Requesting an Evaluation for Special Education or IEP: What Parents Need to Know About Legal Timelines, Qualifications, and Educational Need

If you're a parent or caregiver wondering how to get help for your child who is struggling in school, you are not alone—and you have legal rights. The first step in the special education process is requesting an evaluation if your child is not already receiving services through early intervention ( in KY First Steps.) But how do you ask for one? What qualifies a child for special education under IDEA (Individuals with Disabilities Education Act)? And what’s the difference between a medical diagnosis and an educational need?

In this post, we’ll walk you through how to formally request an evaluation, what to expect from the legal timeline, how eligibility is determined, and why a diagnosis doesn’t always mean your child will qualify for an IEP.

How to Request an Evaluation

Under IDEA, you have the legal right to request a full and individual evaluation to determine whether your child qualifies for special education services. This request must be made in writing and should be addressed to your child’s school principal or special education director.

Tip: Use a formal tone and date your request. Include your child’s name, school, grade, areas of concern, and explicitly state that you are requesting an evaluation for special education under IDEA.

Legal Timelines: What Happens After You Request

Once the school receives your written request, they have specific deadlines they must follow:

• 15 school days (KY-specific) to respond with either:

  • Consent to evaluate

  • Or a prior written notice explaining why they are refusing

• After receiving your consent, the school has 60 calendar days (federal guideline, some states vary) to complete the evaluation.

• Once the evaluation is completed, a team meeting (ARC/IEP) must be scheduled to determine eligibility and next steps.

Note: These timelines are legally binding unless you and the school agree to extend them.

Medical Diagnosis vs. Educational Impact

Many families believe that a medical diagnosis—like ADHD, autism, or anxiety—automatically qualifies a student for an IEP. But that’s not always the case.

A medical diagnosis can support your request, but eligibility for an IEP under IDEA depends on educational impact. The school must determine that the disability adversely affects the child’s educational performance and that they need specialized instruction.

For example:

• A child with ADHD may do well academically but struggle behaviorally—this may qualify under Other Health Impairment (OHI) if it impacts classroom performance.

• A child with dyslexia and strong verbal skills might still struggle significantly with reading—qualifying under Specific Learning Disability (SLD).

  
  

  Qualifying Disabilities Under IDEA

  IDEA outlines 13 categories of disability under which a child may qualify for an IEP:

  1. Autism

  2. Deaf-Blindness

  3. Deafness

  4. Developmental Delay (up to age 9 in KY)

  5. Emotional Disturbance

  6. Hearing Impairment

  7. Intellectual Disability

  8. Multiple Disabilities

  9. Orthopedic Impairment

  10. Other Health Impairment (includes ADHD, epilepsy, etc.)

  11. Specific Learning Disability (dyslexia, dysgraphia, etc.)

  12. Speech or Language Impairment

  13. Traumatic Brain Injury

  14. Visual Impairment (including blindness)

  Important: The evaluation team will consider both data and professional input to determine which (if any) category applies—and whether the child needs special education to succeed.

  
  

  What Happens Next?

  After the evaluation:

  • The ARC/IEP meeting will be held to go over the results.

  • If your child qualifies, an IEP (Individualized Education Program) will be developed.

  • If your child does not qualify, they may still be eligible for Section 504 accommodations.

  
  

  Final Thoughts: Be Proactive and Informed

  The evaluation process can feel intimidating, but knowledge is power. Knowing your rights, understanding the process, and being prepared to advocate will help ensure your child gets the support they need.

  
  

  Still have questions? Sign up for my free mini-module: "Your Role in the IEP Process" to feel more confident at your next ARC/IEP meeting.

  Or schedule a free consultation with M. Patton Special Education Advocacy and Consulting.

  Mary Beth

KY Dept. Ed

I have included the link to KY Department of Education/ Evaluation and Eligibility.