Response to Intervention and Child Find: A Legally Problematic Intersection?

Abstract

This article provides a systematic and impartial analysis of the law, including hearing and review officer as well as judicial decisions, specific to the intersection of response to intervention (RTI) and school districts’ ongoing affirmative obligation of child find. The results reveal that this intersection has not been the subject of particularly frequent adjudication and that the majority of the rulings have been in favor of school districts. At a more nuanced level, however, the analysis suggests that the outcomes of such litigation depend on various factors, including the effective implementation of RTI with overriding attention to the two defining dimensions of child find—reasonable suspicion of eligibility and reasonable period for evaluation. Finally, the applicable legislation, regulations, and case law thus far is relatively limited in the scope and specificity of its prescriptive requirements, leaving ample latitude for prudent professional discretion.