OSEP says RTI Cannot Delay/Deny IDEA Eligibility Evaluation
See the COPAA website:
The Office of Special Education Programs (OSEP) at USED issued a Memorandum to State Directors of Special Education on Jan. 21, 2011, regarding the use of a Response-to-Intervention process to delay-deny an evaluation for eligibility under IDEA.
This has been a huge problem in GA that we have been complaining about and notifying the GA DOE. NOW OSEP has finally clarified. Specifically in GA, parents/advocates need to watch for abuse through the SST (Student Support Team) process, sometimes now called RTI (Response to Intervention). If parents request an evaluation to identify a suspected disability, schools cannot put students in their SST/RTI Tier process for months first. This violates Child Find requirements as stated in the memorandum. They must evaluate. In the process of the evaluation, they can certainly do RTI.
Help get the word out and educate our educators!
Advocacy & Consulting Services - IEPadvocate4you
Carol Sadler, Special Education Consultant/Advocate
GA Advocacy Office PLSP I Graduate
1105 Rock Pointe Look
Woodstock, GA 30188
IEPadvocate4you also now on Facebook, LinkedIn and Twitter
"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson
“Refrain from Restraining, Secluding and Corporal Punishment” ---- Carol Sadler, Advocate
GNET=GetNoEducation/Therapy=PsychoNOed=Jail without jury or trial=Imprisonment without legal representation
CONFIDENTIAL AND PRIVILEGED
Information contained in this communication is confidential and privileged. It is not meant to represent legal or medical advice, but rather advice given based on my knowledge as a trained Parent Advocate by the GA Advocacy Office, Council of Parent Advocates & Attorneys, CHADD, LDA, the GA DOE Parent Mentor program as an invited guest and the special education attorneys that I often work with on educational matters. Please do not forward without my permission.