But to do it right, we must also understand what the law requires—and how special educators can support both the spirit and letter of those laws.

Understanding RTI and MTSS Through a Legal Lens

RTI is a prevention-oriented framework that provides increasingly intensive levels of instructional support. It’s most commonly used in identifying students with specific learning disabilities (SLD). According to the Individuals with Disabilities Education Act (IDEA 2004), states may use a “process that determines if the child responds to scientific, research-based intervention” as part of an SLD evaluation (34 CFR §300.307(a)(2)).

MTSS is a broader framework that includes not only academic intervention but also behavioral and social-emotional supports. It incorporates RTI but emphasizes a whole-child approach. While not explicitly mentioned in federal special education law, MTSS is supported by multiple federal initiatives, including the Every Student Succeeds Act (ESSA), which encourages the use of evidence-based, multi-tiered systems to improve outcomes for all learners.

Special Education Teachers: Our Legal and Instructional Role in RTI/MTSS

1. Ensuring Fidelity of Interventions

Under IDEA, evaluations must be based on valid data (34 CFR §300.304). That’s only possible when interventions are implemented with fidelity. Special educators can:

• Model evidence-based strategies
• Observe and coach general education staff
• Help ensure interventions follow duration, frequency, and instructional protocols

When interventions are inconsistent or poorly implemented, we risk collecting invalid data—leading to misidentification or delayed services.

2. Collaborating on Progress Monitoring

IDEA requires that eligibility decisions draw from “a variety of sources,” including “technically sound instruments that may assess the relative contribution of cognitive and behavioral factors” (34 CFR §300.304(b)). That’s where progress monitoring comes in.

Special education teachers can:

Help select reliable tools aligned with academic or behavioral goals

Train staff in their use:

• Support data collection and analysis
• Join problem-solving teams to interpret whether lack of progress signals a potential disability
• Well-maintained data helps distinguish between a student who is underperforming and one who has a learning disability—and helps teams make timely, legally sound decisions.

3. Preventing Bias and Over-Referral

IDEA explicitly prohibits discrimination in evaluations: assessments must not be “discriminatory on a racial or cultural basis” and must be administered in the child’s native language or other mode of communication (34 CFR §300.304(c)(1)).

As special educators, we:

• Guide teams to examine instruction, attendance, behavior, and English language proficiency before referral
• Advocate for culturally responsive interventions
• Help ensure that referrals are based on need—not implicit bias, language differences, or socioeconomic factors

RTI/MTSS frameworks were developed in part to address the historical over-identification of students from culturally and linguistically diverse backgrounds. That mission continues today—and we have a responsibility to honor it.

Supporting the Evaluation and Identification Process

When students don’t respond to Tier 3 interventions, and there’s documented evidence of ongoing difficulties, a special education evaluation may be warranted. At that point, IDEA regulations guide our work:

Evaluations must be comprehensive and assess all areas of suspected disability (34 CFR §300.304(c)(4))

Teams must use a variety of assessment tools and strategies—not a single test or score (34 CFR §300.304(b))

Evaluation procedures must be non-discriminatory, administered by trained personnel, and used for their intended purposes

Special education teachers:

• Collaborate with school psychologists, speech therapists, and other professionals during evaluation
• Interpret RTI/MTSS data as part of the eligibility decision
• Ensure all pre-referral documentation is complete and consistent
• Keep timelines, parental consent, and procedural safeguards on track
• We are also often the bridge between school and family—making sure parents understand the process and their rights, and ensuring their voice is heard.

Know Your State Laws and Policies

While IDEA sets the federal standard, each state adds its own guidelines for using RTI/MTSS in the evaluation process. For example:

Illinois requires an RTI process be part of identifying a specific learning disability (ISBE, 23 Illinois Admin. Code 226.130).

California allows school districts to choose between RTI, the discrepancy model, or a combination (California Education Code §56337).

As educators, we must stay informed about our state's expectations so we can advocate for students while ensuring compliance.

RTI vs. Discrepancy Model Under IDEA (2004)

IDEA 2004 allows (but does not mandate) RTI as a method for identifying students with learning disabilities.

According to 20 U.S.C. § 1414(b)(6)(B):

“In determining whether a child has a specific learning disability, a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability...”

This means:

• Schools are no longer required to use the IQ-achievement discrepancy model.
• Schools are permitted to use a process based on the child’s response to scientific, research-based intervention (RTI).
• States can allow or require RTI, or offer flexibility for schools/districts to choose.

What Is the Discrepancy Model?

Historically, the discrepancy model identified a learning disability based on a gap between a student’s IQ and their academic performance. Critics argue it often delays intervention until a student is significantly behind—also known as the “wait to fail” model.

Walking the Line: Early Help vs. Over-Identification

RTI and MTSS aim to strike a balance: provide early help, but don’t over-identify. Special education teachers walk that tightrope daily.

Sometimes students are referred for evaluation too quickly—before interventions have been tried with fidelity. Other times, students with clear signs of disability are kept in Tier 2 or Tier 3 too long, delaying appropriate support.

Our expertise in both disabilities and instruction allows us to ask the right questions:

• Has the student received appropriate, research-based instruction?
• Are the interventions matched to the student’s specific needs?
• Are cultural, linguistic, and environmental factors being considered?

When we ask these questions and follow the data, we can ensure that students aren’t overlooked—or over-identified.

RTI and MTSS are more than educational frameworks—they’re part of a legal and ethical system that ensures all students get the support they need. And yes a general education process BUT special education teachers are essential to that system.

By supporting the fidelity of interventions, guiding data collection, preventing bias, and leading the evaluation process, we help schools fulfill their obligations under IDEA and ESSA—and, more importantly, we help students get what they need to thrive.

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Additional reading on RTI and MTSS:

• Understanding Tier 2 in the Integrated Multi-Tiered System of Supports (iMTSS)
• Understanding Tier 1 Instruction: The Foundation of Effective Teaching
• Understanding Multi-Tiered Systems of Support (MTSS) and Response to Intervention (RTI)
• Why a Comprehensive Special Education Evaluation?
• 101: MTSS & RTI
• Tier 2 Interventions: Take RTI to the Next Level
• MTSS What???
• What is RtI?
• What Parents needs to know about RTI
• RTI: Part 2
• RTI 101: Frequently Asked Questions (Part 1)
• RTI for Parents

The Integrated Multi-Tiered System of Supports (iMTSS) is a comprehensive framework used in education to provide targeted support to all students both academics and behaviors. This system is often depicted as a pyramid with three tiers, where Tier 1 represents universal instruction for all students, Tier 2 provides targeted interventions for students who need additional support, and Tier 3 offers intensive interventions for students with significant needs. This blog post will focus on Tier 2, its importance, and how it aligns with the science of reading best practices, supported by relevant research.

The Importance of Tier 2

1. Early Identification and Intervention: One of the primary goals of Tier 2 is to identify and support students who are at risk for academic difficulties early on. Research shows that early intervention is crucial for preventing long-term academic struggles. According to the National Reading Panel (2000), early reading interventions are significantly more effective than later remediation. By providing targeted support at the first sign of difficulty, educators can help prevent small issues from becoming significant obstacles.

2. Preventing the Matthew Effect:  The Matthew Effect, coined by Stanovich (1986), refers to the phenomenon where "the rich get richer and the poor get poorer" in terms of reading skills. Students who start with strong reading skills tend to improve at a faster rate, while those with weak skills fall further behind. Tier 2 interventions are designed to prevent this effect by giving struggling readers the support they need to catch up with their peers.

3. Efficient Use of Resources:  Tier 2 allows for a more efficient use of educational resources. By providing targeted interventions to small groups of students, schools can address learning gaps without overburdening the system. This targeted approach ensures that students receive the help they need without requiring the more intensive and resource-heavy supports of Tier 3.

What Tier 2 Is Not

Tier 2 is not simply reteaching Tier 1 instruction in the same way or increasing the time a student spends on general curriculum without adjusting how it’s delivered. According to Fuchs, Fuchs, and Compton (2012), effective Tier 2 instruction must be more explicit, more systematic, and more intensive than what students receive in the general education setting. It’s not a “wait and see” model where students are passively monitored—nor is it one-size-fits-all instruction. A student who struggles in Tier 1 needs targeted intervention that directly addresses their unique learning gaps, not just extra exposure to the same material that didn’t work the first time.

Additionally, Tier 2 is not special education or an automatic path to an Individualized Education Program (IEP). The purpose of Tier 2 is to prevent the need for more intensive services by addressing difficulties early and efficiently. IDEA 2004 encourages schools to use scientifically based interventions and progress monitoring as part of the evaluation process, but Tier 2 should never delay a referral to special education when appropriate. Tier 2 must be timely, data-driven, and carefully implemented to be effective—and should not be mistaken for a permanent placement or used as a gatekeeper for accessing special education services.

How Tier 2 Ties into the Science of Reading Best Practices

The science of reading is a body of research that encompasses what is known about how people learn to read. This research has led to evidence-based practices that are effective in teaching reading. Tier 2 interventions, when aligned with these best practices, can significantly enhance reading outcomes for students.

1. Explicit and Systematic Instruction: The science of reading emphasizes the importance of explicit and systematic instruction in foundational reading skills, such as phonemic awareness, phonics, fluency, vocabulary, and comprehension. Tier 2 interventions often focus on these areas, providing students with clear, direct teaching and practice opportunities.

Research Support: A study by Foorman et al. (2016) found that explicit instruction in phonemic awareness and phonics leads to significant improvements in reading outcomes for struggling readers.

2. Data-Driven Decision Making: Effective Tier 2 interventions rely on ongoing assessment and data analysis to identify students' needs, monitor progress, and adjust instruction as necessary. This data-driven approach ensures that interventions are tailored to each student's specific strengths and weaknesses.

Research Support: The use of curriculum-based measurement (CBM) has been shown to be effective in monitoring student progress and guiding instruction. Fuchs and Fuchs (2006) highlighted the importance of frequent progress monitoring in ensuring the success of interventions.

3. Small Group Instruction: Tier 2 interventions typically involve small group instruction, which allows for more personalized and intensive support. Small groups enable teachers to provide more immediate feedback and to differentiate instruction based on individual student needs.

Research Support: Wanzek and Vaughn (2007) found that small group reading interventions are more effective than whole-class instruction for students with reading difficulties, particularly when the groups are kept to a manageable size.

4. Multisensory Approaches: The science of reading supports the use of multisensory approaches, which engage multiple senses to reinforce learning. This can include visual, auditory, and kinesthetic-tactile activities that help students connect sounds to letters and words.

Research Support: Multisensory teaching methods, such as those used in the Orton-Gillingham approach, have been shown to be effective for students with dyslexia and other reading difficulties (Ritchey & Goeke, 2006).

Implementing Tier 2 Interventions

Effective implementation of Tier 2 interventions requires careful planning and ongoing evaluation. Here are some key steps:

1. Screening and Identification: Universal screening is essential for identifying students who may need Tier 2 support. Screening tools should be reliable and valid, and they should be administered regularly to catch issues early.

2. Designing Interventions: Interventions should be evidence-based and tailored to address the specific needs identified through screening and assessment. They should include explicit, systematic instruction in foundational reading skills and incorporate multisensory teaching methods where appropriate.

3. Progress Monitoring: Regular progress monitoring is crucial for assessing the effectiveness of interventions and making necessary adjustments. This involves frequent, brief assessments that provide data on student progress and inform instructional decisions.

4. Professional Development: Teachers need ongoing professional development to stay current with the latest research and best practices in reading instruction. This training should include strategies for delivering Tier 2 interventions and using data to guide instruction.

5. Family Involvement: Engaging families in the intervention process can enhance student outcomes. Parents and caregivers can support reading development at home through activities that reinforce skills being taught in school.

Challenges and Solutions

Implementing Tier 2 interventions can present challenges, but with thoughtful planning and collaboration, these can be overcome.

1. Resource Limitations: Schools may face limitations in staffing, time, and materials for Tier 2 interventions. Solutions include leveraging existing resources, such as paraprofessionals and volunteers, and seeking grants or other funding opportunities.

2. Fidelity of Implementation: Ensuring that interventions are implemented with fidelity is critical for their success. This requires ongoing training, supervision, and support for teachers, as well as regular observation and feedback.

3. Balancing Interventions with Core Instruction: It's important to ensure that Tier 2 interventions supplement, rather than replace, core instruction. This requires careful scheduling and coordination to ensure that students do not miss out on essential classroom learning.

Tier 2 interventions are a vital component of the iMTSS framework, providing targeted support to students who are at risk for academic difficulties. By aligning these interventions with the science of reading best practices—such as explicit and systematic instruction, data-driven decision making, small group instruction, and multisensory approaches—schools can significantly improve reading outcomes for struggling readers. Ongoing assessment, professional development, and family involvement are essential for the successful implementation of Tier 2 interventions. With the right support in place, all students can achieve reading success and reach their full potential.

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References

• Fuchs, L. S., & Fuchs, D. (2006). Introduction to response to intervention: What, why, and how valid is it? Reading Research Quarterly, 41(1), 93-99.
• Foorman, B. R., Francis, D. J., Fletcher, J. M., Schatschneider, C., & Mehta, P. (1998). The role of instruction in learning to read: Preventing reading failure in at-risk children. Journal of Educational Psychology, 90(1), 37-55.
• National Reading Panel. (2000). Teaching children to read: An evidence-based assessment of the scientific research literature on reading and its implications for reading instruction. National Institute of Child Health and Human Development.
• Ritchey, K. D., & Goeke, J. L. (2006). Orton-Gillingham and Orton-Gillingham–based reading instruction: A review of the literature. The Journal of Special Education, 40(3), 171-183.
• Stanovich, K. E. (1986). Matthew effects in reading: Some consequences of individual differences in the acquisition of literacy. Reading Research Quarterly, 21(4), 360-407.
• Wanzek, J., & Vaughn, S. (2007). Research-based implications from extensive early reading interventions. School Psychology Review, 36(4), 541-561.