Q: Eligibility for IEP under state law - school is denying services based on assessment performance -dyslexia diagnosis
School is denying services because student has performed well on screenings in school. Have a certified diagnosis by neuropsychologist and student has been receiving reading interventions through the RTI process 3x per week by reading specialist. This is also the child's second time in Kindergarten. School will not acknowledge this being his second time around even though it is in same school with same teacher. They are solely basing it on the fact that he is now in K. He is only thriving bc of the support implemented by RTI and so they won't qualify him for IEP services. Do I have any legal standing here?
300.302 Screening for instructional purposes is not evaluation. (6.7.2(B)) The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.
A:
I advise requesting a formal special education evaluation, and potentially consulting with a Rhode Island special education attorney on this matter. RTI may not be used to delay/deny an evaluation.
See: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep11-07rtimemo.pdf
Sample eval request: https://www.massadvocates.org/s/sample-letter-requesting-evaluation.doc
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