Can I request an IEP evaluation even if the teacher says my child is doing fine?

Yes. You have an independent legal right to request an initial evaluation at any time under 20 U.S.C. § 1414(a)(1) and 34 C.F.R. § 300.301, regardless of the teacher's opinion. If the district disagrees that an evaluation is needed, they must send you a Prior Written Notice explaining their reasoning — and you can challenge that decision.

Does my request letter have to use specific legal language to be valid?

No. Plain, clear language is fine. The key is that your letter clearly states you are asking for a special education evaluation, identifies your child, and describes your concerns. Formal legal phrasing is not required for the request to be legally valid.

How long does Alabama give the school to complete the evaluation after I sign consent?

Alabama follows the federal rule: the district must complete the initial evaluation within 60 calendar days of receiving your signed consent (34 C.F.R. § 300.301(c)(1)). The clock starts on the date the school receives your signed consent form, not the date you first made the request.

What if the school loses my letter or says they never received it?

This is exactly why sending your request in a documented way matters. Use certified mail, email with a read receipt, or hand-deliver a copy and ask for a date-stamped duplicate. If a dispute arises, your delivery confirmation proves when the request was made.

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

You have the right to request an Independent Educational Evaluation (IEE) at public expense if you disagree with the school's evaluation. The district must either fund the IEE or file for a due process hearing to defend their evaluation. Consulting a special education advocate or attorney can help you navigate this process.

Is there a cost to my family for the evaluation?

No. Under the right to a Free Appropriate Public Education (FAPE) (20 U.S.C. § 1401(9); 34 C.F.R. § 300.17), the school district must conduct the initial evaluation at no cost to you. You should never be billed for assessments that are part of the special education eligibility process.

How to Request a Special Education Evaluation in Alabama

If you suspect your child has a disability that affects their learning, knowing how to request an IEP evaluation in Alabama is the most important first step you can take. Under federal law, every eligible child has the right to a Free Appropriate Public Education (FAPE) — meaning the school district must identify, evaluate, and, if eligible, provide specially designed instruction at no cost to your family (20 U.S.C. § 1401(9); 34 C.F.R. § 300.17). This guide walks you through exactly how to make that request, what happens next, and what to do if the process stalls.

What Is a Special Education Evaluation?

A special education evaluation — sometimes called an initial evaluation or full and individual evaluation (FIE) — is a comprehensive assessment conducted by the school district to determine whether your child has a disability and whether that disability requires specially designed instruction or related services. It may include:

Psychological or cognitive testing
Academic achievement assessments
Speech and language evaluations
Occupational or physical therapy screenings
Behavioral observations
Review of school records and work samples

The evaluation is free and must be completed by qualified professionals. It is not the same as a routine vision or hearing screen.

Who Can Request an IEP Evaluation in Alabama?

Both parents and the school can initiate the process. You do not have to wait for a teacher or counselor to refer your child. Under federal law, you have an independent right to request an initial evaluation at any time (20 U.S.C. § 1414(a)(1); 34 C.F.R. § 300.301). If you have concerns, trust them — earlier identification generally leads to better outcomes.

Step 1: Put Your Request in Writing

While you can make a verbal request, a written request creates a paper trail and officially starts the clock on the district's timeline. Address your letter to:

The principal of your child's school, and
The special education director of the local education agency (LEA) — your school district's central office

Include the following in your letter:

Your child's full name, date of birth, grade, and school
A clear statement that you are requesting a full and individual evaluation for special education eligibility
A brief, plain-language description of your concerns (e.g., reading difficulties, attention challenges, speech delays, behavioral concerns)
The date you are writing the letter
Your contact information and signature

Send it in a way you can document — email with a read receipt, certified mail, or hand-delivery with a date-stamped copy returned to you. Keep your copy in a dedicated folder.

Sample Opening Language

"I am writing to formally request a full and individual evaluation of my child, [Child's Name], for special education eligibility under the Individuals with Disabilities Education Act (IDEA). I have concerns about [briefly describe: e.g., my child's reading development, speech clarity, attention, behavior]. I am asking the district to evaluate all areas of suspected disability."

Step 2: The District Responds — Prior Written Notice

After receiving your request, the district must send you a Prior Written Notice (PWN) — a formal written response explaining whether they agree to evaluate your child or refuse to do so, and why (20 U.S.C. § 1415(b)(3), (c)(1); 34 C.F.R. § 300.503). Think of PWN as the school's official "yes" or "no" letter.

If the district agrees, it will also send you a consent form. You must sign and return this form before the evaluation can legally begin. Read it carefully — it describes the specific areas to be assessed.

If the district refuses, the PWN must explain the reasons. You have the right to disagree with a refusal and pursue additional options (see Step 5 below).

Step 3: Know Alabama's Evaluation Timeline

Once you provide signed consent, the clock starts. Federal law requires the district to complete the initial evaluation within 60 calendar days of receiving your written consent (34 C.F.R. § 300.301(c)(1)).

Important Alabama notes:

Alabama follows the federal 60-calendar-day timeline. The Alabama Administrative Code mirrors IDEA's requirements for initial evaluations.
The 60-day window may be extended only if your child is absent for an extended period, or if you and the district agree in writing to a specific extension.
The timeline does not include the time between your written request and your signed consent — so return the consent form promptly.

Write down the date you sign consent and count forward 60 days. Mark that date on your calendar.

Step 4: Participate in the Evaluation Process

You are a partner in this process, not a bystander. Here is how to stay engaged:

Share information. Provide the evaluation team with any outside reports, medical records, or prior assessments you have. The team must consider information you provide.
Ask questions. You can ask the school psychologist or evaluation coordinator which tests will be used and why.
Attend the eligibility meeting. After the evaluation is complete, the district will schedule a meeting to review the results, determine eligibility, and — if your child qualifies — begin developing an Individualized Education Program (IEP). You have the right to attend this meeting.
Request copies. Ask for a written copy of the full evaluation report before the eligibility meeting so you have time to review it.

Step 5: If the District Refuses or the Timeline Is Missed

Most districts respond constructively to a well-written parent request. However, if the district refuses to evaluate without a satisfactory explanation, or if the 60-day deadline passes without a completed evaluation, you have several options:

Request a meeting with the special education director to discuss the concerns in person.
File a state complaint with the Alabama State Department of Education (ALSDE), Special Education Services. A state complaint is a written allegation that the district violated IDEA. ALSDE must resolve it within 60 days.
Request mediation, a voluntary and free process where a neutral mediator helps you and the district reach an agreement.
Request a due process hearing, a more formal legal proceeding before an impartial hearing officer.

Because due process hearings are adversarial in nature, we strongly recommend consulting a qualified special education attorney or advocate before pursuing that route. Alabama Disability Advocacy Program (ADAP) and the Alabama Parent Education Center (PEAC) offer free or low-cost support to families.

After the Evaluation: What Comes Next?

If your child is found eligible, the IEP team — which includes you — must develop an IEP within 30 days of the eligibility determination. This document will outline your child's present levels of performance, annual goals, and the specific services the school will provide.

If your child is found not eligible, you will receive a PWN explaining the decision, and you have the right to request an Independent Educational Evaluation (IEE) at public expense if you disagree with the school's evaluation results.

Quick-Reference Checklist

Write a clear, dated request letter addressed to both the principal and special education director
Deliver it in a documented way (email, certified mail, or hand-delivered with date stamp)
Return the signed consent form promptly once received
Note the 60-calendar-day deadline on your calendar
Gather any outside records or reports to share with the evaluation team
Request a copy of the full evaluation report before the eligibility meeting
Bring your questions and observations to the eligibility/IEP meeting