What It Means
An evaluation request asks a public schoolPublic schoolA school run by publicly elected or appointed officials and paid for mainly with public money, including district, charter and magnet schools. See more to find out whether a child has a disability and needs special education and related services. Under the Individuals with Disabilities Education Act (IDEA), 34 CFR 300.301 says either a parent or the school district may start that request for an initial evaluation. The evaluation itself can't begin until the parent gives informed consent, and the 60-day deadline to finish it, or the state's own timeline, runs from the day the school receives that consent.
Try It: What Happens After You Ask for an Evaluation
Pick what happened after you asked, and see what federal rules say comes next.
The school must give you written notice and get your informed consent before it tests anything. The clock starts when the school receives your consent: 60 days, or your state's own timeline (34 CFR 300.301).
A school that doesn't suspect a disability can decline, but it must give you written notice saying why and what information it relied on (34 CFR 300.503). You can challenge the decision through a state complaint or a due process hearing.
The U.S. Department of Education's OSEP Memo 11-07 says a response to intervention (RTI) process can't be used to delay or deny an evaluation for a child suspected of having a disability.
Follow up in writing, date it and keep a copy, so you have a record of when you asked.
60 is the federal default. Your state may set a different number.
How Parents Say It
- "I sent the school a letter asking them to evaluate him."
- "They want to try interventions before they test her."
- "The 60 days started when the school got my consent form."
The Breakdown
What the rule says
Under IDEA's regulations, a parent may ask the public school for an initial evaluation of a child who may have a disability. The school then either agrees and seeks consent, or declines with a written explanation.
| Step | What federal rules say | Source |
|---|---|---|
| You ask | A parent or the school may start a request for an initial evaluation | 34 CFR 300.301 |
| The school agrees | It gives you written notice and gets your informed consent before evaluating | OSEP Memo 11-07, citing 34 CFR 300.503 and 300.504504 planA school's plan of supports for a student whose disability substantially limits a major life activity, under Section 504 of the Rehabilitation Act of 1973. See more |
| The clock starts | 60 days from the day the school receives your consent, or the state's own timeline | 34 CFR 300.301 |
| The school declines | Written notice explaining why and what information it used | 34 CFR 300.503 |
| The school suggests interventions first | An RTI process can't be used to delay or deny an evaluation | OSEP Memo 11-07 (January 21, 2011) |
When the timeline can stretch. Under 34 CFR 300.301, the deadline doesn't apply if a parent repeatedly fails or refuses to bring the child for the evaluation, or, under conditions the regulation spells out, if the child moves to another district after the clock started and before the first district decided on eligibility.
Who it applies to. Children who may have a disability, with the request made to the public school district, which the regulation calls the public agency. Either a parent or the school can raise the concern.
Documents to have ready. A dated letter asking for the evaluation, your notes on what you've seen at home, recent report cardsReport card(1) The school's periodic report of a student's grades to parents; (2) the yearly public report on school and district results that ESSA requires states and districts to publish. See more and work samples, notes from teachers, and any outside reports from a doctor or therapist. Keep a copy of everything you send.
A letter to start. "I'm writing to request an initial evaluation of my child, [name], in [grade], for special education and related services under IDEA. I'm concerned about [what you've noticed]. Please send me the consent form and tell me the next steps. Thank you."
Good to Know
The 60-day window begins when the school receives your signed consent, which can be days or weeks after you first asked, so return the consent form promptly and note the date. Your state may set its own evaluation timeline, so check your state education agency's special education pages for the number that applies to you. If your child turns out not to qualify under IDEA, ask the school whether a Section 504 plan could meet their needs.
FAQ
Can a parent request a special education evaluation?
Yes. Under 34 CFR 300.301, a parent or the school district may start a request for an initial evaluation to see whether a child has a disability.
How long does the school have to evaluate my child?
Sixty days from the day it receives your consent, unless your state sets its own timeline, under 34 CFR 300.301. The deadline can stretch if a parent repeatedly doesn't bring the child for testing or the child changes districts partway through.
Can the school refuse to evaluate my child?
A school that doesn't suspect a disability can decline, but it must give you written notice explaining why and what information it used. The Department of Education's OSEP Memo 11-07 says it can't use a response to intervention process to delay or deny an evaluation, and you can challenge a refusal through a state complaint or a due process hearing.
Do It in Buhata
Calendar and Reminders
Put the day the school received your signed consent on the Calendar in Buhata, and set a Reminder for day 60 or your state's own deadline.
Open BuhataRelated Terms and Categories
- IEP
An IEP (Individualized Education Program) is the written plan a public school makes for a child who qualifies for special education under IDEA.
- IEP meeting
The meeting where a child's IEP team, parents included, writes or reviews the child's special education plan under IDEA.
- 504 plan
A school's plan of supports for a student whose disability substantially limits a major life activity, under Section 504 of the Rehabilitation Act of 1973.
Sources
U.S. Department of Education, IDEA regulations, 34 CFR 300.301 (Initial evaluations); eCFR, 34 CFR 300.301; U.S. Department of Education, Office of Special Education Programs, OSEP Memo 11-07, "A Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (IDEA)" (January 21, 2011)
- sites.ed.gov/idea/regs/b/d/300.301
- www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-300/subpart-D/subject-group-ECFRcdd53b28839f370/section-300.301
- sites.ed.gov/idea/idea-files/osep-memo-11-07-response-to-intervention-rti-memo
- sites.ed.gov/idea/files/osep11-07rtimemo.pdf
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