assessments of achievement were administered at reasonable intervals reflecting formal assessment of student progress, and results were provided to the child’s parents.
Chapter 20 – Eligibility Criteria, Charter SELPA
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As of 09/08/2017
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