RTI

Wow...it seems like this year just started and here we are 2 days before our Christmas Break! It's moving right along!

In my readings I recently came across a VERY interesting and important case that has worked it's way through the 9th Circuit dealing with RTI. 

M.M. v. Lafayette School Dist, 767 F.3d 842 (9th Cir. 2014) addressed the omission of RTI graphs in review of records when determining a child's need for special education. In this instance, the court held that even though the child's initial evaluation had used RTI data, there was a violation of IDEA due to the failure of the District to provide RTI information (including test results) to the parents. 

The court stated the District should have informed the parents of the assessments that were being performed for their child during the RTI process whether or not these instruments were used in making the determination of eligibility. This error was viewed as having prevented the parents the opportunity to provide meaningful participation in due process (including IEP development) and therefore was a denial of FAPE.

 "Failure to Share RTI Data With Parents Is Held an IDEA Procedural Violation." Special Education Law Update (Jan. 2015): 1, 11. Print

I know that many times RTI has been in process for many months prior to reaching the level of special education referral. Please share this information with your RTI teams. The issues of consent and disclosure of information are highly litigated areas of special education. We want to be sure our parents are 100% aware of every decision that is made regarding their child so that they can make informed decisions regarding education.

Lack of communication between RTI and Special Education teams and between the school and parents can create difficult situations and mistrust. The decision making process should always be transparent with collaboration from all stakeholders (including parents).

If you have any questions regarding this or any other issue, please give me a shout.

Have a very Merry Christmas and a restful break.