It is important that teachers, parents and administrators understand that response to intervention (RTI) cannot legally be used to keep children from receiving an initial evaluation to determine whether or not they qualify for special education services. The following is a link to some additional information regarding RTI. Wrightslaw. https://www.wrightslaw.com/info/rti.index.htm
Below is the letter from OSEP that specifically states that RTI may not be used to delay the initial evaluation. An initial evaluation to determine eligibility should no way be contingent on RTI. If a parent is having a hard time getting the initial evaluations to determine eligibility and RTI is being used as an excuse to delay, take this letter to the Special Education Department/Director or reach out to me. The link to the full document is noted below as well.