How do I request an IEP evaluation for my child in Texas?

Submit a written request to your child's school principal or special education coordinator, clearly asking for a 'full and individual initial evaluation under IDEA.' Keep a dated copy. Your right to request this evaluation is protected under 20 U.S.C. § 1414(a)(1), and the school cannot require a private diagnosis before agreeing to evaluate.

How long does the IEP process take in Texas?

After you provide written consent for the evaluation, the school has 45 school days to complete the Full Individual Evaluation (FIE) under Texas Education Code § 29.004(a). After the FIE is finished, the school must hold an ARD (IEP) meeting within 30 calendar days under 19 Tex. Admin. Code § 89.1011(c).

Do I have to sign the IEP at the ARD meeting?

No. You are never required to sign the IEP on the spot. You can ask to reconvene the meeting, take documents home to review, or request clarification on any section before signing. Taking time to fully understand what you are agreeing to is a reasonable and accepted practice.

What is Prior Written Notice (PWN) and why does it matter?

Prior Written Notice is a document the school must give you any time it proposes to change — or refuses to change — your child's evaluation, eligibility, or educational placement (20 U.S.C. § 1415(b)(3); 34 C.F.R. § 300.503). It must explain the school's reasoning in plain language, and it is one of your most important tools for understanding and responding to school decisions.

Can I bring someone with me to my child's ARD meeting in Texas?

Yes. You have the right to bring a support person, a private evaluator, a family member, or a knowledgeable advocate to any ARD meeting. It is courteous to let the school know in advance, but their presence is your right, not a privilege the school can deny.

What if I disagree with the school's evaluation results?

If you disagree with the school's Full Individual Evaluation, you have the right to request an Independent Educational Evaluation (IEE) at public expense. The school must either fund the IEE or file for due process to defend its own evaluation. Either way, you are entitled to a timely response to your IEE request.

IEP in Texas: A Parent's Complete Guide

Understanding the IEP Texas Process: Where to Begin

If your child has a disability and attends a Texas public school, they may be entitled to an Individualized Education Program (IEP) — a legally binding plan that maps out the specialized instruction and support your child needs to learn. Navigating the IEP Texas process can feel overwhelming, but understanding the steps, timelines, and your rights as a parent puts you firmly in the driver's seat. This guide walks you through every stage, from requesting an evaluation to attending your child's ARD meeting.

What Is an IEP and Who Qualifies?

An IEP is a written document developed collaboratively by a team of educators and parents. It describes:

Your child's current levels of academic and functional performance
Measurable annual goals
The specific special education services, accommodations, and modifications the school will provide
How progress will be measured and reported to you

To receive an IEP, a child must meet two conditions:

Have a qualifying disability — one of 13 categories recognized under the Individuals with Disabilities Education Act (IDEA), such as learning disabilities, autism, emotional disturbance, speech/language impairment, or intellectual disability.
Need special education services because of that disability — meaning the disability adversely affects their educational performance and they cannot be served through general education alone.

When both conditions are met, the school is required to provide a Free Appropriate Public Education (FAPE) — meaning specially designed instruction at no cost to your family (20 U.S.C. § 1401(9); 34 C.F.R. § 300.17).

Step 1 — Requesting an Evaluation (FIE)

The process begins with a Full Individual and Initial Evaluation, commonly called an FIE. You can request one in writing at any time if you suspect your child has a disability that is affecting their learning. The school can also initiate an evaluation with your written consent.

Your right to request an evaluation is protected under federal law (20 U.S.C. § 1414(a)(1); 34 C.F.R. § 300.301). You do not need a diagnosis from a private provider, and the school cannot require one before evaluating your child.

Tips for requesting an evaluation:

Put your request in writing and keep a copy with the date you submitted it.
Address it to the school principal or special education coordinator.
State clearly that you are requesting a "full and individual initial evaluation under IDEA."
You do not need to use any special form — a clear letter or email is sufficient.

Once the school receives your written request, the clock starts ticking.

Key Texas Timelines You Must Know

Texas law sets specific deadlines that schools must follow. Knowing these dates helps you stay on top of the process.

Timeline 1 — Completing the FIE: 45 School Days

After you give written consent for the evaluation, the school district has 45 school days to complete the FIE and provide you with a written report of the results (Tex. Educ. Code § 29.004(a)). School days — not calendar days — are counted, so holidays and breaks do not count.

Timeline 2 — Holding the ARD Meeting: 30 Calendar Days

After the FIE is completed, the district must convene an ARD meeting (Admission, Review, and Dismissal committee — Texas's term for the IEP team) within 30 calendar days to review the evaluation results and, if your child is eligible, develop the IEP (19 Tex. Admin. Code § 89.1011(c)).

Step 2 — The ARD Meeting: Texas's IEP Team

In Texas, the IEP team is called the ARD committee. "ARD" stands for Admission, Review, and Dismissal — the three main functions of this group. Every IEP is developed, reviewed, and changed through the ARD process.

Who is on the ARD committee?

You, the parent — you are a full, equal member, not just an observer
Your child's general education teacher
A special education teacher or provider
A school district representative with authority to commit resources
Someone who can interpret the FIE results (often a school psychologist)
Your child, when appropriate (especially as they approach transition age)
Any other specialists relevant to your child's needs

What happens at the ARD meeting?

The team reviews the FIE results together.
The team determines whether your child is eligible for special education.
If eligible, the team builds the IEP — goals, services, placement, and accommodations.
You review and provide input on every section before it is finalized.

You have the right to bring a support person, a private evaluator, or a knowledgeable advocate with you. You are never required to sign the IEP on the spot — it is okay to ask for time to review it.

Your Rights as a Texas Parent

IDEA and Texas law grant parents a robust set of procedural rights, sometimes called procedural safeguards. The school must give you a copy of these rights at least once per year. Here are the most important ones:

Prior Written Notice (PWN): Any time the school proposes to change — or refuses to change — your child's identification, evaluation, or educational placement, they must give you written notice explaining why (20 U.S.C. § 1415(b)(3), (c)(1); 34 C.F.R. § 300.503). This document is called a Prior Written Notice, and it must be written in plain language.
Informed consent: The school must obtain your written consent before conducting the initial evaluation and before providing initial special education services.
Independent Educational Evaluation (IEE): If you disagree with the school's FIE, you have the right to request an IEE at public expense.
Access to records: You may review all education records about your child at any time.
Participation in decisions: You are a required member of the ARD committee, and your input must be genuinely considered.

How to Advocate Effectively at ARD Meetings

Advocacy does not mean conflict — it means being an informed, prepared, and collaborative team member. Here are practical ways to show up strong:

Prepare ahead of time. Review any documents the school sends before the meeting. Write down your questions and observations.
Bring data. Notes from home, work samples, tutoring records, and private evaluation reports all count as relevant information.
Ask clarifying questions. If something is unclear, ask the team to explain it in plain language. "What does this goal look like in the classroom?" is a great question.
Request a draft IEP in advance. Some districts will share a draft before the meeting so you can review it without time pressure.
Take notes or bring a trusted support person. You are allowed to audio record ARD meetings in Texas with proper notice.
Ask about the least restrictive environment (LRE). Federal law requires that children with disabilities be educated alongside their non-disabled peers to the maximum extent appropriate. Ask the team to explain the reasoning behind your child's placement.
Never feel pressured to sign immediately. You can reconvene the ARD meeting if you need more time.

Annual Reviews, Reevaluations, and Amendments

The IEP is not a one-time document. In Texas:

Annual ARD review: The team must meet at least once a year to review and update your child's IEP.
Reevaluation: Your child must be reevaluated at least every three years (unless you and the school agree it is not necessary), or sooner if you or a teacher requests one.
IEP amendments: If a change needs to be made between annual reviews, the team can reconvene an ARD meeting, or — with your written agreement — make a written amendment without a full meeting.

You may also request an ARD meeting at any time if you believe your child's needs have changed or that the current IEP is not working.

When to Seek Additional Support

Most IEP disagreements can be resolved through open communication and collaboration with the school team. However, some situations benefit from outside expertise:

If the school refuses to evaluate your child after a written request
If you believe the IEP is not being implemented as written
If you are facing a manifestation determination hearing or disciplinary placement
If you are considering or facing a due process hearing

In these situations, consider reaching out to a qualified special education attorney or advocate who knows Texas law. The Texas Education Agency (TEA) also offers a Special Education Dispute Resolution program, including mediation and complaints, as a lower-cost alternative to formal due process.