Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities: Response to Intervention (RTI)

Response to Intervention (RTI)

Note: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.


Letter to Perry Zirkel
August 22, 2016
Topic: Response to Intervention (RTI)

Letter regarding the implementation of certain provisions of Part B of the IDEA relating to response to intervention (RTI), including:

  • there is no provision in the IDEA Part B regulations that would give a hearing officer conducting an expedited due process hearing the authority to extend the timeline for issuing this determination at the request of a party to the expedited due process hearing,
  • regulations implementing the 2004 Amendments to the IDEA include a provision mandating that states allow, as part of their criteria for determining whether a child has a specific learning disability (SLD), the use of a process based on the child’s response to scientific, research-based intervention, and
  • as part of its general supervisory responsibilities, the state must ensure that when it identifies noncompliance with the IDEA requirements by LEAs, the noncompliance is corrected as soon as possible, and in no case later than one year after the state’s identification of the noncompliance.

PDF (138KB)


Letter to Perry Zirkel
September 10, 2013
Topic: Response to Intervention (RTI)

Letter regarding whether a longstanding general education intervention process constitutes a process based on a child’s response to scientific, research-based intervention (commonly referred to as “response to intervention” (RTI)) that meets the requirements in 34 CFR §300.307(a)(2) of the regulations implementing the IDEA.
MS Word (96KB) | PDF (50KB)

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Last Modified: 10/16/2018