An IEP is a legally binding document developed for eligible students with disabilities under IDEA, covering goals, services, accommodations, modifications, and placement. You can request an evaluation in writing at any time without a diagnosis first, and the school has 60 days to complete it after receiving your written consent. Parents have real legal rights throughout, including bringing an advocate to meetings and disputing decisions when the school says no.
What Is an IEP?
An Individualized Education Program (IEP) is a legally binding document developed for eligible students with disabilities in the United States under the Individuals with Disabilities Education Act (IDEA). It outlines current performance levels, annual goals, services to be provided, accommodations, modifications, and placement. Every aspect of the IEP is negotiated between parents and the school team, and parents have real legal rights throughout.
Your Legal Rights Under IDEA
How to Request an Evaluation
Write a letter to your school principal and special education director. Keep a copy. Send it via certified mail or email with read receipt. Your letter should state: the date, your child's name, that you are requesting a comprehensive evaluation for special education eligibility, and that you are requesting it under IDEA. You do not need to use legal language. You do not need a reason beyond your concern.
Accommodations to Request
This is not exhaustive. Accommodations should be tailored to your child's specific needs, not selected from a generic list. Use this as a starting point for discussion.
When School Says No
Schools are required to provide prior written notice when they refuse a parental request. If you disagree with the school's decision, you have options:
Frequently Asked Questions
What is an IEP?
An Individualized Education Program (IEP) is a legally binding document developed for eligible students with disabilities in the United States under the Individuals with Disabilities Education Act (IDEA). It outlines current performance levels, annual goals, services to be provided, accommodations, modifications, and placement. Every aspect is negotiated between parents and the school team, and parents have real legal rights throughout.
Do I need a diagnosis before requesting an evaluation?
No. You have the right to request an evaluation at any time in writing, and you do not need a diagnosis first. Write to your school principal and special education director, keep a copy, and send it by certified mail or email with a read receipt.
How long does the school have to complete an evaluation?
The school has 60 days to complete the evaluation after receiving your written consent. You do not need to use legal language to request it, and you do not need a reason beyond your concern.
Can I bring someone with me to an IEP meeting?
Yes. You have the right to bring an advocate or attorney to IEP meetings. You must be invited to all IEP meetings, and you have the right to request a meeting at any time.
Can I disagree with the school's evaluation?
Yes. You can request an independent educational evaluation (IEE) at public expense if you disagree with the school's evaluation. You must also receive prior written notice before the school proposes to change or refuse to change your child's educational program.
What can I do if the school refuses my request?
Schools must provide prior written notice when they refuse a parental request. If you disagree, your options include informal resolution with the special education director, mediation (a neutral third party, free in most states and non-binding), a state complaint for procedural violations (which must be filed within one year), and a due process hearing before an impartial hearing officer. Each level escalates time, cost, and formality.
We are not doctors. We are advocates. Nothing on this site constitutes medical advice. Always consult a qualified healthcare provider about diagnosis, treatment, or any decision regarding your health or your child's health.