Response to Intervention (RTI) became part of the special education process with reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004. The regulations for implementing IDEA say that States “must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability, …” Also, States “must permit the use of a process based on the child’s response to scientific, research-based intervention.” [34 C.F.R. § 300.307(a)(1) (2006)] RTI can be a part of the process by which children are identified to receive special education and related services.
The Office of Special Education Programs (OSEP) of the United States Department of Education has prepared a question and answer document, “Q and A: Questions and Answers on Response to Intervention (RTI) and Early Intervening Services (EIS).” This Q&A document addresses the relationship between RTI and general education and special education, evaluation and eligibility determination.
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C8%2C
OSEP has also posted a technical discussion of regulations and of implications for the implementation of the regulations, and a summary of key issues around early intervening services as they relate to RTI.
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CPresentation%2C28%2C
From NICHCY view website nichcy.org/Pages/RTI.aspx