Do I have to use RtI to determine eligibility for the program for students who are SLD?
Until such time that State Board of Education Rule (SBER) is revised to include criteria for using the RtI model, the local education agency (LEA) should continue to comply with current SBER 6A-6.03018, which sets forth the criteria for using the discrepancy model. RtI is an effective way to improve progress for all students who may be experiencing difficulty, and districts are encouraged to begin using the RtI process as a best practice for all populations.
Yes, in order to comply with SBER 6A-6.03018, eligibility for SLD must be based upon response to intervention data which confirm: 1. Performance discrepancy. The students academic performance is significantly discrepant for the chronological age or grade level in which the student is enrolled, based on multiple sources of data when compared to multiple groups, which include the peer subgroup, classroom, school, district, and state level comparison groups; and 2. Rate of progress. When provided with well-delivered scientific, research-based general education instruction and interventions of reasonable intensity and duration with evidence of implementation fidelity, the students rate of progress is insufficient or requires sustained and substantial effort to close the achievement gap with typical peers or academic expectations for the chronological age or grade level in which the student is currently enrolled; and 3. Educational need. The student continues to need interventions that sign
