Given the continuing interest in response to instruction (or intervention), it’s important to remember that parents can still request that their child be evaluated for special education. Thanks to organizations such as the Learning Disabilities Association of America (LDA), parents can be well-informed about how and why to pursue this avenue when they have a child who needs help. Just because a school is using an RTI process, that’s not sufficient reason to delay an eligibility evaluation. The RTI data may be a part of the evidence in determining eligibility, but shouldn’t be the sole criterion.
I’m no lawyer so this is not legal advice, but as I understand it, schools cannot use RTI to stand in the way of a parent’s request. LDA published a helpful position paper on this matter in 2013, and it is available for free.