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The RTI Ruckus: What Special Education Advocates Need to Know

Conducted November 2, 2011

Allison Hertog, Esq., M.A.
Attorney at Law
Making School Work, P.L.
Education Law and Consulting

Edward Schultz, Ph.D.
Assistant Professor of Special Education
West College of education
Midwestern State University

Allison HertogAllison Hertog, Esq., M.A. founded Florida School Partners - now Making School Work - in 2005 to help South Florida families to understand their childrens’ legal rights in public school; gain accommodations and special services in school; find the right public or private school placement and; navigate the process of attaining significant McKay Scholarships for their disabled children. Hertog comes to the field of special education law with a highly unique background. She is one of the few lawyers in the country who has a Masters degree in special education.

Ms. Hertog earned a degree in special education from Columbia University’s Teachers College in New York and taught children with a variety of special needs for a number of years before enrolling in Loyola Law School of Los Angeles to become a legal advocate for children in need. Since law school Ms. Hertog has not only continued serving as a passionate educational consultant for children, but has worked in the United States Congress and practiced law in New York City. Ms. Hertog has spoken around the country about ADHD, learning disorders, special education advocacy and special needs vouchers, such as the Florida McKay Scholarship. Ms. Hertog is licensed to practice law in Florida and New York.

Edward Schultz

Edward Schultz, Ph.D., is currently an assistant professor at the West College of Education at Midwestern State University in Wichita Falls, Texas. In addition to teaching undergraduate and graduate courses at Midwestern State University, he is involved with several school improvement initiatives, primarily helping to create and sustain multi-tiered prevention and intervention systems of support.

His research interests include multi-tiered prevention and intervention systems of support, special education policy, and specific learning disability identification. He has several publications and has made numerous presentations at state, national, and international conferences. He conducted a state-by-state survey and analysis of state criteria for identification of specific learning disabilitie.

Webinar Archive and Materials

Webinar Archive: This is the recording of the live Webinar (audio and visuals) conducted on November 2, 2011. The recording is 1 hr, 29 minutes in length. You can start, stop, pause, fast forward or rewind the recording using the controls on the ReadyTalk player. (Note: Playing the archive requires Adobe's free FLASH Player to be activated.)

Webinar Archive MP3: This is the MP3 audio file of the live Webinar presentation (1 hr, 29 minutes).

Webinar PowerPoint Presentation Handout: This is the Handout for the Webinar presentation on The RTI Ruckus: What Special Education Advocates Need to Know (PDF, 3 slides per page, 13 pgs). Handout also in 1 slide per page format here (PDF, 30 pgs)


Parent's Guide to Response to Intervention: Written by The Advocacy Institute for the National Center for Learning Disabilities, this guide provides an overview of the RTI process, describe how it is implemented in schools and offer questions that parents can ask. (PDF only) Get it here. Also available in Spanish here.

Parent Rights in the Era of Response to Intervention (RTI):
If a school is using an RTI approach, what rights do parents have and what strategies can be used to address identification issues? Written for the National Center for Learning Disabilities, this guide supplies all the answers. Get it here.

OSEP Memorandum re RTI/Delay and Deny: This is the Memorandum issued by the Office of Special Education Programs at the U.S. Department of Education on January 21, 2011 clarifying use of RTI and obligations regarding Child Find. (PDF, 2 pgs)

RTI Action Network: RTI-based SLD Identification Toolkit co-authored by The Advocacy Institute.

State Laws and Guidelines for Implementing RTI: Teaching Exceptional Children article by Perry A. Zirkel, Sept/Oct 2010. (PDF, 15 pgs)

State Laws and Guidelines for RTI: Additional Implementation Features:
NASP Communique article by Perry A. Zirkel, Spring 2011. (PDF, 7 pgs)

Response to Intervention and the Courts: Litigation-Based Guidance: Journal of Disability Policy Studies article by Walker and Davis examining decisions rendered by the courts regarding RtI. (PDF, 7 pgs)

Legal Implications of Response to Intervention and Special Education Identification: Article by Jose L. Martin, Attorney at Law, for the RTI Action Network

National Joint Committee on Learning Disabilities: Comprehensive Assessment and Evaluation of Students With Learning

Education Week: Monitoring Progress: Response to Intervention's Promise and Pitfalls Special Supplement on RTI published March, 2011.


State Complaint against Upper Arlington City School District
: This is a redacted version of the state complaint filed with the Ohio Dept. of Education on June 6, 2011, against Upper Arlington City School District, Ohio . (PDF, 55 pgs) and the complaint attachments (PDF, 50 pgs)

Ohio Dept. of Education Letter of Findings:
This is the Letter of Findings issued on August 29, 2011 to Upper Arlington City School District regarding the state complaint. (PDF, 14 pgs)

Iowa Dept. of Education Letter of Findings: This is the Letter of Findings issued on March 31, 2010 to Iowa Protection & Advocacy Services, Inc. regarding the state complaint against Heartland AEA 11. (PDF, 5 pgs)

Due Process Decision in Student vs. Delaware College Preparatory Academy: This is the decision in a due process filed May 11, 2009, against Delaware College Preparatory Academy and decided July 30, 2009. (PDF, 21 pgs)

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