Parent Rights Under IDEA: Asking for an Evaluation, in Plain Language

By Laura Lurns · Reviewed by Philip Weaver · Last reviewed 2026-09-29

What this page covers

These are United States federal rules. Families elsewhere should ask what their own country provides.

Every rule here was checked as current in September 2026. Rules can change, so check the date beside each one.

This page is about asking for an evaluation, and about who qualifies. It does not cover what goes in an IEP. It does not cover how a dispute is settled, step by step.

As of September 2026, asking for an evaluation gets you a written notice of your rights. As of September 2026, that notice covers outside evaluations, consent and how to complain, among other things. Read it. It covers more than this page does.

Can I ask the school to evaluate my child?

Yes. As of September 2026, US federal rules say a parent can ask for an evaluation. As of September 2026, the school can also ask for an evaluation. As of September 2026, you do not need the school's permission to start.

Put it in writing. Send it to the principal or the special education coordinator. Date it. Keep a copy. Ask for the school's own timeline in the same letter. A dated letter turns a talk in the hallway into a record.

As of September 2026, a US child who is passing can still be found and evaluated. As of September 2026, US states must have rules to find and evaluate children who may need special education. As of September 2026, that includes children in private schools. As of September 2026, it also includes children moving up a grade each year.

As of September 2026, the US school evaluation is free to your family. It is worth asking for. Our view is that it is better than its reputation.

Does it cost anything?

No. As of September 2026, the evaluation is free to your family under US federal rules. It does not matter what you earn. It does not matter whether your child qualifies.

As of September 2026, the school must also give you the report and the decision at no cost. For a family that uses it, the honest number is zero.

How long does it take?

As of September 2026, the federal baseline is 60 days. As of September 2026, the 60 days start when the school receives your written consent. They do not start on the day you ask.

As of September 2026, before the 60 days start, the school must still act within a reasonable time. That is why the date on your letter matters.

As of September 2026, your state may set its own timeframe. It may be longer, or counted in school days, or paused over the summer. Ask which rule applies where you live.

As of September 2026, the federal rule names two exceptions to the 60 days. One is a parent who keeps not bringing the child in. The other is a child who moves to a school in another district partway through. Being busy is not one of them.

Can the school say no?

Yes. As of September 2026, a US school can refuse to evaluate only in writing. As of September 2026, a US school that refuses to evaluate must give you written notice. As of September 2026, the notice must explain why, in words you can understand. As of September 2026, the notice must say what the school relied on.

As of September 2026, in the US, a spoken "let's give it more time" is not a lawful refusal. As of September 2026, a written refusal can be challenged. As of September 2026, you can file a state complaint, ask for mediation or ask for a hearing. As of September 2026, the rights notice the school must give you describes all three.

You may be told to wait while the school tries an intervention program first. You may hear it called RTI or MTSS. OSEP Memo 11-07, US policy guidance current in September 2026, says it may not delay an evaluation. This is policy guidance rather than regulation. It was reaffirmed for MTSS in 2015. The program and the evaluation can run at the same time.

What does the evaluation look at?

It is broad, not narrow. As of September 2026, the school must look at every area tied to the problem it suspects. That can include health, vision, hearing, feelings and friendships, general ability, schoolwork, language and movement.

As of September 2026, no single test may decide whether your child qualifies or what help they get. As of September 2026, the evaluation must also work out what your child needs. It is not only about whether they qualify.

Who decides, and how?

As of September 2026, a group decides. As of September 2026, the group is made up of qualified professionals and you, the parent. You are on it by rule, not as a courtesy.

As of September 2026, the federal test has two parts, and both must be true. The first is whether your child has one of the conditions the law names. The second is whether your child needs special education because of it.

So a child can have a doctor's diagnosis and still not qualify. A child can also qualify with no diagnosis at all. The federal rule stops there. Your state or district may still ask for medical information in some categories.

As of September 2026, dyslexia is not one of the named conditions. As of September 2026, the law names dyslexia inside one of those conditions, called specific learning disability. That is how the paperwork is organized. It is not a word about your child.

As of September 2026, that category leaves out problems caused mainly by a vision, hearing or motor disability. As of September 2026, that category also leaves out problems caused mainly by intellectual disability or emotional disturbance. As of September 2026, that category also leaves out problems caused mainly by environmental, cultural or economic disadvantage.

Some reasons are not about the child's ability. As of September 2026, these rule a child out when one is the deciding factor. One is a lack of appropriate teaching in reading or math. That rule asks whether the child was taught. It does not ask whether the child is able. Another is that the child is still learning English.

A child can have a real difficulty and still not qualify. If that happens, two doors are still open. If you disagree with the school's evaluation, as of September 2026 you can ask for an outside one. In the US, as of September 2026, the school pays unless it wins a hearing. In the US, as of September 2026, if the school wins, you keep the right, but you pay. The other door is Section 504. Both are below.

As of September 2026, only a formal evaluation can get a US child an IEP or 504 plan. If you suspect a vision, hearing or medical cause, get that checked too.

What I have seen counts

As of September 2026, US federal rules require the school to gather information from you, the parent. As of September 2026, the group must write it down and consider it carefully.

So write yours down before the meeting. Use dates and examples. Hand it in.

Testing sees what you cannot. You have seen what it cannot. Neither replaces the other, and neither is better than the other.

What if I disagree with the result?

As of September 2026, a parent who disagrees with the school's evaluation can ask for an outside one. This is called an independent educational evaluation at public expense. As of September 2026, the school must act without unnecessary delay. As of September 2026, the school must either pay for the outside evaluation or go to a hearing to defend its own. Know the other branch first. Suppose the school goes to a hearing and wins. As of September 2026, you then keep the right to an outside evaluation, but you pay for it.

As of September 2026, the school may ask why you disagree. As of September 2026, the school may not require you to explain why you disagree.

As of September 2026, a school paying for an outside evaluation may use only the criteria it uses for its own evaluations. As of September 2026, those criteria include the examiner's qualifications and where the evaluation happens. As of September 2026, the school may add no other conditions or timelines to an outside evaluation it pays for. As of September 2026, a parent who asks for an outside evaluation must be told the school's criteria for it. Ask for them in writing before you pick someone.

As of September 2026, you get only one outside evaluation at public expense per school evaluation you disagree with.

If you pay for your own. As of September 2026, the school must consider a private evaluation you share that meets the school's criteria. Considering is not agreeing. As of September 2026, a private report can also be used as evidence at a hearing.

Section 504: a second door

Section 504 is a separate US federal law. It asks a wider question than IDEA does. As of September 2026, it covers a child with an impairment that substantially limits a major life activity. As of September 2026, learning is named as one of those activities.

As of September 2026, 504 may still cover a child IDEA does not.

Some children need, or are believed to need, special education or related services. As of September 2026, a school must evaluate such a child before placing them under 504.

As of September 2026, 504 services are free to parents, apart from fees all families pay.

As of September 2026, the two US laws are not alternatives to choose between. As of September 2026, a school's duty under one law does not discharge its duty under the other. Ask about 504 by name, whichever way the first answer goes.