Evaluation Rights
Your right to request a special education evaluation for your child, including timelines, assessment plans, and what to do if the school says no.
Page Information
Jurisdiction: Federal IDEA + California special education law
Reviewed: Pending expert review
This page is informational but is still being reviewed by a special education expert. Some details may change.
Evaluation Rights
Your Right to Request an Evaluation
If you think your child might need extra help at school, you have the right to ask the school to evaluate them — and the school has to respond. You don't need a doctor's referral. You don't need the teacher's permission. You can request an evaluation in writing at any time, and the school must give you an within 15 calendar days.
An evaluation (sometimes called an assessment) is the process the school uses to figure out whether your child qualifies for special education services. It looks at how your child learns, what they struggle with, and what kind of support they need. The evaluation is free to you — the school pays for it.
Here's what you need to know about the timeline:
- 15 calendar days: After you submit a written request, the school must give you a proposed . This is a document that explains what areas they plan to test. School vacations longer than five days don't count toward this deadline.
- 60 calendar days: After you sign and return the assessment plan, the school must complete the evaluation and hold an meeting within 60 calendar days.
These timelines are set by California law, and the school must follow them. If the school misses a deadline, they are out of compliance — and you can hold them to it.
The School's Obligation to Find Your Child
You should also know about a federal requirement called . Under this law, schools must actively look for children who may have disabilities and need special education — even if the parent hasn't asked. This means if a teacher or other school staff member suspects your child might have a disability, the school should be taking steps to evaluate, not waiting for you to figure it out on your own.
Tip
You do not have to wait for the school to suggest an evaluation. If you have concerns about your child's learning, behavior, or development, you have the right to request an evaluation yourself — in writing — at any time during the school year.
What the Assessment Plan Should Include
When the school sends you the assessment plan, read it carefully. It should describe:
- What areas will be tested — such as reading, math, speech and language, behavior, or motor skills
- Who will do the testing — for example, a , speech therapist, or special education teacher
- What tests or tools will be used — the school must use more than one test, and the tests must be given in your child's primary language
You have the right to agree to the plan, ask for changes, or add areas you want tested. If you think the school left something out — for example, they plan to test reading but not attention — you can write back and ask them to add it. The school should consider your request.
Tip
Before you sign the assessment plan, make sure it covers all of your concerns. Once you sign, the 60-day clock starts. If you want changes, ask before you sign.
Your Rights During the Evaluation
The evaluation process comes with important protections for you and your child:
- Informed consent: The school cannot begin testing without your written permission. You must understand what they plan to do before you agree.
- No single test decides: The school cannot use one test score to determine whether your child qualifies. They must look at the full picture.
- Native language: Tests must be given in your child's primary language whenever possible.
- All areas of suspected disability: The evaluation must cover every area where your child might have a disability — not just the areas the school chooses.
- No cost to you: The school pays for the entire evaluation.
If the evaluation results show that your child qualifies for special education, the school must develop an — a written plan that describes the services and supports your child will receive.
If the school determines your child does not qualify, you have the right to disagree. You can request an at the school's expense, or you can pursue dispute resolution options.
What To Do Next
- Put your request in writing. Send a letter or email to the school principal or special education department. Be specific about your concerns. Keep a copy for your records.
- Track the date. Write down the date you submitted your request. The school has 15 calendar days to send you an assessment plan.
- Review the assessment plan carefully. Make sure it covers all areas of concern. If something is missing, ask the school to add it before you sign.
- Sign and return the plan. Once you're satisfied, sign and return the assessment plan. The 60-day timeline for completing the evaluation starts when the school receives your signed consent.
- Attend the IEP meeting. After the evaluation is complete, the school will invite you to an IEP meeting to review the results and determine eligibility.
Sample Letter: Requesting a Special Education Evaluation
Dear [Principal's Name or Special Education Director],
I am writing to formally request that [School Name] evaluate my child, [Child's Name], for special education services. [Child's Name] is currently in [grade] in [Teacher's Name]'s class.
I am concerned about [describe your specific concerns — for example: "my child's difficulty reading at grade level," "trouble staying focused and completing assignments," "challenges with writing and spelling," or "struggles with social interactions and behavior at school"].
I understand that under California Education Code Section 56321(a), the school district must provide me with a proposed assessment plan within 15 calendar days of receiving this request. I am requesting that the assessment plan include evaluation in the following areas: [list areas of concern, such as: academic achievement, cognitive ability, speech and language, social-emotional functioning, attention and executive functioning, etc.].
Please send the assessment plan to me at the address below. I look forward to working together to support [Child's Name].
Sincerely, [Your Name] [Your Address] [Your Email] [Your Phone Number] [Today's Date]
If the School Says No
If you request an evaluation and the school declines, they must give you a — a written document explaining why they are refusing and what information they used to make that decision. They cannot simply say no verbally and leave it at that.
If this happens, you have options:
- Request the refusal in writing if you haven't received a formal Prior Written Notice
- File a compliance complaint with the California Department of Education ()
- Request mediation or through the Office of Administrative Hearings ()
- Request an Independent Educational Evaluation at the district's expense
Tip
Don't let a verbal "no" stop you. If the school refuses your evaluation request, ask for it in writing. A school that won't put its refusal in writing knows it may not have a strong legal basis for saying no.
When to get one-on-one help from an advocate or attorney
Consider contacting an advocate or attorney if any of these apply:
- The district fails to respond to your assessment request within 15 days, misses the 60-day assessment deadline, or repeatedly refuses requests you've made in writing.
- Your child is losing instruction time, being disciplined frequently, or showing significant regression.
- The district wants to move your child to a different school or classroom against your wishes, or you are preparing for mediation or due process.