Eligibility: PARENT REQUEST TESTING, SCHOOL REFUSES UNTIL RTI COMPLETE

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J:  My child has struggled every year. It’s been 3 years so I’ve requested testing for my child but the school said they won’t test till the “RTI..(?)” process has been exhausted. Can they do this?

  1. Start with these articles.
    https://www.wrightslaw.com/blog/is-child-with-passing-grades-eligible-for-special-ed-under-idea/
    https://www.wrightslaw.com/blog/the-rti-hurdle/
    https://www.wrightslaw.com/blog/stuck-in-rti-purgatory/
    https://www.wrightslaw.com/blog/stuck-in-rti-purgatory-part-2/

    Here’s the bottom line from OSERS – RTI cannot be used to delay / deny an evaluation.
    https://www.wrightslaw.com/info/rti.osep.memo.0111.pdf

    You need to educate yourself so you can advocate effectively at school and Team meetings.

    Use all the information available on Wrightslaw to get a clear picture of your rights, your child’s rights, and the school’s obligations.

    Make good use of the questions already asked and answered on the blog. Use the Database topics (right side of blog) to find answers to your question.

    Example: Find Q & A on “Eligibility”
    https://www.wrightslaw.com/blog/helpline-topics-e/

    Q & A Database 2008-2015: A- K
    Q & A Database 2008-2015: L – Z

    Use the topic listing on the left side of the blog to find info on Response to Intervention (RTI), Eligibility, Evaluations, Grades

    A must read: Go to the main website http://www.wrightslaw.com and use the topics on the left side of the page. Use the search box on every page – search using the terms noted above.

    Another good search term / topic — Parent Rights!

    Thanks for your question, J. It helps everyone to see how to find the information they need on Wrightslaw.

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