Everything in special education starts with an evaluation. Before a child can get an IEP, the school must formally assess whether they have a disability and need special education. You do not have to wait for the school to notice — as a parent, you have the right to request an evaluation, and the district has a legal duty to respond.
The school's "Child Find" duty
Under the Individuals with Disabilities Education Act (IDEA), every district has an affirmative obligation called Child Find: it must identify, locate, and evaluate all children who may have disabilities and need services, even those who are passing or attending private school. A school cannot lawfully ignore clear signs that a child is struggling because of a possible disability.
How to request an evaluation
Put it in writing. Write a dated letter or email to the principal or the district's special-education office. A written request starts the legal clock and creates a record.
Be specific. Describe what you are seeing — academic struggles, behavior, communication or social difficulties, a diagnosis — and state clearly that you are requesting a full special-education evaluation under IDEA.
Keep a copy. Save your request and any response.
Consent and timelines
The school cannot evaluate your child without your written consent. Once you consent, federal law sets an outer limit of 60 days to complete the initial evaluation — but many states set their own, often shorter, timelines, so check your state's rule. The evaluation must be comprehensive: it should assess all areas of suspected disability using trained evaluators and more than a single test.
What happens after the evaluation
The team (including you) meets to review the results and decide eligibility. If your child qualifies under IDEA, the team moves on to write an IEP. If your child does not qualify for an IEP, ask whether they are eligible for a 504 plan instead. You are entitled to copies of the evaluation reports.
If the school refuses to evaluate
A district can decline to evaluate, but it must give you prior written notice explaining why. You are not stuck:
Ask for the refusal in writing and the data behind it.
Request an Independent Educational Evaluation (IEE). If you disagree with the school's evaluation, you can request an IEE — and in many cases the district must pay for it or file to defend its own evaluation.
File a state complaint or for a due-process hearing if you believe the school is violating its Child Find duty.
Delay is common, and it costs children services and progress. A clear, dated, written request — and prompt follow-up if you are ignored — is the most effective tool you have.
This is general legal information, not legal advice. The core rights here come from federal law, but timelines, procedures, and state protections vary, and every child's situation is different. Talk to a special-education attorney or your state's parent training and information center about your situation.
Free tools for parents
Self-help tools to act on the steps above — private, and nothing you enter leaves your browser:
Special-education letter generator — request an evaluation, an IEP meeting, an IEE, or records, or give 10-day private-placement notice.
How do I get my child evaluated for special education?
Submit a dated written request to the principal or the district's special-education office asking for a full special-education evaluation under IDEA, describe your concerns specifically, and keep a copy. The school must respond, and it needs your written consent to evaluate.
What is 'Child Find'?
Child Find is the IDEA duty requiring every district to identify, locate, and evaluate all children who may have disabilities and need special education — including children who are passing or in private school. Schools cannot ignore clear signs a child needs help.
How long does the school have to evaluate my child?
Federal law sets an outer limit of 60 days from your consent to complete an initial evaluation, but many states have their own, often shorter, timelines. Check your state's specific rule.
What if the school refuses to evaluate my child?
The district must give you prior written notice explaining the refusal. You can request that reasoning in writing, seek an Independent Educational Evaluation (often at district expense), and file a state complaint or due-process request if the refusal violates Child Find.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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