NASET News Alert
Clarification on Response to Intervention (RTI) and Early Intervening Services (EIS) Released by USDOEMay 02, 2007
The final regulations for the reauthorized Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Since publication of the final regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education has received requests for clarification of some of these regulations. The final regulations incorporate new requirements regarding identifying children with specific learning disabilities (SLD) and early intervening services (EIS). With regard to identifying children with SLD, the regulations:
- (1) allow a local educational agency (LEA) to consider a child’s response to scientific, research-based intervention as part of the SLD determination process
- (2) allow States to use other alternative research-based procedures for determining whether a child has a SLD
- (3) provide that States may not require the use of a severe discrepancy between intellectual ability and achievement to determine whether a child has a SLD
- (4) require a public agency to use the State criteria in determining whether a child has a SLD and discuss the role that response to scientific research-based interventions plays in a comprehensive evaluation process.
To view current Q & A on Response to Intervention (RTI) and Early Intervening Services (EIS), visit