Federal law gives parents the right to request that their school district conduct an initial evaluation of their child for special education or related services. To do so, parents should submit their request in writing (email is sufficient) to their child’s teacher or school principal.
When should I request an initial evaluation?
The purpose of an evaluation is to determine whether a child has a disability (specifically, one covered under the Individuals with Disabilities Education Act). An initial evaluation is not conditioned upon a child being diagnosed with a disability: the law requires districts to evaluate children “who are suspected of [having] . . . a disability.” 34 C.F.R. § 300.111(c)(1) (emphasis added). This is true even if the child is “advancing from grade to grade.” Id.
Of course, and as discussed in a previous blog post, grades (particularly, surprisingly low grades) can be a sign that your child may have a disability that impairs their educational performance. But how does a parent or guardian know whether to suspect that their child has as a disability?
If any of the following circumstances apply, your child may have a disability that is impairing their educational performance:
- You do not believe that your child is developing (i.e. reaching developmental milestones) at a reasonable pace, especially when compared to their peers;
- Your child has not been progressing as much as you believe that they should be;
- It does not seem like your child is learning;
- Your child has trouble independently processing information;
- Your child has trouble concentrating in school;
- Your child consistently has difficulty completing homework on their own or without supervision;
- Your child suffers from memory loss, whether short- or long-term;
- Your child excels in reading but significantly struggles with math;
- Your child excels in math but significantly struggles with reading;
- Your child has difficulty with oral or written communication;
- Your child is dealing with the effects of trauma (whether physical or otherwise);
- Your child displays symptoms of a mental illness like anxiety or depression, which can present by your child crying, constantly worrying or having negative thoughts, quickly becoming angry, not eating, not sleeping, or expressing hopelessness; or
- Based on your experience with your child, your gut is telling you that something is “wrong” or “off” with your child or that your child isn’t acting like themselves.
That last bullet point warrants repeating. You know your child best. If you think that your child is not acting themselves, or is struggling, that is as good a reason as any to seek an evaluation.
Requesting an evaluation: do it in writing!
There is generally no specific form to complete to request an evaluation. And while you could make the request orally, it is much better to do so in writing (email is sufficient) to create a written record.
You should address your writing to your child’s school principal, teacher, or district special-education coordinator. Your request for an evaluation should include the following elements, making clear that you are requesting that your child be evaluated for special-education purposes and the basis for your request:
- The date of your request;
- Your child’s name and student ID number;
- Your relationship to your child;
- Your contact information;
- Your concerns about your child’s educational performance, including examples;
- Any information about any pertinent medical conditions or diagnoses;
- Any other information that you would like the school to consider in evaluating your child; and
- A request that the school respond to your request for an evaluation of your child, in writing, within 10 days.
The school’s response: agree to evaluate, or not.
A school has one of two options in responding to your request to evaluate your child for special education: either the school can agree to an evaluation, or it can reject the request. If the school rejects the request, it must provide you with a written explanation of why the school believes that an evaluation is not necessary, responding to the concerns that you raised.
There is one caveat. In agreeing to evaluate your child, the school might not agree with the precise disability (or disabilities) cited in your request. For instance, if you requested that your child be evaluated for attention hyperactivity deficit disorder (ADHD), the school may decline that request but agree to evaluate your child for another learning disability. As with a categorical refusal, the school would be required to explain in writing its reasoning for its decision.
If you are dissatisfied with the school’s response to your request for an evaluation, you can challenge your district’s decision by filing a due-process complaint. Doing so will force the district to defend its decision in front of a neutral hearing officer while giving you the chance to present evidence of why the district erred in refusing to evaluate your child.
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Having your child evaluated is often the first step in ensuring that your child’s education meets their needs. If you would like to discuss your child’s specific situation, please request a free consultation.
