When Schools Say "We Have to Do SST First"—What Parents Need to Know

The author of this article is a non-attorney advocate. Therefore, the contents in its entirety, should not be construed as legal advice, but rather the opinion of the author. Always seek legal advice from a qualified attorney.

I’m seeing a troubling trend that more and more families are encountering across school districts. A parent makes a written request for a special education evaluation—something they have a clear legal right to do under federal law—and the school responds by saying, “We have to try SST first.” Or, “Let’s go through the Student Study Team process before we can assess.” Sometimes it’s framed as Response to Intervention (RTI) or Multi-Tiered Systems of Support (MTSS), but the message is the same: “Not yet.”

Let me be clear: this is not what the law says.

SST (Student Study Team) is a general education process, not a special education one. It’s designed to help schools identify and implement early supports for struggling students within the general education setting. And while SST can be useful when applied appropriately, it is not a legal requirement under the Individuals with Disabilities Education Act (IDEA). It is also not a prerequisite to evaluating a child for special education.

In fact, federal guidance is very clear on this issue. The U.S. Department of Education stated in a memo dated January 21, 2011, that “A public agency may not delay or deny an evaluation of a child suspected of having a disability due to the implementation of RTI strategies.”

In California, when a parent submits a written request for a special education evaluation, the school must respond within 15 calendar days by either providing an assessment plan for the parent to consent to, or issuing a Prior Written Notice (PWN) explaining why they are refusing. Nowhere in the law does it say that a district can delay this process in order to implement SST first.

What frustrates me most as an advocate is knowing how many parents don’t realize that this is a violation. These families want to be cooperative. They trust the school’s process. When they’re told, “This is just how we do things,” or “We can’t move forward until we’ve tried interventions,” they assume they have no choice. Meanwhile, their child continues to struggle—without proper assessments, without services, and without a roadmap for support. In some cases, the delay can last months. In others, it results in no evaluation at all.

This is not just a procedural issue. It’s a civil rights issue. When a child is suspected of having a disability that may require special education, IDEA entitles them to a timely and comprehensive evaluation. Delaying that evaluation by inserting unnecessary procedural hurdles like SST is a direct barrier to access. It wastes time, postpones support, and can cause real academic and emotional harm.

If you've experienced this, here are a few important steps to take. First, always submit your request for evaluation in writing—email is perfectly acceptable. Use clear language such as, “I am formally requesting a comprehensive evaluation for my child under the Individuals with Disabilities Education Act.” Keep a record of all correspondence. If the school tells you that SST must happen first, ask them to cite the legal authority for that claim. (Spoiler: they won’t be able to.) Finally, seek support. Whether through a special education advocate, an attorney, or even an informed community group, you don’t have to navigate this alone.

At Capable Kids Advocacy, I help parents assert their rights confidently and compassionately. I’ve seen this pattern too many times—and I’ve also seen what happens when parents are empowered with the knowledge they need. The conversation changes. The process moves forward. The child finally gets the support they deserve.

If you’ve been told, “We have to wait for SST,” it’s time to push back. I’d be honored to help.

To learn more, visit capablekidsadvocacy.com or contact me for a free consultation.