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ERIC Number: EJ964389
Record Type: Journal
Publication Date: 2011-Nov
Pages: 6
Abstractor: As Provided
Reference Count: 39
ISSN: ISSN-0731-9487
RTI Confusion in the Case Law and the Legal Commentary
Zirkel, Perry A.
Learning Disability Quarterly, v34 n4 p242-247 Nov 2011
This article expresses the position that the current legal commentary and cases do not sufficiently differentiate response to intervention (RTI) from the various forms of general education interventions that preceded it, thus compounding confusion in professional practice as to legally defensible procedures for identifying children as having a specific learning disability under the Individuals with Disabilities Education Act (IDEA). After providing the legal framework for RTI in terms of IDEA and corresponding state laws, including the generally agreed on key components, the article canvasses examples of this confusion in recent case law and the legal commentary--extending even to legal publisher classifications--concerning this case law. The recommendation, starting with local school district policy and practice, is for clear and defensible differentiation that maintains, with fidelity, the integrity of RTI.
SAGE Publications and Hammill Institute on Disabilities. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act