Kelly: My daughter was first evaluated for Special Ed service in Sept 2015 (High functioning autism) and deemed not eligible for services. Recommendation was that when she started Kindergarten and issues arose to do RTI. However since then I had an independent neuropsych eval done which added diagnosis of GAD, sensory integration disorder, mild executive functioning disorder and pragmatic speech disorder. With this I have requested a re-eval as she just started kindergarten and their response is “as a parent request for evaluation, M will need to complete the RTI process. Please contact the RTI coordinator at blank school to discuss the initiation of this process.” Can they do this?? I thought RTI was not to be a barrier to services. How do I respond?
Attach a copy of the 2011 OSEP Memo clarifying that RTI cannot be used to delay or deny an evaluation under IDEA to your letter. https://www.wrightslaw.com/info/rti.osep.memo.0111.pdf
Put your request in writing & request a prior written notice responding to the request. If they make the same response in writing, you can contact the state education agency to make a complaint &/or request mediation on this. Your state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center/