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The IEP evaluation process: from referral to eligibility

By the IEP Atlas editorial teamLast updated

Short answer

The IEP evaluation process starts when a parent or the school asks for an evaluation in writing. The school reviews the request, gets the parent's written consent, tests in every area of concern, writes a report, and holds an eligibility meeting. Federal rules give 60 days from consent to finish the evaluation unless the state sets its own timeline.

An evaluation decides two things: whether the child has a disability under IDEA, and whether the child needs special education because of it. Both answers have to be yes before an IEP is written. Everything in the process, from the first letter to the eligibility meeting, exists to answer those two questions with enough evidence that the team can defend the decision.

This page follows one fictional student through every step, with dates. It shows who does what, where the 60-day clock starts, and where states add their own rules.

At a glance

  • Either a parent or the school can ask for an initial evaluation.[1]
  • Nothing is tested until the parent signs written consent.
  • The federal clock is 60 days from consent, unless the state sets a different timeline.[1]
  • The child is tested in every area of suspected disability, with more than one tool.
  • A team that includes the parent decides eligibility. If the child qualifies, the IEP meeting follows within 30 days.
  • The school must look at the child again at least every 3 years.[2]

The evaluation timeline from referral to IEP

The table below is the timeline for one fictional second grader, Leo. His parent wrote a letter in early September asking for an evaluation in reading. The dates are an illustration. Your district's calendar and your state's rules decide the real ones.

StepLeo's dateDay countFederal ruleWhere states differ
Parent sends written requestTue Sept 8Before the clockA parent may request an initial evaluationSome states set a deadline to respond to a referral
School reviews data, sends notice and consent formFri Sept 18Before the clockThe school must give written notice of what it proposes or refusesResponse deadlines range widely, and some states have none
Parent signs consentTue Sept 22Day 0The 60-day clock starts when the school receives consentSome states also set a deadline that runs from the referral
Testing and observationsLate Sept to early NovDays 1 to 50All areas of suspected disability, more than one measureSome states list required tests by category
Report shared with the parentThu Nov 12Day 51Parent gets a copy of the report and eligibility paperworkSome states require the report a set number of days before the meeting
Eligibility meetingTue Nov 17Day 56Evaluation done within 60 days of consentSome states count school days, not calendar days
IEP meetingTue Dec 821 days after eligibilityIEP developed within 30 days of the eligibility decisionSome states set a shorter window
Services beginMon Dec 14After the IEP is signedAs soon as possible after the IEP is developedSome states set a number of days

Day 60 for Leo falls on Saturday, Nov 21. The team held the meeting four days early. Federal rules count calendar days unless a rule says otherwise, so weekends and school breaks count.[3] The IEP due date calculator takes the date the school received consent and gives you day 60, or the day for any other timeline your state uses.

For the details on the clock, including what pauses it and what does not, see the 60-day evaluation timeline and state differences.

Step 1: The concern and the referral

Schools have a duty to find children who may have a disability and need services. This is called child find, and it applies whether or not a parent asks.[4] In practice, most referrals start with a teacher or a parent who notices that something is not working.

A referral from school staff often follows a period of extra help in general education. That help can provide useful data. It cannot be used as a reason to refuse or put off an evaluation when a disability is suspected. Federal guidance says a response to intervention process cannot be used to delay or deny an evaluation for a child suspected of having a disability.[5]

A parent can make the request directly. Put it in writing, date it, and send it to the principal or the district's special education office. A written request leaves a record of when the school received it. The sample evaluation request letter has a fill-in version and a completed example. Many schools first hold a student study team meeting, and can a school delay an evaluation for RTI explains why that step cannot hold up a request.

For Leo: His parent's letter named the concern (reading), gave two examples (he guesses at words from the first letter, and he cries before reading homework), and attached his last report card. That letter took ten minutes and gave the team a clear starting point.

Step 2: The school reviews the request

When a request comes in, the team looks at what it already knows. That review of existing data covers grades, classroom work, state and district test scores, intervention records, attendance, vision and hearing screenings, and anything the parent has shared.[6]

The school then decides whether to evaluate. Either way, it must send the parent prior written notice. That notice explains what the school proposes or refuses to do, why, and what data it used.[7] If the school agrees to evaluate, the notice usually comes with an assessment plan and a consent form.

A refusal is not the end. The notice must explain the parent's rights, including the procedural safeguards that list ways to disagree. Parents who get a refusal can ask the school to explain its data and can contact their state's Parent Training and Information Center for help.[15]

The school cannot test a child for special education without the parent's written informed consent.[8] Informed means the parent was told, in their own language, what will be tested, by whom, and why. Consent can be withdrawn before the testing happens.

Consent to evaluate is not consent to services. A parent who signs the evaluation form has not agreed to an IEP or a placement. Those come later, with their own consent.

Read the assessment plan before signing. It should list each area the team will look at and the role of each evaluator. Check that every concern you raised is there. If Leo's parent had also noticed trouble with his handwriting, and the plan only listed reading, the time to add fine motor skills is before signing, not after the report comes back.

The day the school receives the signed form is day 0. Keep a copy with the date written on it. For more on this step, see what an assessment plan is and consent for a special education evaluation.

Step 4: Testing in every area of suspected disability

The evaluation must look at the child in all areas related to the suspected disability. It must use a variety of tools and strategies, and it cannot rest on one test score.[9] Tests must be given in the child's native language or the form of communication most likely to give accurate results.

A full evaluation usually combines:

  • Standardized tests. These are norm-referenced tests that compare the child with others the same age. Results come as standard scores and percentiles.
  • Classroom data. Work samples, curriculum-based measures, intervention progress graphs and grades.
  • Observation. At least one look at the child in the setting where the problem shows up.
  • Parent input. Developmental history, health, and what the child does at home.
  • Teacher input. What the child does in class compared with classmates.
  • Specialist assessments where needed: speech and language, occupational therapy, vision, hearing, behavior or health.

For Leo: The school psychologist gave a cognitive test and a standardized achievement test. The special education teacher ran three oral reading fluency probes and a phonics inventory. The reading teacher shared eight weeks of intervention data. The school nurse confirmed his vision and hearing screenings were current. The psychologist observed him during the reading block and interviewed his parent by phone.

Psychoeducational evaluation tests describes the common measures, and evaluating English learners for special education covers testing a student who is still learning English.

Step 5: The evaluation report

Each evaluator writes up results, or the team writes one combined report. A good report states the reason for referral, every tool used, the scores, what the scores mean for this child in class, and recommendations.

The parent must receive a copy of the evaluation report and the eligibility documentation at no cost.[10] Ask for the report before the meeting. Some states require the school to share it a set number of days ahead; where yours does not, most teams will share it on request. Reading a report cold in the meeting, while the team talks, is hard for anyone.

Reports use terms like standard score, percentile and confidence interval. The guide on how to read a psychoeducational report walks through one report section by section, with real numbers.

Step 6: The eligibility meeting

A group of qualified professionals and the parent decide together whether the child is eligible.[10] The decision has two parts:

  1. Does the child have a disability that fits one of the IDEA categories?
  2. Because of that disability, does the child need specially designed instruction?

Both must be yes. A child with a diagnosis who is doing well with no special instruction may not qualify. A child who is struggling but has no disability under IDEA will not qualify either, and the team should consider other help. IDEA has 13 categories, and states may add developmental delay for young children.[11] The page on the 13 categories of special education explains each one in plain words.

The team cannot find a child eligible when the main reason for the problem is a lack of appropriate instruction in reading or math, or limited English proficiency.[10] That is why the team looks at the instruction the child has received and the data from it.

For Leo: His word reading and decoding scores fell well below what his other scores predicted. Eight weeks of small-group phonics produced little growth on his fluency probes. The team, including his parent, found him eligible under specific learning disability with a need for specially designed instruction in reading.

The eligibility meeting checklist and the guide to IEP eligibility criteria set out what the team has to decide.

Step 7: The IEP meeting

Once a child is found eligible, the team must hold a meeting to develop the IEP within 30 days.[12] Many teams write the IEP in the same meeting. Others schedule a second meeting so the parent has time to read the report first. Either is fine as long as the 30-day window is met.

The evaluation is the raw material for the IEP. Present levels should quote the evaluation data, and each goal should trace back to a need the report found. The present levels examples show how scores turn into a baseline, and parents can bring the list of questions to ask at the IEP meeting.

Who does what at each step

RoleReferral and reviewConsent and testingReport and eligibilityAfter eligibility
ParentShares concerns in writing, sends recordsSigns or declines consent, completes history formsReads the report, joins the decisionJoins the IEP meeting, gives consent for services
General education teacherShares work samples, grades, intervention dataCompletes rating scales, allows observationDescribes class performanceHelps write goals tied to class work
School psychologistReviews existing data, helps plan testingGives cognitive, achievement and behavior measuresWrites or combines the report, explains scoresConsults on goals and behavior plans
Special education teacherJoins the data reviewRuns academic probes and skill inventoriesExplains what the data mean for instructionDrafts goals and present levels
SLP, OT or other specialistFlags concerns in their areaAssesses speech, language, motor or sensory needsReports results and recommends servicesWrites goals and sets service minutes
Administrator or evaluation coordinatorSends notice and consent forms, tracks datesAssigns evaluators, watches the deadlineRepresents the district in the decisionCommits resources for services
School nurseChecks vision, hearing and health recordsShares screenings and health historyReports health factorsWrites health plans when needed

Titles vary. In some districts a case manager or special education coordinator handles the paperwork and deadlines. In others the psychologist does.

When the child is found not eligible

If the team decides the child does not qualify, the school sends prior written notice explaining the decision and the data behind it. Ask the team what help the child will get now. A child who does not qualify under IDEA may still qualify for a Section 504 plan, which covers accommodations for a disability that limits a major life activity.

A parent who disagrees with the evaluation can ask for an independent educational evaluation at public expense. The school must either pay for it or ask for a due process hearing to show its own evaluation was appropriate.[13] The school must consider the results of an independent evaluation the parent shares, but it does not have to adopt them.

The guide to what to do when a child is not eligible lists the next options in order.

Reevaluation after the first IEP

Eligibility is not permanent. The school must reevaluate at least once every 3 years, unless the parent and the school agree it is not needed. It also cannot reevaluate more than once a year unless both agree.[2] A reevaluation can also happen sooner when a parent or teacher asks, or when the child's needs change.

A reevaluation follows the same steps: review existing data, decide what new testing is needed, get consent, test, and meet. Sometimes the existing data are enough, and the team decides no new tests are needed. The parent can still ask for testing.

The reevaluation checklist and the guide to a review of existing evaluation data walk through both parts.

Rules that vary by state

Federal rules set the floor. States fill in the details. The ones families and staff run into most are:

  • The evaluation timeline. Some states use 60 calendar days, some use a different number, and some count school days.[1]
  • Response time to a referral. Federal rules do not set a number of days. Some states do.
  • What "complete" means. Some states require the eligibility meeting itself within the timeline. Others require only the testing.
  • Report sharing. Some states require the report a set number of days before the meeting.
  • Category names and criteria. States may rename categories, add developmental delay, or set their own criteria for specific learning disability.

The Center for Parent Information and Resources keeps a plain-language overview of these steps for families.[14] Your state's special education regulations and the procedural safeguards notice the school gives you are the place to check. Rules vary by state, and this page is general information, not legal advice.

Frequently asked questions

Who can ask for a special education evaluation?

A parent or the school can ask for an initial evaluation. A parent's request should be in writing, dated, and sent to the principal or the special education office, so there is a record of when the school received it.

How long does the IEP evaluation process take?

Under federal rules the evaluation must be done within 60 days of the school receiving the parent's written consent, unless the state sets its own timeline. If the child qualifies, the team has 30 more days to hold the IEP meeting.

Does signing consent for an evaluation mean my child will get an IEP?

No. Consent to evaluate only allows testing. The child gets an IEP only if the team finds a qualifying disability and a need for special education. Services need a separate consent.

What happens if the school says no to an evaluation?

The school must send prior written notice explaining why and listing the data it used. Parents can ask the team to explain the decision, use the options in the procedural safeguards, or contact their state Parent Training and Information Center.

Use it in IEP Atlas

Sources

  1. 34 CFR §300.301: Initial evaluations, Legal Information Institute, Cornell Law School
  2. 34 CFR §300.303: Reevaluations, Legal Information Institute, Cornell Law School
  3. 34 CFR Part 300: Assistance to States for the Education of Children with Disabilities, eCFR (National Archives)
  4. 34 CFR §300.111: Child find, U.S. Department of Education (IDEA website)
  5. OSEP Memo 11-07: Response to Intervention (RTI) (January 21, 2011), U.S. Department of Education, Office of Special Education Programs
  6. 34 CFR §300.305: Additional requirements for evaluations and reevaluations, U.S. Department of Education (IDEA website)
  7. 34 CFR §300.503: Prior notice by the public agency; content of notice, U.S. Department of Education (IDEA website)
  8. 34 CFR §300.300: Parental consent, U.S. Department of Education (IDEA website)
  9. 34 CFR §300.304: Evaluation procedures, U.S. Department of Education (IDEA website)
  10. 34 CFR §300.306: Determination of eligibility, U.S. Department of Education (IDEA website)
  11. 34 CFR §300.8: Child with a disability, Legal Information Institute, Cornell Law School
  12. 34 CFR §300.323: When IEPs must be in effect, U.S. Department of Education (IDEA website)
  13. 34 CFR §300.502: Independent educational evaluation, U.S. Department of Education (IDEA website)
  14. Evaluating School-Aged Children for Disability, CPIR
  15. 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.

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