How to Request a Special Education Evaluation in Texas
Key takeaways
- ✓Send a written request for evaluation to your child's principal and special education coordinator—verbal requests don't create the legal record you need.
- ✓The school has 45 school days to complete the evaluation and 30 calendar days after that to hold the ARD meeting where eligibility is decided and the IEP is created.
- ✓You are a full, equal member of the ARD team, not just an observer—come prepared with outside records and your priorities, and you don't have to sign the IEP the same day.
- ✓Schools cannot delay evaluation by suggesting you 'wait and see' if a disability exists; your written request requires a formal written response regardless.
- ✓Keep detailed records of every document, letter, and meeting from start to finish to protect your child's rights and help future teams understand their full history.
If you suspect your child may need extra support in school, knowing how to request an IEP evaluation in Texas is one of the most important steps you can take. The process can feel overwhelming at first, but Texas law gives parents clear rights — and once you understand the steps, you can move forward with confidence and clarity.
What Is a Special Education Evaluation (FIE)?
Before an IEP (Individualized Education Program) can be created for your child, the school district must conduct a Full Individual Evaluation, commonly called an FIE. This is a comprehensive assessment that looks at all areas of your child's development that may be affected by a suspected disability — things like academics, communication, social skills, behavior, and more.
The FIE is the foundation of the entire special education process. No IEP can be written until a qualifying evaluation has been completed and your child has been found eligible for special education services.
Who Can Request an IEP Evaluation in Texas?
Either a parent or the school district can initiate a request for a special education evaluation. You do not need a doctor's referral, a diagnosis, or anyone's permission. Under federal law (20 U.S.C. § 1414(a)(1); 34 C.F.R. § 300.301), any parent who believes their child may have a disability that affects their education has the right to ask the district to evaluate their child — at no cost to the family.
This applies to children from birth through age 21 who are enrolled in a Texas public school, including charter schools.
How to Submit Your Request
Put It in Writing
While you can make a verbal request, a written request is strongly recommended. A written request creates a clear record and starts the official timelines the district must follow.
Your letter does not need to be formal or lengthy. It simply needs to:
- State that you are requesting a full individual evaluation for special education eligibility
- Briefly describe your concerns (e.g., struggles with reading, attention, speech, behavior)
- Include your child's full name, date of birth, and grade
- Include today's date and your contact information
- Be signed by you
Where to Send Your Request
Send your written request to the principal of your child's school and, if you know who they are, your district's special education director. Deliver it in a way you can track — email with a read receipt, hand delivery with a signed copy for your records, or certified mail.
Keep a copy of everything you send.
Texas Timelines You Need to Know
Texas law sets firm deadlines once you submit your request. Understanding these timelines helps you stay informed and follow up if needed.
45 School Days to Complete the FIE
After the district receives your written consent to evaluate, it has 45 school days to complete the Full Individual Evaluation (Tex. Educ. Code § 29.004(a)). Note that this clock runs on school days, not calendar days, so breaks and holidays do not count. If the end of the school year falls within this window, the district must complete the evaluation within the first 45 school days of the following school year.
30 Calendar Days to Hold the ARD Meeting
Once the FIE is complete and your child is found eligible, the district must convene an ARD (Admission, Review, and Dismissal) meeting — this is Texas's term for the IEP team meeting — within 30 calendar days (19 Tex. Admin. Code § 89.1011(c)). At this meeting, the team will review the evaluation results and, if your child qualifies, develop the IEP together.
What Happens After You Request an Evaluation?
Here is what to expect step by step:
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The district responds. Within a reasonable time, the district must provide you with a Prior Written Notice (PWN) — a written document explaining whether it agrees or refuses to evaluate your child, and why (20 U.S.C. § 1415(b)(3), (c)(1); 34 C.F.R. § 300.503). If the district refuses, it must explain its reasoning in writing.
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You give written consent. If the district agrees to evaluate, it will send you a consent form. The 45-school-day clock does not start until you sign and return this form.
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The evaluation is conducted. A team of qualified professionals will assess your child across all areas related to the suspected disability. You may also share reports from outside providers — therapists, pediatricians, or psychologists — and the team must consider them.
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You receive the FIE report. The district will share the full written evaluation report with you before the ARD meeting. Take time to read it carefully, and don't hesitate to ask questions.
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The ARD/IEP meeting is held. You are a full member of the ARD team. Together, the team reviews the FIE, determines eligibility, and — if your child qualifies — writes the IEP, including goals, services, and placement.
If the District Refuses to Evaluate
A district may sometimes say your child does not need an evaluation, or suggest waiting to see how interventions like tutoring or RTI (Response to Intervention) play out. While these supports can be valuable, they cannot be used to delay or deny a special education evaluation if you have formally requested one.
If the district refuses, it must issue a Prior Written Notice explaining why. At that point, you have options:
- Request a meeting to discuss the district's concerns and share additional information
- Provide outside documentation (such as a private evaluation or letters from medical providers) to support your request
- File a State complaint with the Texas Education Agency (TEA)
- Request mediation through TEA at no cost
- Request a due process hearing — for this step in particular, consulting a qualified special education attorney or advocate is strongly recommended
Your Rights as a Texas Parent
Federal law guarantees your child the right to a Free Appropriate Public Education (FAPE) — meaning services designed to meet their unique needs, at no cost to your family (20 U.S.C. § 1401(9); 34 C.F.R. § 300.17). The evaluation process is the gateway to those services.
You also have the right to:
- Request an Independent Educational Evaluation (IEE) at public expense if you disagree with the district's FIE
- Bring a support person, advocate, or attorney to any ARD meeting
- Receive all documents in your primary language
- Withdraw consent at any time before services begin
Tips to Stay Organized and Empowered
- Keep a paper trail. Save every email, letter, and form in one dedicated folder.
- Note the dates. Write down when you submitted your request and track the 45-school-day window.
- Ask questions freely. You are a full member of your child's ARD team — there are no "dumb" questions.
- Connect with other families. Texas has a strong network of parent support organizations that offer free guidance and can help you understand your rights.
- Document your child's struggles. Notes, work samples, teacher emails, and outside reports all paint a fuller picture for the evaluation team.
The goal of this entire process is simple: to make sure your child gets the support they need to learn and thrive. You are your child's best advocate, and reaching out for an evaluation is exactly the right place to start.
Frequently asked questions
Does my request for a special education evaluation have to be in writing?
It does not have to be in writing by law, but a written request is strongly recommended. It creates a clear record, documents the date your request was made, and helps you track the official timelines the district must follow.
How long does Texas have to complete my child's evaluation?
Once you provide written consent to evaluate, the district has 45 school days to complete the Full Individual Evaluation (FIE) under Texas Education Code § 29.004(a). School holidays and breaks do not count toward this timeline.
Can the school refuse to evaluate my child?
Yes, a district can decline, but it must provide a Prior Written Notice (PWN) explaining its reasons in writing. If you disagree, you can provide additional documentation, request mediation, file a state complaint with the Texas Education Agency, or request a due process hearing.
Do I need a doctor's diagnosis before requesting an IEP evaluation?
No. You do not need a medical diagnosis or a referral from anyone to request an evaluation. Under federal law (20 U.S.C. § 1414(a)(1)), any parent who believes their child may have a disability affecting their education can request an evaluation directly from the school district.
What is an ARD meeting, and when will it happen?
ARD stands for Admission, Review, and Dismissal — Texas's name for the IEP team meeting. After a completed FIE finds your child eligible for special education, the district must hold the ARD meeting within 30 calendar days under 19 Tex. Admin. Code § 89.1011(c). You are a full, equal member of this team.
What if I disagree with the results of the school's evaluation?
If you disagree with the district's FIE, you have the right to request an Independent Educational Evaluation (IEE) conducted by a qualified professional outside the district, and in many cases the district must pay for it. The IEP team must consider the results of any IEE you share with them.
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Sources & accuracy
Grounded in federal IDEA law and Texas rules and reviewed for accuracy. Educational information, not legal advice.
- Free Appropriate Public Education (FAPE): 20 U.S.C. § 1401(9); 34 C.F.R. § 300.17
- Right to request an initial evaluation: 20 U.S.C. § 1414(a)(1); 34 C.F.R. § 300.301
- Prior Written Notice (PWN): 20 U.S.C. § 1415(b)(3), (c)(1); 34 C.F.R. § 300.503
- Procedural safeguards notice: 34 C.F.R. § 300.504
- District must complete the initial evaluation (FIE): Tex. Educ. Code § 29.004(a)
- District must hold the ARD (IEP) meeting: 19 Tex. Admin. Code § 89.1011(c)
Please note: EveryIEP provides educational information and document-preparation support — not legal advice. We are not a law firm and using EveryIEP does not create an attorney-client relationship. For high-stakes disputes, consult a qualified special-education attorney or advocate.