Here is how to get an IEP for your child: ask your public school in writing for an evaluation, give your consent, and take part in the eligibility decision. If your child qualifies, the school must hold the IEP meeting within 30 days of that decision. If the school says no, it must explain why in writing, and you still have options.
Key takeaways
- A parent may ask for an initial evaluation (34 CFR 300.301). Put it in writing, date it and keep a copy.
- The school needs your written consent before it evaluates. That consent is not consent for services.
- Federal law sets 60 days from your consent to conduct the evaluation, unless your state sets its own timeline.
- To qualify, your child needs one of IDEA's disability categories and a need for special education because of it. A diagnosis alone is not enough.
- If the school refuses, it must explain why in writing, and you have next steps.
How to get an IEP for your child: the 6 steps
An IEP (Individualized Education Program) is the written plan for special education services under the Individuals with Disabilities Education Act (IDEA). If you are searching for the IEP evaluation timeline, the last column of this table has it.
| Step | What happens | Federal timing |
|---|---|---|
| 1 | You write down concerns and gather records | No deadline. Do this before you write. |
| 2 | You request an evaluation in writing | The school gives written notice a reasonable time before it agrees or refuses. Many states set exact days. |
| 3 | The school sends notice and you give written consent | The evaluation clock starts when the school receives your consent. |
| 4 | The school evaluates your child | Within 60 days of consent, or your state's timeline. |
| 5 | The team decides eligibility | After the evaluation. Your state may set the days. |
| 6 | The IEP meeting is held and services begin | Meeting within 30 days of the decision. Services start as soon as possible after. |
Step 1: Write down your concerns and gather records
Note what you see at home and what teachers say, with dates and examples, such as "reads below grade level." Collect report cards, test scores, teacher emails, discipline notices and any doctor, therapist or earlier evaluation reports. The school must review existing information, including what you provide, when it plans the evaluation (34 CFR 300.305).
Step 2: Request an evaluation in writing
Public schools have a duty called Child Find. They must identify, locate and evaluate children who may have a disability, even if the child is moving up from grade to grade (34 CFR 300.111). A parent may ask for an initial evaluation at any time. Send a dated letter or email to the principal and the district's special education director, and ask them to confirm receipt. Some states, including Texas, tie deadlines to written requests. The full IEP evaluation request letter template has more detail, and a short example is below.
Step 3: Read the school's notice and give informed consent
The school must give you prior written notice a reasonable time before it agrees to evaluate or refuses to (34 CFR 300.503), along with a copy of your procedural safeguards (34 CFR 300.504). Before testing begins, it must get your informed written consent (34 CFR 300.300). Read the form, ask which areas and tests the school plans to use, then sign and date it. The evaluation clock starts when the school receives it.
Step 4: The evaluation
The school must do a full and individual evaluation that uses a variety of tools, includes information from you, and does not rely on a single test (34 CFR 300.304). Under federal law, it must be conducted within 60 days of receiving your consent, or within your state's timeline if it has one. There are narrow exceptions, such as a child who moves districts mid-evaluation (34 CFR 300.301).
Texas is one state with its own timeline. Per Texas Education Agency guidance, the school completes the evaluation within 45 school days of written consent, with extra days if the student is absent three or more days. Your state's numbers may differ, so ask the school for the dates in writing.
Step 5: The eligibility meeting
A group of qualified professionals and you decide whether your child is a "child with a disability" (34 CFR 300.306). Does your child have one of the 13 disability categories defined in 34 CFR 300.8(c), such as autism, specific learning disability, speech or language impairment, or other health impairment? And does your child need special education and related services because of it? Both must be true. Ask for the evaluation report and eligibility paperwork. The school must give you both at no cost. In Texas, this is the ARD meeting, generally held within 30 calendar days of the written report.
Step 6: The IEP meeting
If your child is eligible, the school must hold a meeting to develop the IEP within 30 days of that decision. Services must be made available as soon as possible after the IEP is developed (34 CFR 300.323). You are an IEP team member, and the meeting must be scheduled at a time and place that work for both sides (34 CFR 300.322). The school needs your consent before it starts services for the first time. Our guide to how to prepare for an IEP meeting can help.
Can you get an IEP for ADHD?
Sometimes. IDEA names ADHD as an example of a health problem under the "other health impairment" category (34 CFR 300.8). The ADHD must also affect your child's educational performance, and your child must need special education. A diagnosis alone does not decide eligibility. Some children with ADHD get a 504 plan instead. See IEP vs 504 plans.
What to do if the school says no
A refusal is not the end of the road.
1. Ask for the refusal in writing and read it closely
Prior written notice must describe what the school refused, explain why, list each evaluation, record or report it relied on, and name sources where parents can get help (34 CFR 300.503). Compare its reasons with your list of concerns.
2. Send new information or ask again
If you have new records, such as a private evaluation or teacher notes, send them and ask the school to reconsider. You can also make a new written request when your child's needs change.
3. If the school evaluated and you disagree
You may request an independent educational evaluation (IEE) at public expense. The school must, without unnecessary delay, either pay for it or file for a due process hearing to defend its own evaluation. You can get one IEE at public expense each time you disagree with a school evaluation (34 CFR 300.502). If the school refused to evaluate at all, you may still pay for a private evaluation and share it. The school must consider it if it meets the school's criteria.
4. Ask about a 504 plan
A child who does not qualify for an IEP may still have protections under Section 504 of the Rehabilitation Act. Ask the school whether a 504 evaluation makes sense, and see IEP vs 504 for the differences.
5. Know the formal options
- Mediation: a voluntary meeting with a neutral mediator, paid for by your state (34 CFR 300.506).
- State complaint: a signed written complaint to your state education agency about a violation within the last year (34 CFR 300.153).
- Due process complaint: a formal request for a hearing about evaluation, placement or services. It generally covers events within two years of when you knew or should have known about them, unless your state sets another limit (34 CFR 300.507).
Your procedural safeguards notice explains each one. If you ask, or if you file for due process, the school must tell you about free or low-cost legal and other services in your area.
6. Get help from a parent center or advocate
Parent Training and Information Centers work with families of children with disabilities, and you can find the center for your state. An advocate knows the special education process and can help you prepare. You may also bring a person with knowledge or special expertise about your child to IEP team meetings (34 CFR 300.321). If you hire anyone, ask about their training and experience first.
Example: a short evaluation request
Example only. Replace everything in brackets and keep a copy.
Dear [Principal's name] and [Director of Special Education]: I am the parent of [Child's name], a student in grade [grade] at [School name]. I am requesting a full and individual initial evaluation to find out whether [Child's name] is eligible for special education and related services. My concerns are [two or three specific concerns with examples], and I have attached [records]. Please send me written notice of your decision, the consent form and the procedural safeguards notice, and confirm the date you received this request. Thank you, [Your name], [Phone], [Email], [Date].
For the full version, see the free evaluation request letter template.
Frequently asked questions
How long does it take to get an IEP?
Federal law sets two main clocks: 60 days from your consent to conduct the evaluation, and 30 days from the eligibility decision to hold the IEP meeting. States can set their own evaluation timeline, so ask the school for your dates in writing.
Do I need a doctor's diagnosis to get an IEP?
No. You can ask the school to evaluate your child without a diagnosis. The school's evaluation decides eligibility, and medical reports are one source of information.
Can my child get an IEP for ADHD?
Possibly. ADHD can fall under the "other health impairment" category if it affects your child's educational performance and your child needs special education. If not, a 504 plan may be an option.
What if the school says no to an evaluation?
The school must give you written notice that explains why. You can send new information, ask about a 504 plan, or use mediation, a state complaint or due process, and a parent center can help.
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This article is general information, not legal advice. Rules can vary by state and district.
