Prompted by the growing movement in the learning disabilities field to shift the focus away from the discrepancy model and toward early intervening combined with high quality instruction, the reauthorized IDEA included the RTI approach as one option that schools can use to identify students with learning disabilities.

The new language in the legislation is as follows:

SEC.614. EVALUATION, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS “(b) EVALUATION PROCEDURES.—

(6) SPECIFIC LEARNING DISABILITIES. —

(A) IN GENERAL. —Notwithstanding section 607(b), when determining whether a child has a specific learning disability as defined in section 602 (29), a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning.

(B) ADDITIONAL AUTHORITY. —In determin ing whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures described in paragraphs (2) and (3)."