If a diagnosis is known, does RTI eliminate IEP or 504 need?

[Smiley74]

In PA, does a diagnosis (say dyslexia) a documented thru nueropsych/academic testing, can scjool tefuae a 504 or IEP request and only offer RTI reading support (pull out small group to the reading specialist)? As a side note, district does NOT use the RTI model to identify SLDs-they use discrepancy model. 

[EmilyM]

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RTI and similar processes cannot be used to delay evalution IEP/504.

[Carolyn Rowlett]

I am not in PA, so only responding from a general IDEA and 504 standpoints.  Emily is correct that a school district cannot use RTI to delay evaluations for either a 504 Plan of an IEP.

However, you may be asking if the school district can deny a 504 or IEP even after it does its own evaluation when the student has a diagnosis of something like dyslexia.

With respect to an IEP, the answer is "yes."  A school district can deny an IEP even to a student with a diagnosed disability.  The key to qualifying for special education services is what the data (present levels) shows - not a diagnosis.  A student with a diagnosis of dyslexia may not have low enough scores to quality.

Qualifying for a 504 is less stringent.  A disability is required, but that disability must impact the student's ability to receive an education.   A disability is defined as a condition that impacts a basic life activity and included physical, emotional, and cognitive disabilities.  However, as with an IEP, having a diagnosis is not a slam dunk.  The disability must be impacting FAPE.

[Carolyn Rowlett]

I just realized I still may not have answered your question.  If the data shows the need for a 504 or an IEP, then no, RTI cannot replace this and does not eliminate the need for either.

[Smiley74]

3 hours ago, Carolyn Rowlett said:

I just realized I still may not have answered your question.  If the data shows the need for a 504 or an IEP, then no, RTI cannot replace this and does not eliminate the need for either.

Formal diagnosis by made by outside nueropsych and then shard with school. School then denied 504/IEP despite discrepancy from IQ (no academic failure, but only performing "average" which is below expected based on IQ of 130+ 2e kiddo).  After being pressured, school now only offering RTI, but nothing else. Since the diagnosis is already known prior to RTI, should thee now be a 504 at minimum since reading support is being offered and there is a known diagnosis?

[EmilyM]

33 minutes ago, Smiley74 said:

Formal diagnosis by made by outside nueropsych and then shard with school. School then denied 504/IEP despite discrepancy from IQ (no academic failure, but only performing "average" which is below expected based on IQ of 130+ 2e kiddo).  After being pressured, school now only offering RTI, but nothing else. Since the diagnosis is already known prior to RTI, should thee now be a 504 at minimum since reading support is being offered and there is a known diagnosis?

Was there a PWN explaining why?

I don't like to think of a 504 as "the minimum" because it really is its own thing. I like RTI in and of itself so I suppose its nice it is offered, but there should have been reasoning as to why there was no qualification for the IEP.

[Carolyn Rowlett]

A diagnosis in and of itself does not qualify a student for a 504.  The data must show that the disability impacts the student's ability to receive an education.   Think about why you want a 504.  Does the disability slow down the student's reading and thus they need extended time or text-to-speech?  Does the disability mean the student is spending more time on homework than their peers, so the accommodation for "no more than 1 and 1/2 times spent on homework than peers" is needed?  Does the disability affect the student's written responses, so that additional time is needed or oral responses excepted?

You've got to be able to show why the disability is affecting the ability to receive FAPE in the same manner as peers and base the request for a 504 and accommodations on that.

Also, Emily is correct that you need to think of 504's and IEP's as distinct items.  With respect to the IEP and the school district not finding eligibility when a discrepancy exists, I'd file a state complaint or go to due process.  Unless I'm missing something here because it's in PA...  You state there is a discrepancy and school district uses the discrepancy model, so what's their issue??

[JSD24]

It's possible that the added support of RTI is helping your child enough where a higher level of instructional support (an IEP) isn't needed.  The thing is that RTI doesn't require progress monitoring so how do you know how much it's helping?  I'd see if you can get them to progress monitor so you can see if your child is closing the gap with this level of support.  504s provide accommodations.  I'm taking a dyslexia class and the instructor (Sally Shaywitz who is a dyslexia expert) says that extra time on tests is something every dyslexic student needs.  Based on this, I'd see about getting a 504 so your child has extra time.  If they can't read at a level where they have access to math, science & other textbooks, audiobooks is another accommodation to request.  They might also need things read to them or a scribe (or AAC) if spelling gets in the way of their success in school.  With accommodations on a 504, they will also be able to get the same accommodations on PSSA & Keystone exams.  (With the reading parts of these, you can't get the test read to them because this is a test of reading comprehension but the math & science parts as well as instructions can be read.)