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Special Education: Requesting an IEP eligibility evaluation

Updated 28 July 2017
…A parent or public agency may initiate a request for an initial evaluation to determine if a child [has] a disability.…
  1. An initial evaluation must be conducted to determine if a child is eligible for special education services when a [school] suspects or has reason to suspect that:
    1. The child has a disability that has an adverse impact on the child’s educational performance; and
    2. The child may need special education services as a result of the disability.
  2. The [school] must designate a team to determine whether an initial evaluation will be conducted.
    1. The team must include the parent and at least two professionals….
    2. The team may make this decision without a meeting. If a meeting is held, parents must be invited to participate….

[Schools must respond] promptly to requests initiated by a parent or public agency for an initial evaluation to determine [special education eligibility].

It can take a long time to get a Special Education evaluation for IEP eligibility from your school. In Oregon, schools have 60 school days to complete an evaluation after a parent consents. If a parent requests an evaluation, the parent has to wait for the school to decide to offer an evaluation, which the school might not offer right away. Once the school decides to offer an evaluation, the school schedules a meeting to obtain your consent. Then, the school has 60 school days to complete the evaluation. That’s quite likely well over 3 months.

An initial evaluation must be completed within 60 school days from written parent consent to the date of the meeting to consider eligibility.… An evaluation may be completed in more than 60 school days under the following circumstances…:

  1. The parents of a child repeatedly fail or refuse to produce the child for an evaluation, or for other circumstances outside the school district's control.
  2. The student is a transfer student in the process of evaluation and the district and the parents agree in writing to a different length of time to complete the evaluation…;
  3. The district and the parents agree in writing to extend the timeline for an evaluation to determine eligibility for specific learning disabilities ….

I encourage you to know your rights, which the Oregon Department of Education reviews in their Procedural Safeguards Notice. I recommend you make your request for an evaluation in writing with clear requests, your signature, and the date, so there are no misunderstandings that might delay the process (see example below).

[full name of parent]
[address of parent]

[date]

[name of school]
[address of school]

To whom it may concern,

I am [full name of your child]’s parent. My child has been struggling at school. [Provide detailed information about your concerns, using supporting evidence such as test scores, teacher communications, work samples, etc.]

I have been working with [name of your child’s teacher(s)], and [I have not seen any improvement or the problems have been getting worse], despite having tried the following things. [Describe any interventions that were tried, including response to intervention (RtI) and informal accommodations in the classroom]

Therefore, I am writing to formally request that my child be evaluated for special education services under the Child Find obligations of the Individuals with Disabilities Education Act (IDEA).

I look forward to working with you within the next [15 days] to develop an assessment plan to begin the evaluation process. Please ensure that I receive copies of assessment results [7 days] prior to any meeting. Thank you very much for your help.

Sincerely,

Signature of Parent

You can follow the typical paths from an evaluation to an Individualized Education Program (IEP) in the infographic below from Understood.org and titled IEP Roadmap: How to Seek Out Special Education Services for Your Child.


© Understood.org | unendorsed cropped infographic used by invitation to download and embed

The following table provides descriptions of disability categories of Special Education eligibility adapted from the Oregon Administrative Rules.

Oregon Disability Category Description
Communication Disorder speech and language disorders
Specific Learning Disability inadequate achievement for their age or grade in basic reading skills, reading fluency skills, reading comprehension, mathematics calculation, mathematics problem-solving, written expression, oral expression, or listening comprehension (when provided with appropriate instruction and that is not primarily the result of a visual impairment, hearing impairment, motor impairment, intellectual disability, emotional disturbance, cultural factors, environmental or economic disadvantage, or limited English proficiency) with a) insufficient progress in response to intervention or b) a pattern of strengths and weaknesses in classroom performance, academic achievement, or both, relative to age, grade, or intellectual development
Intellectual Disability intelligence test score at or below the 2nd percentile (i.e., 2 or more standard deviations below the mean); deficits in adaptive behavior; and developmental level or educational achievement that is significantly below age or grade norms
Other Health Impairment limited strength, vitality or alertness (including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment) that is due to a chronic or acute health problem (that is permanent or expected to last for more than 60 calendar days). Children with Attention-Deficit/Hyperactivity Disorder (ADHD) might qualify for Special Education under this category or for accommodations and modifications under Section 504.
Autism Spectrum Disorder developmental disability involving impairments in communication; impairments in social interaction; patterns of behavior, interests or activities that are restricted, repetitive, or stereotypic; and unusual responses to sensory experiences
Emotional Disturbance an inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems
Traumatic Brain Injury physical brain injury resulting in impairment in communication; behavior; cognition, memory, attention, abstract thinking, judgment, problem-solving, reasoning, and/or information processing; or sensory, perceptual, motor and/or physical abilities (that is permanent or expected to last for more than 60 calendar days)
Orthopedic Impairment motor impairment with deficits in the quality, speed or accuracy of movement documented by scores at or below the 2nd percentile (i.e., 2 or more standard deviations below the mean) in fine motor skills, gross motor skills, or self-help skills, or functional deficits in at least two of these three motor areas (that is permanent or expected to last for more than 60 calendar days)
Hearing Impairment hearing condition characterized by being hard of hearing or deaf
Vision Impairment residual visual acuity of 20/70 or less in the better eye with correction, visual field restricted to 20 degrees or less in the better eye, eye pathology or progressive eye disease expected to reduce residual acuity or visual field, or inadequate use of residual vision

Table is adapted from Oregon Administrative Rules, Chapter 581, Division 15 and is not intended to be a primary source of information.

You might find that you need to learn more about Special Education to advocate for your child. Nolo offers a couple books that can help you understand more, and WrightsLaw.com also provides information about Special Education. All of this information is certainly not a substitute for personalized advice from a knowledgeable lawyer. If you want or need the help of a trained professional, consult an attorney licensed to practice in your state.