The school wants more intervention before it will evaluate

A reading group, a tutoring block, or a new round of screening arrived where a testing date should have, after you asked for an evaluation in writing. No: whenever a child is referred for an evaluation, the district promptly requests consent and keeps to the evaluation timeframes, which only a written agreement with you can extend (34 CFR 300.309(c)). Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.

By The Advocate Ally, checked against the rules it cites. Sources checked September 17, 2026.

What the rule says

“The public agency must promptly request parental consent to evaluate the child … whenever a child is referred for an evaluation.”
34 CFR 300.309(c)

A tutoring block can run alongside a referral, but it cannot stand in for the consent paperwork once one exists.

What to do this week, in order

Circle the date on your evaluation request; the district’s duty starts there, not once the reading group finishes.
The evaluation request, dated34 CFR 300.309(c)
Ask the RTI or MTSS coordinator, in writing, for every score, date and tier level collected on your child so far.
The intervention data log, with dates and tier
Send the MTSS coordinator the note below, cc’ing the district’s evaluation team, and ask for the consent form.
A copy of that email, kept in your files
Find out, in writing, where the district’s fixed count of intervention rounds before a referral is written down, and keep the reply.
Where the district’s cycle count lives, in its own words
Note the day the district receives your signed consent; the initial evaluation is due within 60 days of it, or your state’s own timeline.
The signed consent form, with the date it was received34 CFR 300.301(c)

What to put in writing

Replace what sits in brackets and send it by email, so the date is fixed.

To: The MTSS coordinator, cc’ing the district’s evaluation team

Dear [Coordinator’s name],

On [date you asked], I asked in writing for an evaluation of [child’s name] in [area of concern, such as reading and written expression]. Since then the school has offered [intervention program] instead of a testing date. Please treat this letter as that same request, still open. If the team wants more intervention data before it evaluates, please explain that choice in writing and send the consent form so testing can begin. Should the team decide evaluation is not warranted, I would like that refusal in writing, with the reasons and the data behind it (34 CFR 300.503).

I appreciate your help,
[Your name]
[Phone] · [Email]

If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).

When to escalate, and to whom

Escalate when the written answer is a no, or when the record you built this week draws no answer at all.

The path	The count	How it runs
A state complaint	60 days to a decision	A signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c)
Mediation	Voluntary, at no cost to you	You and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b)
A due process complaint	2 years to file	A hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a)

Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.

This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.

Have the pages this dispute is about read back to you, free.

The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.

Review my IEP — free

Free, no card. It reads your pages and contacts no one.

Where this comes from

Determining a specific learning disability (34 CFR 300.309)The consent clause quoted above.
Initial evaluations and their timeline (34 CFR 300.301)Where the evaluation clock starts.
The child find duty (34 CFR 300.111)Why a suspected disability gets evaluated.
Prior written notice (34 CFR 300.503)What every no owes you.

When the paragraph needs to become a full letter, the letter templates carry one for each request.