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.
Related Smart Kids Links
- FERPA: The Right to Review Records
- Your Child’s Rights: Response to Intervention
- Your Child’s Rights: 6 Principles of IDEA