Consent for evaluation: what you are signing

The consent form often arrives in a thick envelope with other papers. It can feel like a lot to sign. This page walks through what the form means, what comes with it and what to check before you sign.

What consent means

Consent for an evaluation is your written permission for the school to test your child for special education. The school needs it before it starts the first evaluation.^[1]

The law calls this informed consent. Informed means three things:

• You were told everything about what the school wants to do, in your own language or the way you communicate.
• You understand it and agree in writing.
• You know that giving consent is your choice, and you can take it back before the testing is done.

What you are not agreeing to

Signing the evaluation form is not the same as agreeing to special education. The rules keep these separate.^[1]

If your child is found eligible later, the school will ask for a separate consent before it starts services.

What comes with the form

A consent form usually comes with three other papers:

1. Prior written notice. This explains what the school wants to do and why. It lists the records and data it used to decide.^[5]
2. An assessment plan. This lists each area to be tested and who will test it. Some states call it the evaluation plan or the proposed evaluation. The page on the assessment plan explains each part.
3. Procedural safeguards. This is a booklet about your rights. It is long. Skim the parts on consent, records and disagreeing.

Annotated example: a consent form

Here is a made-up consent form for a fictional second grader. The notes after it explain what each part is for. Hold your own form next to it.

• Reason for evaluation. Check that it matches your concern. If you also worry about writing or attention, say so now.
• Areas to be assessed. This is the most important line. The school must test in every area where a disability is suspected.^[3] An area not listed may not be tested.
• Evaluators. These are the people who will work with your child. You can ask what each one will do.
• Signature and date. Write the date yourself. Make a copy or take a photo before you hand it back.

When the clock starts

Federal rules give the school 60 days from the day it receives your consent to finish the evaluation. Your state may set a different number of days.^[2] Some states count school days, not calendar days.

Enter the date the school got your form into the IEP due date calculator. It shows the deadline. The 60-day evaluation timeline explains what can change it.

If you do not sign

You can say no. If you refuse consent for a first evaluation, the school may ask a hearing officer or a mediator to let it go ahead, but it does not have to.^[1] Most schools do not.

If you sign and then change your mind, tell the school in writing. You can withdraw consent before testing is finished. Withdrawing does not undo testing already done.

Consent for a reevaluation

After your child has an IEP, the school must ask again before new testing. For a reevaluation, the school may go ahead if it made real efforts to reach you and you did not answer.^[1] Read and return those forms, even if you agree. The reevaluation in the glossary explains how often reevaluations happen.

The school does not need your consent to review records it already has, or to give a test that all children take.^[1]

Questions to ask before you sign

1. "Does this plan test every area I am worried about?"
2. "What test or activity will each person do with my child?"
3. "How long will the testing take, and will my child miss class?"
4. "Will someone observe my child in class? Which class?"
5. "Will I get a form to share what I see at home?"
6. "When will I get a copy of the report? Can I have it before the meeting?"
7. "If my child is not a native English speaker, how will you test in the right language?"
8. "Who do I call with questions while the testing is happening?"

What to do next

1. Read the areas to be assessed. Ask to add any area you are worried about before you sign.
2. Sign, date and copy. Keep the copy in a folder with your request letter and any notes.
3. Fill out the parent input form if the school sends one. Your view of your child at home is part of the evaluation.
4. Ask for the report before the meeting. The school must give you a copy of the report.^[4]
5. Get free help. Your state's Parent Training and Information Center can explain the forms and your rights.^[6]

Teachers fill out their own forms during the evaluation. The teacher input form and the classroom observation guide show what they record. The whole process is in the IEP evaluation process.

Frequently asked questions

Use it in IEP Atlas

• Informed consent in the IEP glossary
• Evaluation in the IEP glossary
• Reevaluation in the IEP glossary
• IEP due date calculator

Related guides

• The IEP evaluation process: from referral to eligibility
• The assessment plan explained: areas of suspected disability
• Teacher input form for a special education evaluation
• Classroom observation for an evaluation: what to record
• How to request a special education evaluation in writing (sample letter)

Sources

1. 34 CFR §300.300: Parental consent, U.S. Department of Education (IDEA website)
2. 34 CFR §300.301: Initial evaluations, Legal Information Institute, Cornell Law School
3. 34 CFR §300.304: Evaluation procedures, U.S. Department of Education (IDEA website)
4. 34 CFR §300.306: Determination of eligibility, U.S. Department of Education (IDEA website)
5. 34 CFR §300.503: Prior notice by the public agency; content of notice, U.S. Department of Education (IDEA website)
6. Center for Parent Information and Resources, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.