Consent for evaluation vs services vs reevaluation

By the IEP Atlas editorial teamLast updated November 1, 2026

Short answer

Parental consent in special education is three separate permissions. Consent for an initial evaluation lets the school test your child. Consent for services lets the school start the first IEP services. Consent for reevaluation lets it test again later. Saying yes to one never counts as yes to another, and what happens when you say no differs for each.

IDEA requires the school to get your informed, written consent before three different steps, and each one stands alone.^[1] Consent to an evaluation is not consent to services. Consent to services this year is not consent to a reevaluation in three years.

"Informed" has a meaning. The school must explain the step in your language, list the records it will use, and make clear that your consent is voluntary and that you can take it back.^[5] The informed consent glossary entry has the short definition. This page compares the three kinds. For the full list of parent rights, see the special education rights overview.

The deciding question

Ask: what is the school asking to do right now, and has it done this for my child before?

If the school wants to test your child for the first time, it is asking for consent for an initial evaluation.
If the team has found your child eligible and wants to start services for the first time, it is asking for consent for services.
If your child already has an IEP and the school wants to test again, it is asking for consent for a reevaluation.

The answer tells you which rules apply, including what happens if you refuse or do not answer.

Side-by-side table

	Initial evaluation	Initial services	Reevaluation
What you are agreeing to	Testing to see if your child has a disability and needs special education	The school starting special education and related services for the first time	New testing for a child who already has an IEP
Federal rule	34 CFR 300.300(a)^[1]	34 CFR 300.300(b)^[1]	34 CFR 300.300(c)^[1]
If you say no	The school may ask a hearing officer to allow the evaluation through mediation or due process, but it does not have to	The school may not use mediation or due process to override you; it cannot provide services	The school may ask for mediation or due process to allow it
If you do not answer	Same as saying no	Same as saying no	The school may go ahead if it can show it made reasonable efforts to reach you
Effect on FAPE if you refuse	Not addressed until an evaluation happens	The school is not seen as denying FAPE and does not have to write an IEP	The current IEP continues
Who decides in the end	You, unless a hearing officer orders the evaluation	You	You, or a hearing officer, or the school after no response
Where it is documented	Signed consent form, with prior written notice of the proposed evaluation	Signed consent form after the eligibility meeting	Signed consent form; reevaluation notice
Typical timing	Starts the evaluation clock, often 60 days or the state's timeline^[2]	After the first IEP is written	At least every 3 years, or sooner if needed^[3]

Two more points apply to all three. The school does not need consent to review existing data, or to give a test that every child takes unless consent is needed from all parents.^[1] And your consent can be taken back. The guide to revoking consent explains how that works for services.

How each one works

The school proposes testing after a referral from you or staff. You get prior written notice describing the tests and why. Once you sign, the timeline begins. Many states use 60 days; some use a different number or count school days.^[2] The evaluation timeline guide shows how that clock runs.

Signing does not mean your child will get an IEP. The team may find your child not eligible.

After the evaluation, the team meets to decide eligibility and writes the IEP. Before the first services begin, the school needs your written consent. The rule covers starting services in general; it is not a line-by-line approval of each goal.

If you refuse, the school cannot go to a hearing to force services. Your child is then treated as a general education student, including for discipline.^[4] The school must still offer what it offers every student.

A child with an IEP is reevaluated at least once every three years, unless you and the school agree it is not needed. A reevaluation can also happen sooner, but not more than once a year unless you and the school agree.^[3]

Some reevaluations involve no new tests. The team reviews existing data and decides that is enough. The triennial without testing guide covers that path.

Three scenarios

These examples are fictional.

A second grader is referred for reading

The teacher has data showing Leo reads 22 words correctly per minute in October, well below his classmates. The school sends a consent form for an initial evaluation. His father wants to wait until January.

Answer: This is consent for an initial evaluation. If he does not sign, nothing is tested. The school could ask for mediation or a hearing, but it is not required to and rarely does for a parent who is only asking to wait. The father can sign later, and the clock starts then.

A student is found eligible, and the parent says no to the IEP

Ava, age 9, qualifies under specific learning disability in math. Her mother declines all services because she plans to pay for private tutoring.

Answer: This is consent for initial services. The school may not override her refusal through due process. It does not have to hold more IEP meetings, and it is not in violation of FAPE for not serving Ava.^[1] Ava stays in general education. Her mother can ask for an evaluation again later.

A sixth grader is due for a three-year reevaluation

The school mails a reevaluation consent form for Sam in March and calls twice. Sam's parents do not respond. The school keeps a log of three calls, two letters and one email over five weeks.

Answer: This is consent for reevaluation. Because the school documented reasonable efforts and got no response, it may go ahead with the reevaluation.^[1] If the parents had written back "no," the school would need mediation or a hearing to proceed.

Where states differ

States follow the federal rule but often add detail. Some require consent before any change to an IEP, not only the first services. Some set shorter evaluation timelines. Some add consent rules for sharing records or inviting outside agencies to meetings. Your state's procedural safeguards notice spells this out, and the plain-language guide to the notice shows where to look.

If you are unsure what a form is asking for, ask the school to say in writing which kind of consent it is. For a dispute about your own child, an advocate or lawyer can explain how your state's rules apply.

Frequently asked questions

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

No. It only allows testing. The team then decides eligibility, and the school needs a separate written consent from you before any services begin.

Can I consent to some services and refuse others?

The federal consent rule is about starting services in general. If you disagree with a specific service, raise it at the IEP meeting and ask for prior written notice of the decision. Some states let parents consent to parts of an IEP, so check your state's rules.

Does the school need my consent to observe my child in class?

An observation that is part of an evaluation is covered by your consent for that evaluation. Routine observation of teaching that every student receives usually does not need consent, though district policies vary.

Use it in IEP Atlas

Sources

34 CFR §300.300: Parental consent, U.S. Department of Education (IDEA website)
34 CFR §300.301: Initial evaluations, Legal Information Institute, Cornell Law School
34 CFR §300.303: Reevaluations, Legal Information Institute, Cornell Law School
34 CFR §300.534: Protections for children not determined eligible for special education and related services, U.S. Department of Education (IDEA website)
34 CFR Part 300: Assistance to States for the Education of Children with Disabilities, eCFR (National Archives)
Parental Rights under IDEA, 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.