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OSEP Memo: RTI2 Cannot Be Used to Delay/Deny Evaluation

Please take a moment to review this recently issued OSEP memo related to the use of RTI2 in preschools. It has been brought to our attention that some LEAs may be using RTI2 strategies to delay or deny a timely initial evaluation for preschool children suspected of having a disability. This memo states that once a LEA receives a referral from a preschool program, the LEA must initiate the evaluation process under IDEA to determine if the child is a child with a disability. This means that it would be inconsistent with the IDEA evaluation provisions for a LEA to reject a referral and delay an initial evaluation on the basis that a preschool program has not implemented an RTI2 process with a child. We hope the information in this memo will be helpful in clarifying the relationship between RTI2 and the IDEA evaluation provisions. Click here to read the full memo.

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