With today's signing of the landmark Americans for Disabilities Act, every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom.

Our challenges are great, but our will is greater. And in our America, the most generous, optimistic nation on the face of the Earth, we must not and will not rest until every man and woman with a dream has the means to achieve it.

-President George H.W. Bush, July 26, 1990

The US Department of Education created regulations in 2004 to implement the provisions of the Individuals with Disabilities Act, 34 CFR §300. Among those regulations is a provision that requires schools to ensure that when a child performs below average and is suspected of having a learning disability, it “is not due to a lack of appropriate instruction in reading or math.” 34 CFR 300.309(b). This provision has resulted in what is known as Response to Intervention or RtI. RtI is not specifically mentioned in IDEA or its regulations. The regulations require an evaluation team to consider data and assessments in reading and math that show a child was provided “appropriate instruction” in the classroom by “qualified personnel” prior to making a determination that the child has a specific learning disability. §300.309(b)(1) and (b)(2).

While difficulties in learning may be apparent in a child’s early education, for example, learning letter sounds, sight words, and basic number sequencing, often learning difficulties become very apparent by third grade. The school has an obligation to identify children who have learning disabilities under the IDEA. 20 USC§1412(a)(3). The Illinois State Board of Education, in 2008, created a Response to Intervention Plan for utilization in its schools as part of the special education eligibility process.

The plan has three parts:

• Using a three tier model of school supports,

• Utilizing a problem-solving method for decision-making and

• Having an integrated data system that informs instruction.

-The Illinois State Response to Intervention (RtI), January 1, 2008.

The three tier model included in the first part of the RtI plan initially utilizes “research-based core instructional and behavioral methodologies, practices and supports designed for all students”. If a student does not respond positively, then the school adds “more intense instruction and interventions” to the core instruction. If the student continues to struggle, then the school adds “intensive instructional interventions”.

During this process of intervention, the school evaluation team meets and compares the student’s performance against expected performance, establishes goals and monitors the effectiveness of each intervention. The school team collects data to document the student’s response at each level of intervention in accordance with the regulations.

On January 21, 2010, the United States Department of Education, Office of Special Education and Rehabilitative Services issued a Memorandum to all state Directors of Special Education, “States and LEAs (local educational agencies) have an obligation to ensure that evaluations of children suspected of having a disability are not delayed or denied because of implementation of an RtI strategy.” “The use of RtI strategies cannot be used to delay or deny the provision of a full and individual evaluation, pursuant to 34 DFR §§300.304-300.311, to a child suspected of having a disability under 34 CFR §300.8”. OSERS Memorandum, January 21, 2010.

If the school suspects that a child has a disability, the school must conduct an evaluation within 60 days of receiving the parents’ consent. During the school’s use of RtI, the parent can also request an evaluation and the school must either comply or issue notice to the parent that it does not suspect a disability and will not do an evaluation. The parents may then appeal that decision.

RtI may include, but is not limited to:

• Small group reading and/or math instruction;

• Direct instruction in a smaller setting, teaching and reteaching a skill until acquired;

• Instructor modeling how to think through a problem; instructor provides more systematic instruction;

• Instructor assists students in improving memory skills

• Instructor teaches student to ask and answer questions about a problem in order to support problem-solving;

• Seating student near the teacher or near a peer model;

• Allowing extra time for the completion of tasks; and,

• Providing visual aids, including math tables.