Your Rights to Documentation

Question

Do I have the legal right to ask my son’s school for his Response to Intervention (RTI) Tier 2 action plan and progress reports? I have concerns about the fidelity with which RTI is being implemented, and although I’ve requested this information multiple times I have yet to receive it.

Anonymous
Little Rock, AR


Ask the Experts

Nora Belanger, Esq.

Nora Belanger is an attorney whose practice focuses on special education and disability rights law. She is also a member of Smart Kids’ Professional Advisory Board.

Yes, you have a right to all documents in your child’s file. I suggest sending a FERPA request for records noting that you would like all documents attributable to your child. In addition, it is important to request (in writing) documentation of progress in RTI in the form of data or testing. If that is not in your child’s file and it is not submitted to you, the assumption is that it is not there.

It is important to know that a referral to special education is separate from any RTI policies a district may have. You always have a right to a referral IEP meeting regardless of whether there have been services provided through RTI.

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