Special Education

Minimum Requirements of a Response to Intervention Program (RtI)

VIII. School District Selection of the Specific Structure and Components of a RtI Program

A school district shall select and define the specific structure and components of the response to intervention program, including, but not limited to, the criteria for determining the levels of intervention to be provided to students, the types of interventions, the amount and nature of student performance data to be collected and the manner and frequency for progress monitoring. [8NYCRR §100.2(ii)(2)]


NYSED has defined in regulation the minimum components of an RtI program but does not require a specific RtI model that must be uniformly used by all school districts. School districts have discretion to make specific decisions when designing the structure and components of their RtI program.  To begin the process it is recommended that the school convene an RtI design team that includes administrators, related service personnel, school psychologists, general education teachers, special education teachers, ESL/bilingual teachers and parents.  Decisions will need to be made regarding the following components of the RtI framework:

  • number of levels or tiers
  • research-based core instructional program (e.g., reading, math and writing)
  • universal screening and progress monitoring tools
  • decision-making process (problem solving vs. standard protocol)
  • composition of instructional decision-making team if using a problem-solving approach
  • professional development
  • procedures to ensure fidelity of implementation
  • parent involvement and notification procedures

Criteria and Decision Rules for Determining Levels of Intervention

  • Cut points to identify students at risk based on screening results
  • Criteria for judging whether a student is or is not progressing adequately in response to instruction
  • Criteria and decision rules for movement of students between levels
  • Criteria for determining when an intervention is no longer needed

Types of Intervention

  • Criteria for determining duration and frequency of interventions designed to supplement Tier 1 or core instruction
  • Criteria for determining type of intervention including:
  • focus of instruction;
  • size of instructional group;
  • appropriate instructional setting (within classroom, separate setting); and
  • appropriately trained staff.

Manner and Frequency for Progress Monitoring

  • Progress monitoring procedures and tools such as CBM defined for each level
  • How and how frequently data are shared with parents.

Getting Started

A school readiness survey may assist a school district in its initial steps to implement an RtI approach.  Examples of school readiness surveys or checklists can be found at the NYS RtI Technical Assistance Center’s website at www.nysrti.org or at the Center on Response to Intervention's website at www.rti4success.org.

Use of Funds: Early Intervening, Title I and Title III

IDEA 2004 allows school districts to use up to 15 percent of their IDEA funds for comprehensive early intervening services (CEIS).  This is intended for students not identified as students with disabilities but who need additional academic and behavioral supports to succeed in the general education curriculum.  These early intervening funds could be used to support the development of RtI programs including professional development for teachers and school staff.

A presentation from the U.S. Department of Education on how federal funds may be used to support RtI entitled, Implementing RtI Using Title I, Title III, and CEIS Funds:  Key Issues for Decision-Makers, is available at http://www.ed.gov/programs/titleiparta/rti.html. This presentation:

  • provides background information about these three federal programs;
  • defines RtI, recognizing that there are multiple RtI frameworks and that different terminology is sometimes used; and
  • provides specific examples of how Title I, Title III, and CEIS funds may be used to support RtI.
Last Updated: November 9, 2010