CEC's RTI Blog

Legal Questions . . . and Some Answers

By David F. Bateman, Shippensburg University, PA

I have spent the vast majority of my time on this blog raising questions -- and not much time answering them. I was asked to address the legal aspects of RTI. This is my last blog post. Holiday vacation calls. 

The reason there are so many questions instead of answers at this time is the way in which change occurs. Let me explain; as you know, RTI is new. Yes, it has been around in one way or another in some districts for a few years, but for the vast majority of the districts nationwide, this is a new way of determining whether a student is eligible for special education and related services as a student with a learning disability.   

The New IDEA Amendments

By David F. Bateman, Shippensburg University, PA

I am going to take this chance to provide information about RTI and to mourn the passing of a leader in the field of learning disabilities. 

Ken Kavale, Ph.D., passed away suddenly this past weekend. Dr. Kavale, who was President-Elect of the Division for Learning Disabilities, was a noted scholar who studied learning disabilities, emotional and behavioral disorders, intellectual disabilities, and special education policies. Most recently a professor at Regent University in Virginia Beach, VA, he previously taught at the University of Georgia, University of Colorado, University of California at Riverside, and University of Iowa.

Kavale's research related to effective methods of providing instruction to students with learning disabilities. Many, many readers would be (or at least should be) familiar with his pioneering research using meta-analyses for determining effective (or ineffective) treatments. His work has changed the field instruction related to not only students with learning disabilities but also students with disabilities in general.

RTI's Role in Traditional Testing and Assessment

By David F. Bateman, Shippensburg University, PA

In my previous post, I promised to raise questions about RTI and not necessarily answer them. I thought about it some more and as I start to raise questions I want to make sure the background for the questions remains.

First, there is still a role for traditional testing and assessment even when the RTI model is adopted. The IDEA definition of specific learning disabilities (SLD) still contains “rule out” requirements.For example, the identification of SLD can only be made when it can be demonstrated that the child’s learning problems are not primarily the result of visual, hearing, or motor disabilities; mental retardation; emotional disturbance; limited English proficiency; or environmental, cultural, or economic disadvantage. Furthermore, IDEA’s regulations require that the identification of a disability must result from an evaluation that is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not the needs are commonly linked to the disability category in which the child has been classified. 

An Introduction to the Legal Aspects of RTI

By David F. Bateman, Shippensburg University, PA

I am humbled by the leadership that has been provided by others as they have been blogging about RTI over the past few months. I hope I can come close to the excellent analysis and opinions they have expressed.

My comments this month will relate to the legal implications of RTI. Heads up, and I am sorry to say, that I will probably raise a lot more questions than answers about RTI. The reason I will mostly raise questions is, as many of you know, the pace of justice is often not very swift. RTI has not been a part of IDEA for very long (since 2004), some of the states did not issue their final state regulations to come into compliance with IDEA 2004 until the summer of 2008, and for litigation to occur relating to an issue there needs to be an action (or inaction) and a potential harm. Finally, despite the changes of IDEA 2004 relating to RTI, parents and attorneys are still having some difficulty wrapping their heads around the concept and what it involves (or does not involve). This should not come as a surprise given that many educators, the very ones responsible for the implementation of RTI, also are unsure of what is involved.