7 min read · Last updated September 10, 2026

Putting an evaluation request in writing and sending it to the school district, not just mentioning a concern to a teacher, is what starts a federal legal clock. From there, federal law requires either action or a written explanation for refusing it.

In this article

• What actually starts the clock
• The 60-day rule, and what it doesn’t mean
• The school has to answer in writing, even to say no
• Section 504: a separate, often faster door
• What families get wrong
• Frequently asked questions

Dana Whitfield, a single mother in Columbus, Ohio, spent most of her son Marcus’s third-grade year emailing his teacher about his reading. Marcus was eight, a full grade level behind where his older sister had been at the same age, and every email got a version of the same answer: they’d keep an eye on it. Nothing changed until a friend, a former special education aide, told her the emails to the teacher had never actually started anything. What starts the process is a dated, written request sent to the school district itself, asking for an evaluation.

What actually starts the clock

Under the Individuals with Disabilities Education Act (IDEA), the federal law that governs special education, a parent’s written request for an evaluation is what puts the district on notice. IDEA’s rules live in Title 20 of the U.S. Code, backed by regulations in Title 34 of the Code of Federal Regulations (CFR), the federal government’s official rulebook. Before any testing happens, the district also needs the parent’s signed, informed consent to evaluate, which is a separate step from the request itself, under 20 U.S.C. § 1414(a)(1)(D). A phone call or a conversation at pickup can start an informal conversation, but it doesn’t create the same paper trail or the same legal obligation that a written request does.

The 60-day rule, and what it doesn’t mean

Once a parent signs consent, federal law requires the district to determine whether the child qualifies for special education within 60 days, or within a different timeframe if the state has set its own, per 20 U.S.C. § 1414(a)(1)(C)(i)(I). That 60-day clock runs from the date of signed consent, not from the date of the original written request. There are two situations where a district can be excused from that deadline: if a child transfers to a new district mid-evaluation and the new district is making sufficient progress toward a completion date the parents agreed to, or if a parent repeatedly fails or refuses to bring the child in for testing.

Many states have written a shorter clock into their own special education regulations, so the true deadline in your district may run faster than the federal floor. Ask your district’s special education office for your state’s specific timeline when you submit your request.

The school has to answer in writing, even to say no

This is the part most parents don’t know exists. Under 20 U.S.C. § 1415(b)(3), a district must give a parent “written prior notice” whenever it “proposes to initiate or change” or “refuses to initiate or change” an evaluation. If a district decides your child doesn’t need testing, it can’t just tell you that at a parent-teacher conference. Under § 1415(c)(1), the written notice has to describe what the district is proposing or refusing, explain why, describe what records or evaluations it used to make that call, and list what other options it considered and rejected.

That written refusal matters because it’s the document a parent can challenge, whether informally with the district or through a formal due process complaint.

Section 504: a separate, often faster door

Section 504 of the Rehabilitation Act is a civil rights law, separate from IDEA, that prohibits schools receiving federal funding from discriminating against a student because of a disability. Its definition of disability is broader than IDEA’s: a student qualifies if a physical or mental impairment substantially limits a major life activity, such as learning, concentrating, or a chronic health condition like asthma or diabetes limiting participation in school activities. The two laws lead to different paperwork: an IDEA evaluation results in an Individualized Education Program (IEP), while a Section 504 evaluation results in a 504 plan.

Factor	IDEA evaluation (leads to an IEP)	Section 504 evaluation (leads to a 504 plan)
What it provides	Specialized instruction and related services	Accommodations for equal access, not specialized instruction
Federal evaluation timeline	60 days from signed consent, or the state’s own shorter timeline (20 U.S.C. § 1414(a)(1)(C))	No fixed federal day count; districts set their own evaluation procedures under 34 CFR § 104.35
Who typically qualifies	A child in one of IDEA’s specific disability categories who needs specialized instruction	Any student whose impairment substantially limits a major life activity, a broader group
Best for	A child who needs individualized teaching methods or therapies to access grade-level work	A child who can do grade-level work with accommodations like extra time, seating changes, or health-related supports

Under the same Code of Federal Regulations, at 34 CFR § 104.35(b), a district’s Section 504 evaluation has to draw on more than a single test score, using tests validated for their specific purpose and tailored to the student’s actual areas of need. Because Section 504 doesn’t carry IDEA’s specific 60-day requirement, some districts move faster on a 504 request, especially for a student who needs accommodations rather than a full specialized-instruction program. If your child’s needs are more about access than about specialized teaching, ask the school which process fits better before you file either request.

What families get wrong

The most common mistake is assuming an email to a teacher, or a comment at pickup, counts as a formal request. It doesn’t start the legal clock the way a written request addressed to the district’s special education office does. The second is not knowing the district owes a written answer either way. If weeks pass with no written response at all, that silence itself is worth following up on in writing, referencing the original request date.

Frequently asked questions

How long does the school have to complete an evaluation? Federal law gives the district 60 days from the date you sign consent for the evaluation, unless your state has set its own shorter timeline, per 20 U.S.C. § 1414(a)(1)(C)(i)(I). Ask your district’s special education office for the exact number that applies in your state.

What if the school says my child doesn’t need testing? The district still has to put that refusal in writing, explaining its reasoning and what information it used to decide, under 20 U.S.C. § 1415(b)(3) and (c)(1). A verbal “we don’t think that’s necessary” isn’t a legally complete answer.

Is a Section 504 plan the same thing as an IEP? No. An IEP under IDEA provides specialized instruction for a child in a specific disability category. A Section 504 plan provides accommodations, like extra time or seating changes, for any student whose impairment substantially limits a major life activity, without requiring specialized instruction.

Does my written request have to use special legal language? No. It needs to be dated, in writing, addressed to your school or district’s special education office, and clearly ask for an evaluation. Keep a copy and note the date you sent it.

Families navigating this process alongside a housing move should also read McKinney-Vento immediate school enrollment rights, which covers a separate federal right for students in unstable housing. If your child is younger than school age, Head Start and Early Head Start for families explains an earlier entry point into developmental screening, and families managing a child’s coverage under the Children’s Health Insurance Program (CHIP) during this process may find CHIP coverage when income changes mid-year useful for keeping other benefits stable.