The Maine DOE has made an addition to the Maine Unified Special Education Regulations frequently asked questions concerning the placement into special education settings, as a general education intervention, of students not identified as eligible for special education.
The new FAQ is found under “Evaluation” and reads:
Is it permissible to place a student not identified as eligible for special education in a special education setting as a general education intervention?
General education interventions (also known as “response to intervention” or “RTI”), are prescribed when a child is determined to not be progressing toward meeting the content standards of the parameters for essential instruction, despite receiving appropriate instruction and positive behavioral supports. MUSER §III.2(f) describes the general education intervention procedure to include “provision of research-based general education interventions.” The specially designed instruction that takes place in a special education classroom is a special education intervention, and not a general education intervention. Placement in such a setting can occur only after a child has been identified as eligible for special education services and the child’s parent has consented to those services.
For a list of all MUSER FAQs visit www.maine.gov/doe/specialed/support/policies/faq.