A school has an affirmative duty to make a referral for an initial evaluation for special education services any time it suspects that a child has a disability and a need for special education services under the Individuals with Disabilities Education Act (IDEA). You may also initiate a referral for an initial evaluation of your child at any time.

If you make a written request to a local educational agency’s director of special education services or to a district administrative employee for an initial evaluation for special education services, the school must, no later than the 15th school day after the date the school receives the request, give you either: 1) prior written notice of its proposal to conduct an evaluation, a copy of the Notice of Procedural Safeguards, and the opportunity to give written consent for the evaluation; or 2) prior written notice of its refusal to evaluate your child and a copy of the Notice of Procedural Safeguards.

Please note that a request for a special education evaluation may be made verbally and does not need to be in writing. Districts and charter schools must still comply with all federal notice requirements and requirements for identifying, locating, and evaluating children who are suspected of being a child with a disability and in need of special education. However, a verbal request does not require the district or charter school to respond within the 15-school-day timeline.