Reply to request sped eval for 7 year old with reading difficulties?

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[quote=Anonymous][quote=Anonymous]Under the Individuals with Disabilities Education Act (IDEA), it is illegal for a school to delay or deny a special education evaluation solely because the student has not yet gone through or completed Response to Intervention (RTI) or similar general education interventions.
This is a common — and illegal — practice in some schools, and it can cause unnecessary delays in getting children the services they need.
🔍 Here's the exact legal guidance:
From the U.S. Department of Education (OSEP Memo, January 21, 2011):
“A Response to Intervention (RTI) process cannot be used to delay or deny an evaluation for eligibility under the Individuals with Disabilities Education Act (IDEA).”
That means:
If a parent requests an evaluation in writing, the school must respond with either:
Written consent to begin the evaluation, or
A written refusal (called Prior Written Notice) explaining why they are refusing — and parents can then challenge this.
Schools cannot tell a parent they must wait for “more interventions” before the evaluation can begin.
✅ What this means for you:
If your child is showing persistent struggles despite general education interventions, and you suspect a disability, the school must move forward with the evaluation process once you’ve made your request in writing.
If they try to delay by saying “let’s wait and see how this new reading plan goes,” or “he hasn’t been in the RTI program long enough,” that’s a clear violation of IDEA.
🔒 You can include this language in your evaluation request:
“I understand that under IDEA and guidance from the U.S. Department of Education, a school cannot delay or deny an evaluation based on the child’s participation in a Response to Intervention (RTI) or other general education programs. I am formally requesting that the school begin the evaluation process immediately.”[/quote]
I really hate when people just post shit from ChatGPT here. Hint: the emojis give it away, loser.[/quote]

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