RTI: A New Way for Schools to Define Learning Disabilities
McAndrews Law Offices, P.C.

Articles By Our Attorneys

David T. Painter

Printable Version | Other Articles

 

RTI: A New Way for Schools to Define Learning Disabilities

By David T. Painter, Esquire

When Congress reauthorized the federal special education law, the Individuals with Disabilities Education Act (IDEA), in 2004, it added a new way for school districts to decide which children have learning disabilities that require special education. Since 1975, with the first federal special education law, learning disabilities have been identified through a testing process, usually including a one-to-one session with a school psychologist, which measures a child’s various intellectual abilities and academic skill levels. If there is a “severe discrepancy” between a child’s measured ability and his lower, academic skill levels in reading, math, writing or language, a school-based team might determine that the child requires special education services to meet the child’s instructional needs.

Over the past thirty years, as the research findings examining the “severe discrepancy” method accumulated, there has been increasing criticism of the method. From scientific and educational policy perspectives, the harshest criticism stems from two sources. First, it is well-established that learning problems experienced by children can best be ameliorated through early identification and early intervention. Second, the “severe discrepancy” method often does not result in the identification of learning disabilities until a child is in the second or third grade, after having struggled with basic skill acquisition for several years. Built-in to the “severe discrepancy” method is the requirement that a child’s academic skill deficits be low enough to constitute a severe discrepancy between ability and achievement. Frequently, it would take several years of failure for a child’s skills to be weak enough relative to his or her peers to justify special education services.

The reauthorized IDEA 2004 includes two important provisions that may result in sweeping changes to school districts’ methods for identifying and intervening with children with learning disabilities. In order to receive IDEA 2004 funding, individual states cannot require school districts to use a severe discrepancy method for identifying children with learning disabilities. IDEA 2004 also requires that states permit school districts to use a new method for identifying learning disabilities that has been referred to as: Response to Intervention (RTI). While there are several possible RTI models, all of the models have several things in common:
1) all children are provided with high-quality instruction from appropriately trained professionals using scientific research-based curricula; 2) RTI involves early screening of skill levels for all children several times throughout the school year;
3) children who are “at-risk” are provided with supplemental, targeted skill-building instruction using instructional methods and materials that are research-based and are delivered by appropriately trained professionals; 4) children receiving supplemental, targeted skill-building instruction have their progress measured continuously so that instruction can be altered and adjusted if necessary; and, 5) children who do not respond to intensive and explicit instruction targeting their areas of weakness, may then be likely candidates for learning disability special education services.

School districts interested in incorporating a Response to Intervention method are likely to look to the Pennsylvania Department of Education for additional guidance. The Department is currently sponsoring pilot programs in several school districts throughout the state and undoubtedly the results from these pilot programs will yield useful findings for districts. RTI methods not only hold promise for transforming the process for identifying learning disabilities in young children, but when used school-wide also have the potential to result in early identification, early intervention and reduction in the need for learning disability special education services.

Back to Top

 

What's New
  • McAndrews Law Offices recently won two important victories on behalf of children with disabilities in federal court. In two separate cases, the federal court in Philadelphia overturned decisions of the Pennsylvania Appeals Panel and found in favor of children with disabilities and their families.Read More →
  • McAndrews Law Offices Have Speakers Available for your organization. We provide dozens of seminars and presentations each year to relevant organizations in the field of Special Education, Estate Planning, Special Needs Trusts. Our attorneys regularly speak at national, state, and local organizations such as parent groups, Bar Associations, community organizations, advocacy groups, and similar organizations. These presentations are provided at no cost, are educational in nature, and no marketing of our services is presented. If you would like to schedule a speaker for your organization, please contact Sarah Locher at 610-648-9300, and we will be happy to arrange a presentation for you.Read More →
  • Services for Exceptional Children in Private Schools On September 26, 2007, the Pennsylvania Supreme Court issued a long-awaited decision in Lower Merion School District v. Doe. Read More →
  • Federal Court in Pennsylvania Awards Compensatory Education in a Monetary Fund The United States District Court for the Eastern District of Pennsylvania recently found that a school district’s failure to provide an appropriate educational program required an award of compensatory education, and held that the award of compensatory education must be placed in a fund with a specified monetary amount for the child. Read More →