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You have the right to ask the school to evaluate your child for special education, and federal and state laws set specific timelines for the school's response and for completing the evaluation.
An 'initial evaluation' is the first formal process used to determine if a child has a disability as defined by the Individuals with Disabilities Education Act (IDEA), and if they need special education services to succeed in school. This process is more than just one test. It is a comprehensive look at a child's strengths and challenges, and it must assess all areas of a suspected disability. The school district must use a variety of tools, including observations, parent input, and formal assessments, to gather information.
Either a parent or the school district can start this process by requesting an evaluation. The goal is to collect enough information to decide if a child is eligible for services and to identify what specific supports they might need.
As a parent, you have specific rights under federal law regarding the evaluation process. You have the right to request an initial evaluation for your child at any time if you suspect they have a disability that is affecting their education. The school must consider your request and cannot ignore it.
Before the school can begin any testing, they must get your informed written consent. This means they must explain the evaluation process to you, and you must sign a form giving them permission to start. You also have the right to refuse consent. If you refuse, the school may use a formal dispute resolution process, like mediation, to request permission to evaluate.
The school must provide you with a document called 'Prior Written Notice' that explains any major decision it makes, including its decision to evaluate your child or its refusal to do so. This notice must explain the reasons for the school's decision. Finally, you have the right to an evaluation that is fair, comprehensive, and not discriminatory based on your child's race, language, or culture.
The most effective way to request an evaluation is to put it in writing. A letter or email creates a clear, dated record of your request. Address your request to the school principal or the district's director of special education.
In your request, include your child's full name, date of birth, and teacher. State clearly, 'I am writing to request a full and individual initial evaluation for my child to determine their eligibility for special education and related services.'
It is helpful to briefly and specifically describe your concerns. For example, instead of saying 'he is behind,' you could write, 'He struggles to sound out simple words and is not reading at grade level according to his report card. At home, he gets frustrated and avoids homework.' Be sure to sign and date your request, and keep a copy for your records.
Once you provide written consent for the evaluation, a timeline begins. Under federal law (IDEA), the school district must complete the initial evaluation within 60 calendar days of receiving your signed consent form. The 'clock' does not start when you make the request; it starts when the school receives your permission slip.
Many states have their own, often shorter, timelines for completing the evaluation. Some states also set a deadline for how quickly the school must respond to your initial request (for example, 15 days to provide you with either a consent form or a written refusal). You should ask the school for a copy of your state's specific timelines or look it up on your state's Department of Education website.
If the school district decides not to evaluate your child, it cannot simply tell you 'no.' The school must give you its refusal in writing through a 'Prior Written Notice.' This document must state the specific reasons and data it used to deny your request. For example, it might say that recent classroom assessments show your child is making adequate progress.
The notice must also provide you with a full explanation of your procedural safeguards, which are your legal rights to challenge the decision. If you disagree with the school's refusal, your options include requesting mediation to negotiate with the school, filing a state complaint with your Department of Education, or filing for a due process hearing, which is a formal legal proceeding. Your state's Parent Training and Information (PTI) Center can provide information and support to help you understand these options.
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