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Evaluation & Eligibility

How evaluations start, what they must include, and how eligibility decisions are made.

An evaluation is how a child gets into special education, and the request that starts it belongs in writing. Federal law gives the district 60 days from your written consent to finish it. Your state may set a shorter clock or count school days instead, and where it does, the state rule is the one that governs. Eligibility is a separate decision from the testing. A child can be tested, found to have a disability, and still be told they do not qualify for an IEP.

Where an evaluation starts

An evaluation starts with a written request from you, or with the district acting on its own. Either way, district staff run the testing at your child's own school and you pay nothing for it. There is no clinic to find. There is no bill.

How to request a special education evaluation is the page to read first. It has the letter, the two people it should be addressed to, what the district is required to send back once it lands, and what a refusal has to look like. A verbal request to a teacher is not the same thing.

The district does not need your request to act. IDEA (the Individuals with Disabilities Education Act) puts an affirmative duty on schools to go find children who may need special education, and the IDEA overview explains where that duty comes from. Child Find and the RTI question explains what happens when a school knows and waits anyway.

Your own request is still the better route. It creates a dated record, and whatever comes back is a document you can use. None of that makes the district agree with you.

When the school says finish RTI first

RTI stands for response to intervention. It is a tiered set of general education supports, and many districts run it before anyone mentions testing. Used as designed, it works. Used as the answer to an evaluation request, it is a delay.

Whether a school can make your child wait for RTI is the page that settles this, and the short version is that an intervention program does not override the duty to evaluate. The article says where that line sits.

A refusal has to come in writing. When a district turns down an evaluation request, it owes you a letter that explains the decision and names the data behind it, and prior written notice is the page that describes what that letter must contain. Ask for it by name. A meeting where someone says no out loud produces nothing you can use later.

The request letter and the refusal letter are the two documents that matter most in this collection. Keep both. Neither one gets your child tested by itself.

What the testing has to cover

The scope rule is short. A child has to be assessed in every area related to the suspected disability, which means your written concerns set the scope, not the referral form someone filled out at school.

What a special education evaluation should include lists the areas the rule names and matches each one to the report it usually arrives as. Results come back as a stack of separate reports with no cover sheet. Matching them yourself is how you find the gap.

That gap is the reason to read the article before the results meeting, not after it. If you raised handwriting in writing and there is no occupational therapy report in the stack, you have a question for the team. The scope rules also cover what a district is not allowed to do, including resting an eligibility decision on one test score.

Eligibility is a separate decision from the testing. A child can be tested, found to have a disability, and still be told they do not qualify for an IEP, because the disability also has to affect school enough that the child needs special education rather than accommodations alone. Category matters here too. How ADHD qualifies under Other Health Impairment is the clearest worked example of a category districts try to route to a 504 plan instead.

The testing page will not tell you which instruments your district will pick. Federal law leaves that choice to the district, and parents do not get a vote on it.

When the report comes back thin

You have one strong move when you disagree with the school's own evaluation. Ask the district to pay for an independent evaluator of your choosing. It is not automatic.

How to get an independent evaluation at public expense covers when a district has to pay, what it can do instead of paying, how to ask so the request counts, and what a privately funded evaluation is still worth if you go that route. IEE stands for independent educational evaluation. The district gets a choice when you ask, and one of its options is to defend its own testing in a formal proceeding rather than write a check. The dispute resolution guide explains what those proceedings are.

The independent evaluation page also says what to put in the request. Vague disagreement does not start anything.

Reevaluations sit at the other end of the same process. The school has to reevaluate on a fixed cycle, and you can ask for one sooner when something changes. How often a child needs a reevaluation has the interval and the questions to ask before the team agrees to skip one.

A reevaluation is not automatically more testing. The team can decide it already holds enough data, and the reevaluation page covers what to do when that decision reaches you as a form to sign rather than a conversation.

Once eligibility is settled, this collection is finished and the next one starts. What has to be in an IEP is where the evaluation report turns into present levels, annual goals, a services page, and progress reporting. Read that collection next, in order. Bring the printable meeting prep checklist to the eligibility meeting, and the rest of the parent paperwork is in the resource library.

Where an advocate fits

An advocate earns their hours at two moments in this process. The first is writing the request so your concerns are specific enough to set the scope of the testing. The second is reading the report against what you asked for. They are not attorneys, and they cannot make a district test your child. Advocates are listed by state. When you want one in the room, talk with an advocate.

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