Special Education

Response to Intervention - Guidance for New York State School Districts

Guidance for New York State School Districts - October 2010

Guidance for New York State School Districts - October 2010 - PDF PDF Document (495 KB)

The University of the State of New York
The State Education Department



Table of Contents

Regents of The University

Merryl H. Tisch, Chancellor, B.A., M.A., Ed.D. ..... New York
Milton L. Cofield, Vice Chancellor, B.S., M.B.A., Ph.D. ...... Rochester
Robert M. Bennett, Chancellor Emeritus, B.A., M.S. ...... Tonawanda
James C. Dawson, A.A., B.A., M.S., Ph.D. ...... Plattsburgh
Anthony S. Bottar, B.A., J.D....... Syracuse
Geraldine D. Chapey, B.A., M.A., Ed.D. ..... Belle Harbor
Harry Phillips, 3rd, B.A., M.S.F.S. ...... Hartsdale
James R. Tallon, Jr., B.A., M.A...... Binghamton
Roger B. Tilles, B.A., J.D..... Great Neck
Karen Brooks Hopkins, B.A., M.F.A ..... Brooklyn
Charles R. Bendit, B.A. ..... Manhattan
Betty A. Rosa, B.A., M.S. in Ed., M.S. in Ed., M.Ed., Ed.D..... Bronx
Lester W. Young, Jr., B.S., M.S., Ed. D..... Oakland Gardens
Christine D. Cea, B.A., M.A., Ph.D. ...... Staten Island
Wade S. Norwood, B.A. ..... Rochester

President of The University and Commissioner of Education
David M. Steiner

Senior Deputy Commissioner for P-12 Education
John B. King, Jr

Associate Commissioner, Office of Special Education
Rebecca H. Cort

Associate Commissioner, Office of Curriculum, Instruction and Standards
Jean C. Stevens

Statewide Coordinator for Special Education
James P. DeLorenzo

The State Education Department does not discriminate on the basis of age, color, religion, creed, disability, marital status, veteran status, national origin, race, gender, genetic predisposition or carrier status, or sexual orientation in its educational programs, services and activities.  Portions of this publication can be made available in a variety of formats, including Braille, large print or audio tape, upon request.  Inquiries concerning this policy of nondiscrimination should be directed to the Department’s Office for Diversity, Ethics, and Access, Room 530, Education Building, Albany, NY 12234.


We would like to acknowledge the work of the following who were instrumental in the development of this document.

The Internal Workgroup comprised of New York State Education Department staff from the following P-12 offices.

  • Curriculum,  Instruction, and Standards
  • Regional School Services
  • Bilingual Education and Foreign Language Studies
  • Early Education and Reading Initiatives
  • Special Education

Also, the following organizations assisted by providing their review and comments as members of the Response to Intervention (RtI) External Advisory Workgroup:

  • New York State Reading Association (NYSRA)
  • School Administrators Association of New York State (NYS) (SAANYS)
  • New York State United Teachers (NYSUT)
  • United Federation of Teachers of New York City (UFT)
  • NYS Special Education Parent Centers
  • NYS Association of School Psychologists (NYASP)
  • Council of NYS Special Education Administrators (CNYSEA)
  • Learning Disabilities Association of NYS (LDA-NYS)
  • NYS School Boards Association (NYSSBA)
  • NYS Association of Teacher Educators (NYSATE)
  • NYS Association of Colleges of Teacher Education (NYACTE)
  • Bilingual/ English as Second Language Committee of Practitioners

Thank you to Dr. Theresa Janczak, the Director of the RtI - Technical Assistance Center (RtI-TAC), for her valuable contributions to the development of this document.  Her review, edits, and suggested additions to text and resources were very helpful in our endeavor to make the document as thorough as possible.

We would also like to thank Dr. Sarita Samora, who was the lead author of the chapter on limited English proficient (LEP)/ English language learner (ELL) students. Dr. Samora is Professor Emeritus of Bilingual Special Education, State University College of Buffalo.

Guidance for New York State School Districts - October 2010 -PDF PDF Document (495 KB)

Table of Contents


Minimum Requirements of a Response to Intervention Program (RtI)
I. Appropriate Instruction
II. Screenings Applied to All Students in the Class
III. Instruction Matched to Student Need
IV. Repeated Assessments of Student Achievement  (Progress Monitoring)
V. Application of Student Information to Make Educational Decisions
VI.Considerations when Implementing RtI with Limited English Proficient/English Language Learners (LEP/ELL)
VII. Notification to Parents
VIII. School District Selection of the Specific Structure and Components of an RtI  Program
IX. Ensuring Staff Knowledge And Skills Necessary To Implement RtI Programs
X. Use of RtI in the Determination of a Learning Disability

Appendix A: New York State Regulatory Policy Framework for Response to Intervention

Appendix B: Documentation of the Determination of Eligibility for a Student Suspected of Having a Learning Disability

Appendix C:  Readings and References

Last Updated: November 10, 2010