POLICY LETTER: September 10, 2013 to Dr. Perry Zirkel

Desktop\DOE_Logo_small.gif" * MERGEFORMAT 4 CFR 300.307(a)(2) of the regulations implementing the Individuals with Disabilities Education Act (IDEA). You describe a general education intervention process as often taking the form of a school-based student assistance team that recommends strategies for individual children that are evidencing learning and/or behavioral problems. As part of this general education intervention process, you state that the general education teacher typically refers the child to the team and implements [the team's] recommendations for a trial period, with the team reviewing the resulting progress or lack thereof at the end of the period. Depending on the local or [S]tate variation, the next step may be either another team review with recommendations or referral for a special education eligibility evaluation.A multi-tiered instructional framework such as RTI is a schoolwide approach that addresses the needs of all students, including struggling learners and students with disabilities, and integrates assessment and intervention within a multi-level instructional and behavioral system to maximize student achievement and reduce problem behaviors. OSEP supports State and local implementation of RTI strategies to ensure that children who are struggling academically and behaviorally are identified early and provided needed interventions in a timely and effective manner. There are a number of RTI models, and, while the Department does not endorse a particular RTI model, essential components must be present in RTI. These components include: (1) high quality, evidence-based instruction in general education settings; (2) screening of all students for academic and behavioral problems; (3) two or more levels (sometimes referred to as tiers) of instruction that are progressively more intense and based on the student's response to instruction; and (4) progress monitoring of student performance. See OSEP's Questions and Answers on ResIf you have any further questions, please do not hesitate to contact Rebecca Walawender, of my staff, at 202-245-7399 or by email at HYPERLINK "mailto:Rebecca.Walawender@ed.gov" Rebecca.Walawender@ed.gov.Sincerely,Melody Musgrove, Ed.D. DirectorOffice of Special Education Programs You refer to the Student Teacher Assessment Team (STAT), used in the El Paso Independent School District in Texas, as an example of a general education intervention process. In the case you cite, El Paso Independent School District v. Richard R., 567 F.Supp.2d 918, 923 n.2 (W.D. Tex. 2008), the STAT is described as a pre-referral committee that reviews student information, implements interventions to meet the student's needs, and documents the success of the interventions. If the interventions are unsuccessful, the [c]ommittee should refer the student for a special education evaluation. The STAT handbook states that a referral for evaluation for consideration of special education should be a last resort. Page PAGE 2 Dr. Perry ZirkelDesktop\DOE_Logo_small.gif" * MERGEFORMAT 4 CFR 300.307(a)(2) of the regulations implementing the Individuals with Disabilities Education Act (IDEA). You describe a general education intervention process as often taking the form of a school-based student assistance team that recommends strategies for individual children that are evidencing learning and/or behavioral problems. As part of this general education intervention process, you state that the general education teacher typically refers the child to the team and implements [the team's] recommendations for a trial period, with the team reviewing the resulting progress or lack thereof at the end of the period. Depending on the local or [S]tate variation, the next step may be either another team review with recommendations or referral for a special education eligibility evaluation.A multi-tiered instructional framework such as RTI is a schoolwide approach that addresses the needs of all students, including struggling learners and students with disabilities, and integrates assessment and intervention within a multi-level instructional and behavioral system to maximize student achievement and reduce problem behaviors. OSEP supports State and local implementation of RTI strategies to ensure that children who are struggling academically and behaviorally are identified early and provided needed interventions in a timely and effective manner. There are a number of RTI models, and, while the Department does not endorse a particular RTI model, essential components must be present in RTI. These components include: (1) high quality, evidence-based instruction in general education settings; (2) screening of all students for academic and behavioral problems; (3) two or more levels (sometimes referred to as tiers) of instruction that are progressively more intense and based on the student's response to instruction; and (4) progress monitoring of student performance. See OSEP's Questions and Answers on ResIf you have any further questions, please do not hesitate to contact Rebecca Walawender, of my staff, at 202-245-7399 or by email at HYPERLINK "mailto:Rebecca.Walawender@ed.gov" Rebecca.Walawender@ed.gov.Sincerely,Melody Musgrove, Ed.D. DirectorOffice of Special Education Programs You refer to the Student Teacher Assessment Team (STAT), used in the El Paso Independent School District in Texas, as an example of a general education intervention process. In the case you cite, El Paso Independent School District v. Richard R., 567 F.Supp.2d 918, 923 n.2 (W.D. Tex. 2008), the STAT is described as a pre-referral committee that reviews student information, implements interventions to meet the student's needs, and documents the success of the interventions. If the interventions are unsuccessful, the [c]ommittee should refer the student for a special education evaluation. The STAT handbook states that a referral for evaluation for consideration of special education should be a last resort. Page PAGE 2 Dr. Perry Zirkel