turns out there is actually a state statute staying that 2 interventions need to be tried before a child is referred to special ed, but the interventions can be waived at the discretion of the school, and can't be used to deny an evaluation (doesn't say anything about "delay"). This seems to be completely contrary to the US Dept of Ed memo.
This discussion has been really interesting blackcap - like your state statute, our school district requires RTI before an evaluation. I was told 6 weeks of RTI back when our ds was in 4th grade, but that's been quite a few years ago. The way we "got around" it was his teacher tried interventions while we were waiting for his initial team meeting to be scheduled and actually take place - sad but true!
I think that one thing you could do if your school insists upon interventions is to simply make a list of all interventions that have already been tried over however many years and put that forward as reason enough to say "we've tried interventions".
Best wishes,
polarbear
