Can a school delay an evaluation for RTI?

RTI stands for response to intervention. It means your child gets extra help in small steps, called tiers, while the school checks progress every week or two. Many schools now call this MTSS, which stands for multi-tiered system of supports. Both are good ways to help a child who is behind.

The problem comes when a school says, "We have to finish the tiers before we can test." Federal guidance says that is not allowed when a disability is suspected.^[1]

What the rule says

In 2011, the U.S. Department of Education's special education office wrote a memo to every state. It said schools cannot use RTI to delay or deny an evaluation for a child who may have a disability.^[1]

Three other rules back this up:

• You can ask at any time. A parent can request an initial evaluation.^[2] There is no rule that says you must wait for a tier to end.
• The school must answer. If the school says no, it must give you a written notice that explains why and what data it used.^[3]
• The school has a duty to find children. This is called child find. Schools must look for children who may have a disability, even if no parent asks.^[4]

RTI data is still useful. It can show what helped and what did not. The school can keep the help going while the evaluation happens.

What a delay can look like

Delays are not always a clear "no." Watch for phrases like these:

• "Let's wait and see how she does after winter break."
• "He needs to finish Tier 3 first."
• "We don't test until third grade."
• "Let's try another six weeks of intervention."
• "We will bring it up at the next SST meeting."

Some of these may be good advice for help in class. None of them answers a written request for an evaluation.

Annotated example: a school's reply

Here is a made-up reply a parent might get. The notes after it explain each part. Hold your own letter next to it.

• "Thank you for your letter of October 3." Good. The school has your request and the date. Keep a copy.
• "Sam is currently receiving Tier 2 reading support." Useful to know. Ask for the progress data.
• "Our practice is to complete Tier 2 and Tier 3 before referring." This is the problem. A school practice cannot override the rule that RTI cannot delay an evaluation.^[1]
• "We will review his progress in January." There is no consent form and no formal notice. The letter does not answer your request.
• What is missing: a consent form if the school agrees, or prior written notice if it refuses. Prior written notice must explain the reasons, list the data used and tell you where to get help understanding your rights.^[3]

Questions to ask the team

You can say these words at a meeting or put them in an email:

1. "I asked for an evaluation in writing on (date). Is the school agreeing to evaluate?"
2. "If yes, when will I get the consent form and the assessment plan?"
3. "If no, can I please have prior written notice that explains why?"
4. "Can the reading help continue while the evaluation happens?"
5. "May I see the progress data from the intervention so far?"
6. "How many sessions has my child attended, and how many were planned?"
7. "What growth were you expecting, and how close is my child to it?"
8. "Who should I contact if I disagree with the decision?"

What happens after you sign consent

Once you sign consent, the school has 60 days to finish the evaluation, unless your state sets a different timeline.^[2] You can enter the date the school got your signed form in the IEP due date calculator. It shows the deadline. The 60-day evaluation timeline explains how the days are counted.

Your child does not have to stop getting help. The intervention data from these weeks often becomes part of the evaluation. The whole process, step by step, is in the IEP evaluation process.

What to do next

1. Put your request in writing if you have not yet. Date it and keep a copy. The sample evaluation request letter has wording you can use.
2. Ask for a written answer. If you only get a phone call or a meeting invite, reply by email and ask whether the school agrees to evaluate.
3. Read any refusal closely. If the school says no in writing, the page on what to do if the school declines to evaluate lists your options.
4. Call your state's Parent Training and Information Center. Every state has at least one. They give free help to families and can explain your state's rules.^[5]
5. Keep a folder. Save letters, emails, progress reports and notes from each meeting with the date.

Teachers who want to see this from the school side can read when to refer for special education after RTI. The glossary pages on RTI and MTSS explain the tiers in more detail.

Frequently asked questions

Use it in IEP Atlas

• RTI in the IEP glossary
• MTSS in the IEP glossary
• Evaluation in the IEP glossary
• IEP due date calculator
• Child find in the IEP glossary

Related guides

• The IEP evaluation process: from referral to eligibility
• From MTSS to referral: when intervention data says it is time
• What to do if the school declines to evaluate
• How to request a special education evaluation in writing (sample letter)
• Pre-referral interventions: what to try and how to document it
• Using intervention data in an SLD evaluation
• SLD identification: discrepancy vs RTI vs patterns of strengths and weaknesses

Sources

1. OSEP Memo 11-07: Response to Intervention (RTI) (January 21, 2011), U.S. Department of Education, Office of Special Education Programs
2. 34 CFR §300.301: Initial evaluations, Legal Information Institute, Cornell Law School
3. 34 CFR §300.503: Prior notice by the public agency; content of notice, U.S. Department of Education (IDEA website)
4. 34 CFR §300.111: Child find, U.S. Department of Education (IDEA website)
5. Center for Parent Information and Resources, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.