Special Education Evaluation Legal Timeline

School is starting, and if you think your child may need special education services, now is the time to request an evaluation. Not sure if your child needs services? Check out my recent blog post, [What to Look For if You Suspect Your Child Needs Special Education] . Bottom line, if you have even the slightest inkling your child may need support, request a special education evaluation in writing.

Day 0 – Parent Submits the Request

The process begins the moment a parent or legal guardian submits a request for a special education evaluation to the school district. I always recommend sending the request by email. Paper notes can get lost, but emails create a record and are easy to track. Your request can be simple. Address it to the principal, your child’s teacher, and (if known) the special education teacher. For example: “Hello, I am [Child’s Name]’s parent. I would like to formally request a full special education evaluation.” You may include your concerns such as difficulties with reading comprehension, auditory processing, attention, or social skills but it’s not required.

Within 15 Days – School Responds with an Evaluation Plan

Within 15 calendar days of receiving your request, the school must acknowledge it and provide you with:

1. An evaluation plan

2. A consent form for you to sign

Often, you’ll get an email saying they’ve received your request and will send the plan and consent form home. Review the plan and sign the consent form as soon as possible to avoid delays. If you’re unsure about the plan or the testing proposed, consider consulting with an advocate who can guide you through the process.

Within 60 Days – Evaluation Completed

Once you sign and return the consent form, the school has 60 calendar days to complete the evaluation. It is important to note, this timeline excludes weekends, holidays, and school breaks.During this time, your child will be assessed using a variety of tools, such as:

• Academic achievement testing

• Speech/language evaluations

• Observations in the classroom

• Social-emotional and behavioral assessments

The specific evaluations will depend on your child’s needs and the concerns listed in your request or evaluation plan.

Within 30 Days – IEP Meeting Scheduled

After the evaluation is complete, the school has 30 days to schedule an IEP meeting to:

1. Review the evaluation results

2. Determine eligibility for special education servicesIf eligible, develop an Individualized Education Program (IEP)

For tips on how an advocate can help during this stage, see my IEP Advocacy Services.

If the school determines your child is not eligible for special education services and you disagree, you still have options. This could include requesting an independent educational evaluation (IEE) or pursuing mediation or due process. Contact me for support navigating these next steps.