La Crescent Montessori Academy
What are your legal rights to an evaluation?
As a parent, guardian or advocate, you have a legal right to
request that your school district evaluate your student for
special education. Federal law, the Individuals with Disabilities
Education Act as amended in 2004 (IDEA), gives you that legal
right. School districts must “identify, locate, and evaluate every
child who may have a disability requiring special education
services.” This is called “Child Find.” When there is suspicion
that a child has a disability, parents and educators have a
responsibility and a right to request a full, individual,
comprehensive, multi-disciplinary evaluation.
Parents may request an evaluation in writing, directed to the
Special Education teacher or the Principal. Parents should
retain copies of all correspondence related to their student and
follow up with the school on the status of the request.
Parents may be asked to sign the appropriate Referral for
Evaluation district form before considering an evaluation. The
date of the parents’ signature on the Referral form is the date
used to establish the evaluation timeframe.
Here is a sample letter requesting an evaluation:
Date:
Dear Lori Walz,
My student _____________________________ is having a difficult time
learning with (area of concern). I am requesting that my child
be evaluated for special education services.
________________________(student name) will be completed and a
meeting date will be set within the timeline as required by
federal law. My signature on this letter gives my consent for
my child’s evaluation to begin. I look forward to hearing from
you. I am available by phone at this number_____________________.
Sincerely,
Parent signature____________________________
What is Response to Intervention (RTI) and how is it used
in determining whether a child has a specific learning
disability?
Response to Intervention, often called RTI, is a general
education pre-referral process to help children who are having
difficulty learning and achieving at grade level. RTI is designed
to give these students additional academic support before the
school district determines if they should be referred. La
Crescent Montessori Academy has a Child Study Team, which
discusses these issues.
Do all school districts have the same policies for
implementing RTI and conducting special education
evaluations?
Each school district in Minnesota has its own procedure and
most require a pre-referral process. La Crescent Montessori
Academy supports the use of RTI for students suspected of
having any disability. A referral to the Child Find Team will be
made to discuss potential interventions that will be
implemented prior to initiation of a special education referral.
Is there a limit on how long a child might receive
interventions under an RTI process?
There are no specific timelines regarding how long students
should receive these interventions. The first tier interventions
may be used with the entire class (universal interventions),
while more intensive intervention are targeted toward
students struggling to learn. The number of weeks to complete
the interventions may vary widely.
Is there a right to an evaluation if the child is receiving RTI
interventions?
Yes, Regardless of where the student is in an RTI process, the
IDEA regulations give parents the right to request an
evaluation for special education services at any time. The law
also says that information from an RTI process must be
collected before the end of the timeframe set in place by the
date of the parent’s consent for a special education evaluation.
Is there a time frame for completion of the evaluation?
Minnesota has established a timeframe of 30 school days to
complete the evaluation. The timeframe begins from the time
the school district receives the parents’ written request for the
evaluation.
Following the evaluation, the parent receives an Evaluation
Report which includes a summary of the assessment results,
documentation of whether the pupil meets a particular
category of disability, the student’s present levels of
performance and educational needs that derive from the
disability, and whether accommodations or modifications and
special education and related services are needed.
If your student meets a particular category of disability and is
eligible for special education and related services, you weill be
invited to participate in a meeting with other key staff
members to develop an Individual Education Program (IEP)
plan for your student.