Ch. 3: Referral/Request for Evaluation

Special Education Evaluation - Special Education Law

Taking the First Step toward Special Education

Who is this for?

This chapter is for parents who are considering asking for a formal evaluation of their child (testing to determine if the child has a disability) or who have received a request from the school to have their child evaluated.

Why is this important?

In order for a child to receive special education services, he or she must first be evaluated. A referral from the school or a request for formal evaluation from a parent sets into motion a host of legal obligations and procedures required by IDEA. It is important for parents to understand their rights and options during this process.

What can parents do?

An important first step is learning how to organize concerns by keeping detailed records and then sharing relevant information during formal communication with the school. Parents can also learn more about the common signs of learning disabilities.

IDEA Words and Terms to Know

Child find

Ongoing activities undertaken by states and local school districts to locate, identify, and evaluate all children residing in the state who are suspected of having disabilities so that a free appropriate public education (FAPE) can be made available to all eligible children, including all children in public and private schools, including religious schools.

Free Appropriate Public Education (FAPE)

Special education and related services that are provided at public expense, under public supervision and direction, and without charge to the parent, and that meet the standards of the state education department. Special education and related services must be provided in conformity with an Individualized Education Program (IEP) as required by IDEA.

Informed consent

Procedure to ensure that the parent:

Has been fully informed of all information related to the proposed activity (in his native language, or other mode of communication)
Understands and agrees in writing to carrying out the activity for which his consent is sought
Understands that giving consent is voluntary and may be revoked at any time
Understands that revoking consent will not apply to an activity that has already occurred

Informed consent is required for an evaluation, a re-evaluation and for the initial delivery of special education services.

In Chapter 1: Pre-referral Services you learned about a variety of possibilities to help address your child's learning problems before a referral is made for special education evaluation. Chapter 2: Response-to-Intervention introduced a process intended to improve both pre-referral services and determining individual student needs. This chapter describes the process of formally referring students for special education evaluation.

The first step in the special education process is the referral (or request) for an evaluation of a student.

[New] IDEA 2004 clearly establishes that either a child's parent or school district can initiate a request for an evaluation to determine if a student is a child with a disability and needs special education.

Making a request for a formal evaluation does not give the school district your permission to begin special education services. If the results of the evaluation indicate that your child needs special education, you and your school will develop an educational plan tailored to your child's specific needs. At that point, you must provide consent for any special education services to begin.

A referral for evaluation sets into motion a host of legal obligations and procedures that are complex — even daunting — for parents. Understanding special education procedures will enable you to act in the best interest of your child during each phase of the process.

No matter who requests the evaluation, it is conducted at no cost to the parents, and parents are an essential part of the process.

Private Evaluations at Private Expense
Parents can and often do choose to have their child evaluated privately, as opposed to asking the school to do an evaluation. If you choose to obtain a private evaluation, the school is not responsible for the cost of the evaluation. You can decide whether or not to share the results of a private evaluation with your child's school.

Requests by the Parent

If your child is experiencing academic problems at school, you may suspect your child has a disability such as a specific learning disability and needs additional help available only through special education programs and services.

Research has provided the basis for a reliable list of "warning signs" which may strongly suggest the presence of a learning disability. The signs will differ depending on the age of the child.

Use the Checklist of Signs and Symptoms to determine if your child is showing significant signs on an ongoing basis.

If you haven't already started keeping careful records about your child's educational experiences, now is the time. Information about your child's school experience, evaluation results, meetings with teachers, counselors, specialists, administrators and any decisions made regarding your child's education will be critical to your child's case and to making the decisions that will most benefit your child. It can be helpful to keep records in chronological order.

Review the Types of Records a Parent Should Keep to help you set up your records.

You can begin the process of special education evaluation at any time. However, it may be wise to do some homework before formally requesting an evaluation of your child.

Consider these pre-referral activities:

Talk to the Teacher

If you haven't already met with your child's teacher to discuss your concerns, consider this as a first step.

Learn about Special Education Services

Talk to your school's principal about the special education services available at your child's school. Inquire about the training and qualifications of special education teachers and the instructional approaches they use to work with students identified with learning disabilities so you know about the qualifications of the personnel in your school. Finally, ask about the evaluation and eligibility process in your school district and get any printed information available for parents.

Contact Your PTI

Get in touch with the Parent Training and Information Center (PTI) in your state. Each state has at least one PTI, supported by funding from the U.S. Department of Education. Your PTI can help you understand the particular "ins and outs" of special education in your state. Ask for any printed information that will help you understand the process.

Once you decide to make a formal request for evaluation, it is up to you to contact your school district and explain your concerns. Always make your request in writing, and clearly present the reasons for your concern.

In your written request, describe and be prepared to provide specific examples of the problems your child is having. Items such as work samples, handwriting samples, assessment records, etc. should be used to provide background and evidence of your concerns.

It may be helpful to organize your thoughts and concerns using the Worksheet for Organizing Your Concerns about School-Related Problems.

Use the Sample Letter Requesting Evaluation to create your letter to your child's school requesting an evaluation for special education.

When the school district gets your request, the district will need to decide whether or not to evaluate your child. They need to determine if your child shows evidence of a suspected disability and whether or not there is sufficient evidence to call for an evaluation.

You should receive a written confirmation of your request from the school district, along with a copy of your Procedural Safeguards, a document which describes your legal rights and protections under IDEA. The information required in the Procedural Safeguards notice is presented in Chapter 4: Procedural Safeguards.

Important note:
In many cases, schools and school districts will have "pre-referral intervention" processes they will want to use — or possibly are required to use — prior to formal special education evaluation. Some of these options were discussed in Chapter 1: Pre-referral Services and Chapter 2: Response-to-Intervention.

If the school determines that your child should be evaluated for potential special education eligibility, the district must request your informed consent, or permission, to proceed with the evaluation.

If the school decides that there is not enough evidence of a "suspected disability" and, therefore, denies your request for an evaluation, the school must provide you with a written notice of its decision. Known as Prior Written Notice, this notice must include:

A description of the action proposed or refused by the district
An explanation of why the district proposes or refuses to take the action and a description of all student information used as a basis for the decision
A statement that the parents have protection under the Procedural Safeguards (as described in Chapter 4: Procedural Safeguards)
Sources for parents to contact or to obtain assistance in understanding the various provisions of their rights under IDEA
A description of other options considered and the reason why those options were rejected
A description of the factors that impacted the district’s proposal or refusal

At that point, you may go forward with your right to challenge the district's decision. Options to resolve disputes between parents and schools under IDEA are covered in Chapter 11: Dispute Resolution Options.

A Word about Medication
[New] IDEA 2004 establishes a new requirement that each state must have a policy that prohibits school districts from requiring a child to be taking medication, such as those frequently prescribed for children with attentional disorders such as Attention-Deficit/Hyperactivity Disorder (AD/HD), as a condition of attending school, receiving an evaluation, or receiving services under IDEA. While AD/HD is not a learning disability, some students may have both AD/HD and LD.

Requests by the School District

As part of their responsibilities under IDEA, school districts are required to identify, locate and evaluate all children who may be in need of special education in their district. Activities related to this duty are called "Child find" under IDEA.

[New] This "Child find" obligation includes students who are homeless or are wards of the state (such as a foster child or a child in the custody of a public child welfare agency) and students attending private schools (see Chapter 9: Students in Private School), as clarified by IDEA 2004.

When a school district proposes to conduct an initial evaluation of a child to determine his or her eligibility for IDEA services, it must notify the parent in writing and request the parent's informed consent for the evaluation to proceed.

If the parent chooses to refuse to provide consent for the initial evaluation or does not respond to the request to provide consent for the initial evaluation of a child attending public school, the school district may pursue the initial evaluation by using the dispute resolution procedures described in Chapter 11: Dispute Resolution Options.

Table of Contents

Note: The IDEA Parent Guide was created to provide a basic understanding of the key requirements of the federal law under IDEA. The information presented here is not legal advice and should not be used as a legal resource.

Candace Cortiella is Director of The Advocacy Institute, a nonprofit focused on improving the lives of people with disabilities through public policy and other initiatives. The mother of a young adult with learning disabilities, she lives in the Washington, D.C., area.

Addtional Resources

RTI Action Network

Chapter 3: Referral/Request for Evaluation