Special Education Students and Tier II in RtI

One of the confusions of RtI is where special education students fit in the process.  This has been something that we have struggled with and are still refining.  Last year, we indicated that special education students with an IEP would not receive services through Tier II or Tier III, primarily due to the funding used to provide services and resources.  However, now we are saying, "it depends".  Having an IEP would not automatically exclude a student from receiving Tier II.  If a student has a disability that adversely impacts academic performance, i.e., learning disability, intellectual disability, etc., and the student is struggling significantly enough that it is likely that the student's needs cannot be met with Tier II interventions alone, the IEP team should consider what the student needs and address those needs through the IEP process of writing a goal and determining special education services needed.  However, if the student's primary disability impacts social skills, behavior, organization, articulation, etc., and the student is not struggling significantly academically but enough to warrant Tier II, the student's needs in reading and/or math might best be met through Tier II without having to address these deficits through special education services.  If a student with a disability has received Tier II intervention and is not progressing or is progressing slowly, the IEP team should convene to develop a goal and to determine the services the student should receive.  Usually, if a student with a disability is not successful with Tier II and it is determined that the student needs specially designed instruction, the student would move into services through special education instead of progressing to Tier III. Data of interventions and progress should be used in making this determination.