Before You Start: What You Need to Know
Your Rights Under IDEA:
• You have the right to request an evaluation at any time
• The evaluation is FREE to you—the school pays for it
• You are an equal member of the IEP team
• You must give written consent before evaluation and before services begin
• If you disagree with the school's evaluation, you can request an Independent Educational Evaluation (IEE)
Red Flags to Watch For:
• School says "Let's wait and see" or "He'll grow out of it"
• School suggests trying interventions first without formal evaluation
• School refuses your written request for evaluation
• School delays beyond legal timelines
If any of these happen, document it and escalate. Schools are legally required to respond to evaluation requests.
The 5-Step IEP Process
Request an Evaluation in Writing
A verbal request doesn't start the legal clock. Always put your request in writing—email counts! Use the magic words: "I am requesting an evaluation under IDEA" or "to determine eligibility for special education."
School Responds & Sends Consent Forms
The school must respond within a reasonable time (typically 10-15 days). They'll either agree and send consent forms, or they'll refuse and provide Prior Written Notice explaining why.
Evaluation Process (60 Days)
Once you sign consent, the school has 60 days to complete the evaluation (some states have different timelines). The evaluation should assess all areas of concern.
Eligibility Meeting
The IEP team meets to review evaluation results and determine if your child qualifies for special education. If yes, you move to Step 5. If no, you can request an Independent Educational Evaluation (IEE).
IEP Development Meeting (Within 30 Days)
If eligible, the team must develop an IEP within 30 calendar days of the eligibility determination. This is where you'll discuss goals, services, accommodations, and placement. Services begin immediately after you sign consent.
Realistic Timeline Expectations
Total time from request to services: 90-120 days
- Week 1-2: Submit written request
- Week 2-3: School responds, sends consent forms
- Week 3-12: Evaluation period (60 days from consent)
- Week 12-13: Eligibility meeting
- Week 13-17: IEP development meeting (within 30 days)
- Week 17+: Services begin immediately
What can delay the process:
• School taking too long to send consent forms
• Scheduling conflicts for meetings
• Need for additional assessments
• Disagreements requiring resolution
How to keep things moving:
• Put everything in writing
• Follow up weekly if you don't hear back
• Know your state's specific timelines
• Document any delays
What If My Child Is Denied?
If the school determines your child doesn't qualify for an IEP, you have options:
1. Request an Independent Educational Evaluation (IEE)
You can request that the school pay for an independent evaluator to assess your child. The school must either agree or file for a due process hearing to defend their evaluation.
2. Consider a 504 Plan Instead
If your child doesn't qualify for an IEP, they might still qualify for a 504 Plan, which provides accommodations without specialized instruction.
3. File a State Complaint
If you believe the school's evaluation was inadequate or didn't assess all areas of concern, you can file a complaint with your state department of education.
4. Gather Outside Documentation
Get evaluations from private psychologists, doctors, or therapists. Bring this documentation to request another IEP meeting to reconsider eligibility.