The Fine Print on Evaluation and Diagnosis

You Can Ask for the Evaluation Yourself

You don't have to wait for the school to decide your child needs one. A parent can start this. That is what the law says.

The rule says: “either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability” (34 CFR 300.301)

Put the request in writing and keep a copy. The school needs your consent before it tests your child, which is one of the "two yeses" on the Be in Charge page.

Say: “I am requesting an initial evaluation of my child for special education. Please send me the consent form and tell me the timeline.”

The 60 Day Clock

Once you give consent, the school has a deadline to finish the evaluation. Many states set their own tighter deadline, so ask what yours is.

The rule says: “Must be conducted within 60 days of receiving parental consent for the evaluation” (34 CFR 300.301)

The rule says: “If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe” (34 CFR 300.301)

There are two exceptions. One is when the parent doesn't bring the child to the evaluation.

The rule says: “The parent of a child repeatedly fails or refuses to produce the child for the evaluation” (34 CFR 300.301)

The other is when the child moves to a different school district in the middle, and only if the new district is moving fast and you both agree on a new date. Write down the date you signed consent.

It Cannot Come Down to One Test

A single test score or a single observation is not supposed to make or break your child's future. The school has to pull in information from multiple places, and you are one of those places.

The rule says: “Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability” (34 CFR 300.304)

The rule says: “including information provided by the parent” (34 CFR 300.304)

Bring what you know: medical reports, therapist notes, your observations at home, examples of what you see. Roy's Diagnosis page covers the first 90 days after diagnosis.

You Are Part of the Decision

When the testing is finished, the school doesn't decide alone whether your child qualifies.

The rule says: “A group of qualified professionals and the parent of the child determines whether the child is a child with a disability” (34 CFR 300.306)

And you get the paperwork.

The rule says: “The public agency provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent” (34 CFR 300.306)

If you disagree with what they found, the school fine print explains how to get an independent evaluation.

A Diagnosis Is Not the Same as Eligibility

A doctor's diagnosis and eligibility for school services are not the same thing. The school has to do its own evaluation. The child has to not just have a disability, but need special education because of it.

The rule says: “and who, by reason thereof, needs special education and related services” (34 CFR 300.8)

So a child with a diagnosis can still be told they don't qualify if the school says they don't need special education. A doctor's diagnosis is one piece of the school evaluation, not the whole answer. For autism, the school definition is clear: a developmental disability affecting communication and social interaction.

The rule says: “Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three” (34 CFR 300.8)

If they say no and you don't agree, ask them to give you their reasons in writing. The letters page has a short template.

Under Three, Suspecting a Disability Is Enough

For Early Intervention, you don't need a diagnosis. You need a referral and a suspicion.

The rule says: “each child under the age of three who is referred for evaluation or early intervention services under this part and suspected of having a disability” (34 CFR 303.321)

That child gets an evaluation right away, done by a team, with your permission. The Early Intervention fine print has the 45 day clock and what to say.

A Way to Ask That Works

Put it in writing: what you're seeing, when it started, and what you want. A short, kind, specific request is easier for a busy person to say yes to. If the answer is no, the disagree-in-writing guide shows what's next. Your state has its own rules too, so check Your State.