Special Education Evaluation: Referral, Consent, Timeline and IEE

Estimated reading time: 17 minutes

A special education evaluation is the full and individual assessment IDEA requires before a student first receives special education, to decide whether the student has a disability and what special education and related services the student needs. It starts with child find or a referral, requires the parent’s written consent, follows a federal or state deadline and ends with an eligibility decision made with the parent. This guide covers child find, referral, consent, the evaluation timeline in several states, what the evaluation must include, eligibility, English learners, the independent educational evaluation and reevaluation. It describes the regulations, not legal advice: check your state’s rules and district counsel before decisions with legal consequences.

Executive Summary

In 2024-25, 8.2 million students ages 3 to 21 were served under IDEA, and every one of them qualified through an evaluation. The most common category, specific learning disability (31% of students served, according to the U.S. Department of Education’s Office of Special Education Programs, OSEP), is also the one with the most detailed federal evaluation rules (34 CFR 300.307 through 300.311).

The federal clock is 60 days from consent, but states may set their own: 35 school days from consent in Washington for the evaluation report (40 for the eligibility meeting), 45 school days in Texas, 65 business days from referral in Virginia. The steps before the clock deserve the same attention: a referral left in an intervention cycle, or a parent request with no written answer.

What Is a Special Education Evaluation?

A special education evaluation is the set of procedures used under 34 CFR 300.304 through 300.311 to determine whether a child has a disability and the nature and extent of the special education and related services the child needs (34 CFR 300.15).

The initial evaluation has two jobs: deciding eligibility and determining the student’s educational needs (34 CFR 300.301(c)(2)). A screening by a teacher or specialist to choose instructional strategies is not an evaluation for eligibility (34 CFR 300.302), so a universal screener neither starts nor replaces the process.

Child Find: The District’s Duty to Identify

States must ensure that all children with disabilities who need special education are “identified, located, and evaluated,” including children who are homeless, wards of the state or in private schools, “regardless of the severity of their disability” (34 CFR 300.111(a)). Child find also covers children suspected of having a disability “even though they are advancing from grade to grade,” and highly mobile children, including migrant children (34 CFR 300.111(c)). Passing grades are not a reason to wait.

RTI, MTSS and Special Education

RTI and MTSS are general education frameworks for all students, not special education, but IDEA lets data from an RTI process count when a team decides whether a student has a specific learning disability.

Is MTSS Special Education?

No. A multi-tier system of supports is defined in the Every Student Succeeds Act, the federal law for general K-12 education, as “a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students’ needs, with regular observation to facilitate data-based instructional decisionmaking” (20 U.S.C. 7801(33)). The IDEA regulations in 34 CFR Part 300 do not use the term. Tier 2 or Tier 3 support does not give a student an IEP; eligibility comes only from an evaluation and an eligibility decision (34 CFR 300.306). IDEA does let a district spend part of its IDEA funds on students in general education: coordinated early intervening services, for K-12 students not identified for special education “who need additional academic and behavioral support to succeed in a general education environment” (34 CFR 300.226(a); see Funding and Staffing below).

What Is RTI in Special Education?

Response to intervention (RTI) is, in OSEP’s words, a multi-tiered “schoolwide approach that addresses the needs of all students,” with research-based instruction in the general education setting, screening, progress monitoring and “multiple levels (tiers) of instruction that are progressively more intense, based on the student’s response to instruction” (OSEP Memo 11-07). It enters special education at one point, the identification of a specific learning disability. The group may find one if, among other conditions, the student does not make sufficient progress to meet age or state-approved grade-level standards “when using a process based on the child’s response to scientific, research-based intervention” (34 CFR 300.309(a)(2)(i)). It must also consider data showing that the student received appropriate instruction in regular education settings from qualified personnel, and repeated assessments of achievement at reasonable intervals, shared with the parents (300.309(b)). How RTI data are used depends on the state’s learning disability criteria, and RTI can never hold up an evaluation, as explained below.

The Special Education Referral Process

Either a parent or the district may request an initial evaluation (34 CFR 300.301(b)). The district must give prior written notice before it proposes or refuses to initiate an evaluation (34 CFR 300.503(a)); model wording for a refusal is in our prior written notice examples. Federal rules set no deadline for answering a request, but several states do:

• Texas: within 15 school days of a parent’s written request, the district provides the chance to consent or refuses with notice of procedural safeguards (Texas Education Code 29.004(c)).
• Florida: within 30 days of a parent’s request, unless both agree otherwise in writing, the district obtains consent or explains its refusal in writing (Rule 6A-6.0331(3)(c), F.A.C.).
• Washington: within 25 school days of a referral, the district decides whether to evaluate and gives prior written notice (WAC 392-172A-03005(2)(c)); amendments filed as WSR 26-21-034 shorten this to 20 school days from November 14, 2026.

Sample Parent Request for a Special Education Evaluation

This letter is an original example about a fictional student; adapt it, date it and keep a copy.

“Dear Ms. Ortiz, I am requesting a full and individual evaluation of my daughter, Ava, a third grader in Room 12, to determine whether she has a disability and needs special education. Ava reads well below her classmates, and her teacher reports little progress after twelve weeks of small-group reading support. Please send me the consent form and the procedural safeguards notice, and let me know when we can discuss the evaluation plan.”

MTSS and RTI Cannot Delay an Evaluation

OSEP’s Memo 11-07 (January 21, 2011), still posted without a rescission notice in October 2026, states that RTI strategies “cannot be used to delay or deny the provision of a full and individual evaluation” and that parents may request an initial evaluation at any time. The regulations agree:

• Prompt consent: when a student has not made adequate progress after an appropriate period of instruction, the district must promptly request consent to evaluate (34 CFR 300.309(c)).
• Parents informed: where RTI data are used for a suspected learning disability, the file must show the parents were told of their right to request an evaluation (34 CFR 300.311(a)(7)).
• Early intervening services must not delay appropriate evaluation (34 CFR 300.226(c)).

Parental Consent for Evaluation

Before an initial evaluation, the district gives prior written notice and the procedural safeguards notice, then obtains informed written consent (34 CFR 300.300(a)). Consent means the parent was fully informed in their native language or other mode of communication, agrees in writing, and understands that consent is voluntary and revocable (34 CFR 300.9).

• Consent to evaluate is not consent to services, which need their own consent (34 CFR 300.300(b)).
• Reasonable efforts are documented with records of calls, letters and visits (34 CFR 300.300(d)(5)).
• If a parent refuses, the district may, but need not, pursue the evaluation through mediation or due process, except for home-schooled or parentally placed private school students (34 CFR 300.300(a)(3) and (d)(4)).
• No consent is needed to review existing data (34 CFR 300.300(d)(1)).

Special Education Evaluation Timeline

The initial evaluation must be conducted within 60 days of receiving consent, or within the state’s timeframe (34 CFR 300.301(c)(1)). The clock does not apply if the parent repeatedly fails to produce the child, or if the child changes districts mid-evaluation and the parent and new district agree on a completion date (34 CFR 300.301(d) and (e)).

The IEP meeting follows within 30 days of eligibility (34 CFR 300.323(c)(1)): the ARD meeting in Texas, the committee on special education in New York. States report timeliness as Indicator 11; see our SPP/APR guide.

What a Special Education Evaluation Must Include

First, the IEP team and other qualified professionals review existing data, including parent information, current assessments and classroom observations, and decide what more is needed, with or without a meeting (34 CFR 300.305(a) and (b)). The district must then (34 CFR 300.304):

• Use a variety of tools and strategies, including information from the parent.
• Not use any single measure as the sole criterion.
• Use non-discriminatory, valid tools given by trained personnel in the child’s native language or other mode of communication, unless clearly not feasible.
• Assess all areas related to the suspected disability, comprehensively enough to identify all of the child’s needs, whether or not commonly linked to the category.

For a suspected learning disability, the student is also observed in the learning environment, including the regular classroom (34 CFR 300.310). Behavior that impedes learning is often examined through a functional behavior assessment. When social communication is a concern, the SLP may include a pragmatic language assessment.

Eligibility Determination

“A group of qualified professionals and the parent of the child” decides whether the child has a disability and what the child’s educational needs are, and the parent receives the evaluation report and eligibility documentation at no cost (34 CFR 300.306(a)). The group draws on a variety of sources, including tests, parent input, teacher recommendations and the child’s social or cultural background (34 CFR 300.306(c)).

• Two exclusions: a child is not eligible if the determinant factor is lack of appropriate instruction in reading or math, or limited English proficiency (34 CFR 300.306(b)).
• Learning disabilities follow state criteria, which may not require a severe discrepancy between ability and achievement and must permit a process based on response to intervention (34 CFR 300.307).

The Disability Categories

IDEA lists 13 disability categories in 34 CFR 300.8, and states may add developmental delay for ages three through nine. Each category, with its national share, is explained in our IEP meeting guide.

Evaluating English Learners

An English learner can have a disability, and child find applies in full. The evaluation is given in the child’s native language or other mode of communication, in the form most likely to yield accurate information, unless clearly not feasible (34 CFR 300.304(c)(1)(ii)), and limited English proficiency cannot be the determinant factor (34 CFR 300.306(b)). For a learning disability, the group must rule it out as the primary cause (34 CFR 300.309(a)(3)). See our page on dually identified students.

The Independent Educational Evaluation (IEE)

An IEE is conducted by a qualified examiner not employed by the district. A parent who disagrees with the district’s evaluation may request one at public expense (34 CFR 300.502; see our independent educational evaluation guide).

The district must then, without unnecessary delay, either pay for the IEE or file for a due process hearing to show its own evaluation is appropriate. It may ask why the parent disagrees but may not require an explanation, and it must consider any IEE that meets its criteria. Cost limits, examiner criteria and state timelines are covered in the IEE guide.

Reevaluation

A reevaluation happens when needs warrant it or a parent or teacher requests it, not more than once a year unless both agree, and at least every three years unless the parent and district agree it is unnecessary (34 CFR 300.303).

• Consent is required unless the district made reasonable efforts and the parent did not respond (34 CFR 300.300(c)).
• If no new data are needed, the team tells the parents why and that they may still request an assessment (34 CFR 300.305(d)).
• Before exiting, a reevaluation is required, except at graduation with a regular diploma or aging out (34 CFR 300.305(e)).

Funding and Staffing

Evaluations are part of the district’s IDEA obligations, funded by Part B with state and local funds. Up to 15% of Part B may fund coordinated early intervening services, including educational and behavioral evaluations for students not yet identified, but those services must not delay an evaluation (34 CFR 300.226). Staff are the tighter limit: 45 states reported special education teacher shortages in 2024-25 (Learning Policy Institute, 2026).

Common Mistakes District Leaders Make

1. Answering a request verbally. A refusal without prior written notice leaves the parent without reasons.
2. Waiting for the intervention cycle to end. RTI cannot delay or deny an evaluation.
3. Dismissing students who pass. Child find covers students advancing from grade to grade.
4. Testing only the referral area, or letting one score decide.
5. Testing an English learner in the wrong language, or without ruling out language as the cause.
6. Stalling an IEE request. The district must pay or file for a hearing without unnecessary delay.

Questions District Leaders Should Ask

• What share of our initial evaluations met the federal or state deadline last year, by campus?
• How long does a parent request wait for consent or a written refusal?
• Which evaluations of English learners used native-language tools or interpreters?
• How many IEE requests did we receive, and how did we respond?

Frequently Asked Questions

What does a special education evaluation look like?

After the parent consents, the team reviews existing records, then gathers new information in each area of suspected disability: tests, classroom observation, interviews, rating scales completed by teachers and parents, and work samples. Different specialists assess different areas. The results go into a report, and the parent and a group of qualified professionals meet to decide eligibility and the student’s needs.

What are the different types of assessments used in special education?

IDEA requires the student to be assessed in all areas related to the suspected disability, which can include health, vision, hearing, social and emotional status, general intelligence, academic performance, communication and motor abilities. Tools range from standardized tests to observations, interviews and rating scales. No single measure may decide eligibility, and assessments must be valid for their purpose and given in the child’s language.

Can a school refuse to evaluate for special education?

Yes, but not silently. If the district refuses a request, it must give prior written notice explaining what it refused, why, the data it used and the options it rejected (34 CFR 300.503). Some states also set a deadline for answering, and child find duties still apply. A parent who disagrees can use mediation or a due process complaint.

What are the disability categories under IDEA?

IDEA lists 13: autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment including blindness (34 CFR 300.8). States may also use developmental delay for ages three through nine. The student must need special education because of the disability.

What is orthopedic impairment?

Under IDEA, it is “a severe orthopedic impairment that adversely affects a child’s educational performance.” It includes impairments caused by a congenital anomaly, by disease, such as bone tuberculosis, and by other causes, such as cerebral palsy, amputations, and fractures or burns that cause contractures (34 CFR 300.8(c)(8)). As with every category, the child must also need special education.

Can AI help an evaluation team write its report?

An AI tool can help a team draft a plain-language summary of a section or a glossary of test terms for families, which the evaluator then checks line by line. Scores, names and other identifiable data should not go into any tool the district has not approved for student records, and interpretation stays with qualified evaluators. See the ChatGPT for teachers guide.

Related Resources

• IEP Meeting Guide
• Dually Identified Students
• Prior Written Notice Examples
• SPP/APR
• Questions to Ask in an IEP Meeting
• PLAAFP Examples

Conclusion

A special education evaluation applies a short list of federal rules under real deadlines: find the child, answer the request in writing, obtain consent, assess every area of suspected disability with more than one measure, and decide eligibility with the parent at the table. Track each step, and treat a parent’s disagreement as a reason to look again.

Sources: 34 CFR 300.304, Evaluation procedures; 34 CFR 300.306, Determination of eligibility; 34 CFR 300.502, Independent educational evaluation; OSEP Memo 11-07, A Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under IDEA (Jan. 21, 2011); Texas Education Code, Chapter 29; Florida Rule 6A-6.0331, F.A.C. (effective Sept. 23, 2025); NYSED, 8 NYCRR 200.4; WAC 392-172A-03005, Referral and timelines for initial evaluations; 8VAC20-81-60, Referral for initial evaluation; U.S. Department of Education, OSEP, 2024-25 Static Tables (Part B Child Count & Educational Environments); Florida Department of Education, Indicator 11: Child Find. Other sections of 34 CFR Part 300 are linked where they are cited.

Join the 2027 Special Education Pilot

An evaluation tells a team what a student needs; progress then depends on how many repetitions of practice the student gets after the IEP is written, and adult 1-on-1 time is limited in every building. Telo AI is being adapted for students with IEPs: patient, 1-on-1 practice aligned to each student’s IEP goals. We are inviting districts to shape it with us in a 2027 pilot.

Apply to pilot Telo AI in your Special Education program