Judge Learned Hand wrote for thecourt, "Many people believe that possession of unchallenged economicpower deadens initiative, discourages thrift and depresses energy; thatimmunity from competition is a narcotic, and rivalry is a stimulant, toindustrial progress; that the spur of constant stress is necessary tocounteract an inevitable disposition to let well enough alone." Thestandard that emerged from this decision applied a two-part test fordetermining illegal monopolization: the defendant (1) must possessmonopoly power in a relevant market and (2) must have improperly usedexclusionary acts to gain or protect that power. Congress added its last piece of important legislation in 1950 with theCeller-Kefauver Antimerger Act, addressing a weakness in the ClaytonAct.
Technology offers a potential medium through which RtI implementation could be made easier and more likely to occur (Ysseldyke & McLeod, 2007). The use of technology makes ongoing data collection, data consumption, and data-based decision making a more plausible proposition, and it can keep these important aspects of RtI from monopolizing teacher time. Previous research found that the use of technology substantially facilitated collecting, managing, and analyzing educational data (McIntire, 2002; McLeod, 2005; Pierce, 2005; Wayman, 2005). Thus, technology-enhanced assessment (TEA) would likely support RtI implementation, but applying technology to other aspects of RtI would likely enhance the implementation of those components as well. The RTI Action Network of the National Center for Learning Disabilities has identified high-quality classroom instruction, tiered instruction/intervention, ongoing student assessment, and family involvement as the essential components of RtI. Below is information about those essential components and suggestions for ways in which technology could facilitate the successful implementation of each. It should be noted that the information presented below does not suggest endorsement of a product.