Parents, have you ever been told:
"We can’t evaluate your child until they complete 12 weeks of tiered intervention"?

The truth: That is not how the law works.

What the Law Actually Says

Under the Individuals with Disabilities Education Act (IDEA), schools must actively identify, locate, and evaluate students who are suspected of having a disability. This is called Child Find.

• Child Find is a federal obligation.

• It cannot be delayed because of school policy.

• Local MTSS or RTI timelines do not override it.

If a disability is suspected, the evaluation process must begin without unnecessary delay.

Where the “12 Weeks” Myth Comes From

Most schools use MTSS (Multi-Tiered System of Supports) or RTI (Response to Intervention). These are helpful frameworks that provide early and targeted support to struggling students.

But here is the key:

• MTSS/RTI are support systems, not gatekeepers.

• They can run at the same time as an evaluation.

• They cannot be used to delay or deny evaluation.

What Parents Can Do

Here is a step-by-step guide if your school says, "We need 12 weeks first."

1. Put Your Request in Writing

Send an email or letter requesting an evaluation for special education services. Be clear and specific. Example:

"I am formally requesting a comprehensive evaluation to determine if my child qualifies for special education under IDEA. I understand that interventions may continue, but I do not consent to delaying the evaluation process."

2. Reference Child Find

You can cite the law in plain language:

"Under IDEA’s Child Find provision, schools are required to evaluate students suspected of having a disability without unnecessary delay. MTSS does not override this obligation."

3. Ask for Written Response

If the school refuses or stalls, ask them to give you the denial in writing. This often changes the conversation quickly.

4. Know the Timeline

Once you make a written request, the school must follow your state’s timeline. Most states require schools to respond within 10–15 school days and complete the evaluation within 60 calendar days (or within the state’s deadline).

5. Seek Support if Needed

If the school continues to delay, you can:

• Contact your State Department of Education for guidance.

• Use IDEA’s dispute resolution options, such as filing a state complaint or requesting mediation or due process.

• Consider bringing in an advocate or attorney if needed.

Bottom Line

When schools say, "Wait 12 weeks," remember:

• IDEA says NO.

• Child Find trumps local MTSS policies.

• Your child has the right to be evaluated now.

Takeaway for Parents: Do not let a "12-week rule" stop you. Put your request in writing, cite Child Find, and keep moving forward. Your child’s right to an evaluation does not wait and neither should you.