SPECIAL EDUCATION ELIGIBILITY


If you have any questions regarding Special education eligibility, please contact us for a Free Special Education Eligibility Consultation.


Within a scientific, research-based intervention process, such as RtI, school teams are able to use student progress data collected at each tier to document a student’s response to scientific, research-based interventions as part of the special education evaluation process. Evaluation to determine special education eligibility may occur at any tier, although it typically occurs within Tier 3 when a student either:

• Does not respond to the most intensive interventions or
• Responds to the interventions but is not able to maintain his/her performance if the intensity level is decreased or the interventions are faded.

It is also important to note that a parent may request a special education evaluation at any point during the intervention process. The use of the RtI process cannot delay the evaluation, if needed. The district must fully consider the parents’ request and decide whether or not to conduct the evaluation. The district must then notify the parents in writing of its decision and the reasons for that decision.

State special education regulations require that by the 2010-2011 school year, school districts must use an RtI process as part of the special education evaluation process when a specific learning disability (SLD) is suspected. After using an RtI process for this purpose, a district may also, but is not required to, use a severe discrepancy between intellectual ability and achievement as part of the evaluation process for determining whether a child has a SLD. However, they will not be able use severe discrepancy alone to determine eligibility.

ISBE recognizes that some districts are currently further along in the implementation of RtI and may implement this process prior to the 2010-2011 school year. Additionally, the RtI process may be used as part of the evaluation process for students considered for eligibility in other disability areas.

If you feel that you are not being provided appropriate special education services, please contact us for a Free Special Education Eligibility Consultation.