IEP Basics ยท Getting Started
How to Get an IEP for Your Child: From First Concern to Services in Place
Getting an IEP starts with a written request, but most parents don’t know that, or they spend months waiting for the school to act first. Here’s the complete path from recognizing a concern to having a legally binding IEP in place.
Start With a Written Request, Don’t Wait for the School
The most important thing to know: you don’t have to wait for the school to refer your child. As a parent, you have the legal right to request an IEP evaluation in writing at any time. The moment the school receives your written request, federal and state timelines are triggered. If you’ve been waiting for a teacher to “bring it up” or for the school to “suggest testing,” that wait could go on indefinitely.
Write a brief letter or email to the school principal and your child’s teacher or special education coordinator. Say: “I am requesting a comprehensive evaluation for special education services for my child, [name], in accordance with IDEA.” Keep it simple. You don’t need to diagnose your child, you just need to request the evaluation.
Step 1: Submit a Written Evaluation Request
Your written request should include:
- Your child’s full name and grade
- A brief description of your concerns (academic, behavioral, communication, motor, whatever applies)
- A specific request for a comprehensive evaluation for special education eligibility
- Your signature and the date
Send it by email so you have a timestamped record. If you hand-deliver it, keep a copy and note the date it was received. The clock starts when the school receives the request, not when they respond to it.
Step 2: The School Responds With Prior Written Notice
Within a reasonable timeframe (often 10–15 school days), the school must respond with a Prior Written Notice (PWN), a formal document stating whether they agree to evaluate, what assessments they’ll conduct, and why. If they agree, they’ll also send a consent form for the evaluation.
If the school refuses to evaluate, they must explain why in writing, and you have the right to challenge that refusal. See our article on what to do when the school denies an IEP evaluation.
Step 3: Provide Consent for the Evaluation
Sign and return the consent form as quickly as possible, the 90-day evaluation window in North Carolina doesn’t start until the school receives your signed consent. Before signing, read the evaluation plan carefully. Make sure it covers all areas of your concern. If something seems missing, note it in writing or ask for the plan to be amended.
Step 4: The Evaluation
The school’s evaluation team conducts assessments over the following weeks. This typically involves school psychologists, special education teachers, and relevant specialists. You may be asked to complete rating scales, provide input, and give permission for classroom observations. Do all of these, your input becomes part of the official evaluation record.
If you have outside evaluations, from a private psychologist, neurologist, speech therapist, or BCBA, submit them to the school in writing and ask that they be included in the evaluation. Schools are required to consider outside data.
Step 5: The Eligibility Meeting
Once assessments are complete, the school convenes a meeting to review the results and determine whether your child qualifies for special education. In NC, this is called the Initial IEP/Eligibility meeting. The team reviews all data and decides whether your child meets the criteria for one of the 13 IDEA disability categories and whether the disability adversely affects their education.
Request all evaluation reports at least a few days before this meeting. Read them. If you don’t understand the scores, ask the school to explain, or get help from an advocate before the meeting. You have the right to bring an advocate, attorney, or any other person with relevant knowledge with you.
Step 6: If Your Child Qualifies, Building the IEP
If the team finds your child eligible, the IEP is developed at the same meeting or a subsequent one. This is where you move from eligibility to services. The IEP team, which includes you, must agree on:
- Present levels of performance (how your child is doing now)
- Annual goals (measurable, specific, appropriate)
- Special education services and related services (what, how often, how long, and where)
- Accommodations and modifications
- Placement (the least restrictive environment appropriate for your child)
Don’t feel pressured to agree to everything on the spot. You have the right to take time to review the proposed IEP before signing. See our guide on what happens at an IEP meeting for what to expect.
If Your Child Doesn’t Qualify
A school finding of ineligibility isn’t necessarily final. You can request an Independent Educational Evaluation at school expense, bring in outside data, or pursue a 504 Plan as an interim support. Many children who don’t qualify on the first try do qualify after additional evaluation or advocacy. Consider consulting with an advocate before accepting an ineligibility determination.
Not Sure Where to Start?
Meghan offers a free initial consultation to help you understand your child’s situation and identify the right next steps, whether you’re just starting the process or have hit a roadblock.
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