Per State Guidance:
1) The problem- solving team must consider whether the student's lack of progress is the result of a suspected disability. if a disability is suspected, the student must be referred to the IEP Team and interventions must continue concurrently while the issue of a suspected disability is resolved.
2) A parent has the right to request, in writing, an evaluation for special education at any time, if they suspect a disability. If the parent makes this request, the student must be referred to the IEP Team while interventions continue.
3) Parents must be notified, in writing, regarding the student's response to intervention at each level (Tier). The "Parent Notification Of Intervention" must be used, and a copy retained in the student's cumulative file.