Reply to When is a classroom unsafe? How would you handle? Kindergarten DD scratched in face and kicked in back at recess

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote] Who told you that? That's absolutely not in IDEA. It sounds like your school district is illegally withholding evaluations.[/quote]

NP, but that’s what the child study process looks like in every district I’ve worked in. They require teachers to br8ng data to the table of the interventions annd supports they have tried. Even if a child is fast tracked to an evaluation due to the kind of alarming situation described here, it takes about two months from the referral for the evaluation to complete all the testing and meet again to come to a decision.[/quote]

I'm not surprised it happens, I'm just saying that's not in IDEA. Every parent of a child with special needs will tell you school districts regularly drag their feet.[/quote]

I think when you are hit with a lawsuit, jail time or fines because you broke a law, you don’t really care if it was because you failed to follow federal law or state law. RTI is mandated in many states. [/quote]

Well, not in Maryland. And I'm pretty sure not DC. I'm less sure about Virginia.

Where do you teach? Is it required there?

I think the claim the pp was making is that pre-referral interventions (which, again, are different than RTI) are common in school districts, not that they're legally required.[/quote]

http://www.rtinetwork.org/learn/ld/the-legal-dimension-of-rti-part-ii-state-laws-and-guidelines

As explained in more detail in Zirkel (2011), most state law provisions for RTI in both the mandatory and permissive categories are, per the foundational provisions in IDEA, exclusive to the determination of SLD. However, a handful of state laws extend RTI to other IDEA classifications.

“Second, a few states—Colorado, Connecticut, and Maryland in descending order of clarity—seem to suggest the use of RTI globally via their guidelines.”

The PP is interested in blaming school systems for SPED issues.  They don’t want a legislative body or state department held accountable. I don’t know why. [/quote]

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