Publication: National Association of School Psychologists. Communique
Date published:
Language: English
PMID: 89808
ISSN: 0164775X
Journal code: NASP

Response to State Laws, and Resources Implemetation

Zirkel and Thomas. The newest and most comprehensive source providing a snapshot of states' RTI in the context of SLD identification is survey and article recently completed Zirkel and Thomas (2010). This dates a previous one by the authors September 2009 where it was that the vast majority of state laws opted for both RTI and severe ancy for determination of SLD. The pose of the 2010 study was to cally synthesize the scope and for RTI in state laws and SEA for implementing RTI as part of the identification process. Research tions answered include which states updated their laws regarding SLD fication; which have required or mended an LEA plan as part of the mentation or compliance process; core characteristics of RTI have required or recommended; what for the duration, frequency, and sity of interventions at the multiple have been established; what criteria progress monitoring and decision have been required or and what criteria for referral for special education evaluations have designated.

Notable findings from the Zirkel Thomas study include the results for the core characteristics of The frameworkfor definingthe core acteristicswas based primarily on ity research-based instruction in education, universal screening for demic and behavior problems, ous progress monitoring, multiple of progressively more intense researchbased instruction and intervention, fidelity measures as a supplement to list. All but seven states have covered the core characteristics of although largely in terms of recommendations rather than legal requirements. With the of a few states, the majority of have not addressed the duration of terventions in their laws or Moderately more states have the issues of frequency and intensity interventions, but mainly by way of ommendation rather than While most states have addressed issue of frequency for progress ing, few have addressed decision rules movement between tiers. In terms of final research question regarding for referral for a special education ation, only six states have explicit dards for the transition from RTI to the comprehensive evaluation stage.


Zirkel, P., & Thomas, B. (2010). State laws and guidelines for implementing RTI. Teaching Exceptional Children, 43(1), 60-73.

Spectrum K-12 School Solutions. Spectrum K-12 School Solutions, along with the Council of Administrators of Special Education (CASE), the AmericanAssociationofSchoolAdministrators (AASA), and the National Association of State Directors of Special Education (NASDSE), conducted a survey in April of 2010 of K-12 district administrators to gauge the extent to which RTI has been adopted and implemented. Resuits from the survey were compared to previous survey results (2007, 2008, and 2009) to identify adoption trends. Available at: the_rti_corner/rtLadoption_report.

NASDSE. The 2008 report from Project Forum at NASDSE, State Eligibility Requirements for Specific Learning Disabilities, gauges the extent to which states have adopted new criteria for determining a specific learning disability (see http://www RequirementsforSpecificLearning Disabilities.pdf).

National Center on Response to Intervention. The State Database provides resources on topics related to RTI such as policy documents and briefs, training tools, and links to state SLD rules (available at: http://state.rti4success.0rg).

Regional Resource & Federal Center Network (RRFC). The RRFC offers a collection of materials relating to state RTI activities, policies, and guidance, To access the materials from the RRFC homepage ( click on Topical Information; followed by Responsiveness to Intervention; and State Activities, Policy and Guidance,

In court: Failure to Respond to RTI Deemed an Indication of B Disability

Although a third-grader with ADHD had not yet been determined to be a child with a disability, her failure to respond to RTI should have given her Ohio district reason to suspect that she was a child with a disability. U.S. District Court, Southern District of Ohio, ruled that the district violated IDEA by disciplining the student without first conducting a manifestation determination review. The court ordered the district to remove the suspension and expulsionfromthestudent'srecordsand to provide her with compensatory education. Jackson v. Northwest Local Sch. Dist. , 110 LRP 49939 (S.D. Ohio 09/01/10). Source: LRP Special Ed e-news, September 2010.

Mary Beth Klotz, PhD, NCSP, is NASP Director, IDEA Projects and Technical Assistance. Sources include Special Ed e-News from LRP and CECs Policy Insider e-newsletter.

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