Jessica: Can the special education department refuse to test a student that the campus referred because there is not sufficient RTI data, even though the school has provided interventions to the student such as tutoring, support services through 504, behavior plans, etc.
Sharon is correct and Jill is mistaken, I believe. Here’s a doozie of a guidance document that will help you: http://www.educationadvocacyllc.com/blog/osepissuesmemotostatesreusingrtisrbitodelayinitialevaluations
It shows that it is illegal to use RTI as a delaying tactic.
The district can refuse an evaluation for special education eligibility ONLY when they do not suspect that a disability is present. If they refuse your request, they must notify you in writing of this and include the reasons why they are refusing.
Many states have set rules regarding how long the district can wait to respond to your request. Your local parent center can help you understand what rules apply in your state, as well as what options you have for disputing the district’s refusal: http://www.parentcenterhub.org/find-your-center/.
It is my understanding that a parent can request testing for special ed services. I sent a letter to the special ed director via certified mail and then a copy to the principal of the school. Remember that the 60 days to get the testing done does not take place until you sign the school’s consent form which you can request to meet to do in your letter. I usually put a time frame for response at the end of my letters stating that I look forward to hearing from them within 5 busness days.