A Parent’s Guide to Special Education Evaluations

How to Request a Special Education Evaluation in California A Written Request Starts the District’s 15-Day Deadline

You can request a special education evaluation without a diagnosis, failing grades, or a teacher’s referral. Under federal law called the Individuals with Disabilities Education Act, or IDEA, you can ask your school district to evaluate your child at any time, and the evaluation is free.

In California a dated, written request officially triggers the 15-day deadline for the district to respond.

“If you feel like something isn’t clicking, trust your gut. Studies show that waiting until third grade to begin specialized reading intervention makes catching up significantly harder.”

Dr. Leah Skinner, Ed.D.

You can ask your district to evaluate your child right now

What Parents Should Know
  • A special education evaluation must cover all areas related to a suspected disability. If there are concerns about dyslexia, ADHD, and speech delays, the district must assess the relevant areas of need, not limit the evaluation to a basic reading test.
  • Passing grades don’t rule out an evaluation. Districts have a federal duty called Child Find that requires them to identify and evaluate children who may have a disability, even if those children are advancing to the next grade.
  • Put your request in writing. Under Education Code section 56029, a parent’s written request is a formal referral for assessment. A school may suggest a Student Study Team meeting first, but that meeting isn’t required before requesting an evaluation.
  • Once the district receives your written request, it has 15 calendar days to respond. (Note: School holidays and summer break can pause this 15-day clock). The response is either an assessment plan describing the proposed tests or a written notice explaining why it refuses to evaluate.
  • If the district refuses, you can dispute the decision. Federal and state law give you three paths: mediation, a state compliance complaint with the California Department of Education, or a due process hearing.
Your Legal Rights

Your School District’s Legal Obligations When You Request an Evaluation in Writing

Passing grades are not an excuse to skip an evaluation

A federal obligation called Child Find (34 C.F.R. § 300.111) requires schools to identify and evaluate any child who might need help. Even if your child keeps advancing to the next grade, passing grades don’t excuse the district from its duty to respond to your concerns.

34 C.F.R. 300.111 Cal. Ed. Code 56300 Cal. Ed. Code 56301

You don’t need to wait for the school to offer testing

The federal rule on first-time evaluations says the request can come from a parent or from the school district. The U.S. Department of Education has confirmed that a parent can ask at any time.

34 C.F.R. 300.301 OSEP Memo 11-07

The evaluation must address every area related to a suspected disability

Under 34 C.F.R. § 300.304, the district must assess your child in all areas related to the suspected disability, and it can’t use a single test or score to decide whether your child qualifies.

If reading is the concern, name it in your letter. Special education law has a category called specific learning disability, which covers trouble with reading, writing, spelling, or math. California’s definition includes dyslexia and names phonological processing, the ability to work with the sounds in words.

34 C.F.R. 300.304 Cal. Ed. Code 56320 5 C.C.R. 3030

The district needs your consent before it tests your child

The district has to get your informed consent before it evaluates your child. Informed consent means you agree in writing after the plan has been explained to you.

34 C.F.R. 300.300 Cal. Ed. Code 56321

Why the Timing Matters

Why you should ask before third grade

Don’t wait to ask for an evaluation. If you notice your child struggling, request it right away. Earlier help produced bigger gains.

California public schools screen students in kindergarten, first grade, and second grade once a year for risk of reading difficulties, including dyslexia, unless a parent opts out in writing. These screenings can identify possible reading difficulties, but they don’t diagnose a disability or replace a special education evaluation. Districts can’t use the screening process to delay evaluating a child who may need special education. Cal. Ed. Code 53008 CDE screening FAQs

California Education Code
“Screening results shall be used as a flag for potential risk of reading difficulties, not as a diagnosis of a disability.”
California Education Code section 53008, subdivision (l). Read the statute on the California Legislative Information site

The reading gap shows up in first grade

Researchers at Yale and UC Davis followed 312 children from age 5 to age 42. How well a child read in first grade was linked to how well that person read as an adult.

Ferrer et al., 2023

Earlier help produced bigger gains

In one study, children in first, second, and third grade received the same reading program. When researchers compared them with children who didn’t get the program, the first and second graders had gained almost twice as much in basic word reading as the third graders.

Lovett et al., 2017

Third-grade reading is tied to graduation

About 16 percent of children who weren’t reading proficiently by the end of third grade didn’t finish high school on time, which is four times the rate for proficient readers. The study found a link and didn’t test whether one causes the other.

Annie E. Casey Foundation

The 2024 national assessment shows where California’s fourth graders stand. Fewer than one in three were reading at grade level. In the state’s public schools, 29 percent scored at or above proficient and 44 percent scored below the basic level. NAEP 2024, California grade 4

Third grade is also when holding a child back comes up

California requires every school district to have a policy on holding children back between second and third grade and between third and fourth grade. At those two points, the law says students are identified for retention mainly by how well they read. Cal. Ed. Code 48070.5

Our article on the impact of grade retention explains what the research found about the effects of holding children back.

Our page on early reading intervention explains why a young brain learns to read more easily.

What Parents Hear

What the school may say when you ask, and what the law says back

Before requesting a formal evaluation, parents often hear reasons to wait. Some are well-intentioned, but none replace the district’s legal obligation to consider a written evaluation request.

Here’s what the law says about some of the most common responses.

“He’s fine. We have no data that shows a problem.”

The evaluation is how you get the data. A district has to evaluate when it has reason to suspect a disability, and passing from grade to grade doesn’t cancel that duty.

34 C.F.R. 300.111 Cal. Ed. Code 56301

“He’s in a reading group, so we’ll test later.”

Take the reading group. The U.S. Department of Education says extra help can’t be used to delay or deny an evaluation. Many schools call this extra help Response to Intervention, or RTI. Others start with a Student Study Team meeting, also called a Student Success Team or SST, where staff and parents talk about classroom support. California doesn’t require one before a referral. Send the letter anyway.

U.S. Department of Education
“States and LEAs [school districts] have an obligation to ensure that evaluations of children suspected of having a disability are not delayed or denied because of implementation of an RTI [Response to Intervention] strategy.”
OSEP Memo 11-07, January 21, 2011. Read the memo on the Department’s IDEA site

5 C.C.R. 3021 Disability Rights California

“She has to be two years behind.”

Whether she qualifies gets decided after the evaluation, by a team that includes you, with the results on the table.

34 C.F.R. 300.306

Free Parent Tool

Build your evaluation request letter

Fill in the form and the letter builds itself as you type. Anything still missing shows up in blue brackets. When the letter looks right, you can print it, save it as a PDF, or copy the text into an email.

This form has no submit button. The letter is built in your browser.

About you

The district and school

Your child

Areas to assess

Check every area where you have a concern. The district has to assess all areas related to the suspected disability, so name them here.

Phonological processing is the ability to work with the sounds in words. Checking this box asks the district to test it.

Orthographic processing is how the brain stores and recalls the look of letters and words.

What you have seen

For example: guesses at words, avoids reading aloud, cannot remember letter sounds from one day to the next.

Section 504 is a separate federal law with a broader definition of disability. This adds a 504 evaluation request alongside your IDEA request.

Dates

If the district receives your letter on that date, the assessment plan is due by Pick a date above This counts 15 calendar days. Days between school terms and breaks longer than five school days don’t count, so your district’s actual deadline may fall later. If your letter arrives in the last 10 days of the school year, the plan is due within the first 10 days of the next year.
If the district receives your signed plan on that date, the evaluation and the IEP team meeting are due by Add the date once you sign This counts 60 calendar days, and the same break rule applies. If the signed plan arrives in the last 30 days of the school year, the IEP meeting is due within 30 days after the next year begins.

[Your full name]
[Street address]
[City, State ZIP]
[Phone]
[Email]

[Date]
Delivered by hand

Director of Special Education
[School district name]
[District office address]

RE: Request for special education assessment of [Child's full name], date of birth [Date of birth]

Dear Director of Special Education:

I am the parent of [child's name], who attends [school name] in [grade]. I am requesting a full and individual initial evaluation to determine whether my child is eligible for special education and related services under the Individuals with Disabilities Education Act (20 U.S.C. § 1414; 34 C.F.R. § 300.301). This letter is a written referral for assessment under California Education Code section 56029.

I am asking the district to assess my child in all areas related to the suspected disability, as 34 C.F.R. § 300.304(c)(4) and Education Code section 56320(f) require. Those areas include:

  • Reading, including phonological processing, letter-sound knowledge, decoding, word reading, fluency, and comprehension

Please send me a proposed assessment plan within 15 calendar days of receipt of this letter, as required by Education Code sections 56321(a) and 56043(a). I will review the plan and return it promptly.

My child may participate in any interventions the school offers while the assessment proceeds. I do not agree to extend the assessment timelines.

If the district decides not to assess my child, please send me prior written notice of that decision under 34 C.F.R. § 300.503 and Education Code section 56500.4. The notice should include the reasons for the decision and the records the district relied on.

Please also send me a copy of the assessment report two business days before the IEP team meeting so that I can prepare.

You can reach me at the phone number or email address above. Thank you for your help.

Sincerely,


[Printed name]
Parent or guardian of [child's name]

cc: Principal, [school name]

Send the letter in a way that proves the date

The deadlines run from the day the district receives your letter, so you need proof of that day. Any of these three works.

  • Hand delivery. Bring two copies and ask the school office to date-stamp the one you keep.
  • Email. Send it to the principal and the district’s special education office, and save the sent message.
  • Certified mail with a return receipt. Keep the receipt with your copy of the letter.

Address the letter to the district’s Director of Special Education and send a copy to the principal, so both offices have your request on the same day. Once the district has your letter, the deadlines begin.

Provided free by READ Academy of Sacramento. This letter builder is educational information. It is not legal advice and does not create an attorney-client relationship. A district’s response depends on the facts of each child’s situation.

After the District Gets Your Letter

California’s 15-day and 60-day deadlines, step by step

Federal law gives a district 60 days to finish an evaluation and lets each state set its own timeline. California’s timeline has three counts, and each one starts on a date you can prove. 34 C.F.R. 300.301 Cal. Ed. Code 56043

15days

for the district to send you an assessment plan

15days

at least, for you to review the plan and sign it

60days

for the district to finish the evaluation and meet with you

  1. The district receives your letter

    The first count starts the day the district receives your request. That is why proof of delivery matters more than the date typed at the top of the letter.
  2. 15-day deadline

    The district sends you an assessment plan

    The plan should reach you within 15 calendar days. It has to explain the kinds of tests the district wants to give, in plain language and in your home language unless that is clearly not feasible. A notice of your rights comes attached. Cal. Ed. Code 56321
  3. You review the plan and sign it

    You have at least 15 calendar days to decide. Check the plan against your letter, and if an area you asked about is missing, ask in writing for it to be added. The 60-day count begins only after your signed plan arrives at the district. Testing can begin the day your consent arrives.
  4. The district evaluates your child

    The district’s evaluation team tests your child in the areas listed on the plan. The testing has to cover every area related to the suspected disability, and it all happens inside the 60 days. Cal. Ed. Code 56320
  5. 60-day deadline

    The team meets with you about the results

    Within 60 days of receiving your consent, the district has to finish the evaluation and hold a meeting with you to decide whether your child qualifies. The meeting is called an IEP team meeting, and you are a member of that team. IEP stands for Individualized Education Program, the written plan for a child who qualifies. Cal. Ed. Code 56302.1 Cal. Ed. Code 56344

School breaks pause the district’s deadlines

Days between school terms don’t count toward the 15 days or the 60 days, and neither do vacations longer than five school days.

The end of the school year changes the math too. If you send your request in the last 10 days of the year, the assessment plan is due within the first 10 days of the next year. If you send it in the last 30 days, the IEP deadline moves to 30 days after the next year begins.

The district can extend a deadline only if you agree in writing. The 60 days can stop applying if your child is repeatedly not made available for testing or changes districts.

Cal. Ed. Code 56321 Cal. Ed. Code 56344

After the Evaluation

What happens at the eligibility meeting

The IEP team meets to answer two questions. Does your child have a disability that IDEA recognizes? Does your child need special education because of it? If the answer to both is yes, the district writes an IEP. 34 C.F.R. 300.306 34 C.F.R. 300.8

You are a member of that team. Federal law names the required members: at least one of your child’s general education teachers, at least one special education teacher, a school psychologist or other specialist who can interpret the evaluation results, and a district representative knowledgeable about the availability of resources. You can also bring anyone you choose. 34 C.F.R. 300.321

Ask for the evaluation report before the meeting

California law says you are entitled to a copy of the evaluation report. Ask the district to send it at least two business days before the IEP team meeting so you have time to read it and prepare questions. The letter builder on this page includes that request.

Qualifying and getting reading instruction that works are two different things. Our article Does an IEP Actually Teach a Child to Read? covers what a reading IEP should include and what to do when a school says a child doesn’t qualify.

If the team decides your child doesn’t qualify under IDEA, you can dispute the evaluation. You can also ask the school about a Section 504 plan, which uses a broader definition of disability and typically covers accommodations like extra time on tests.

When the Answer Is No or Not Yet

What the district owes you if it says no or stalls

A district can decide against an evaluation, but it has to follow rules when it does, and you have ways to respond.

The district must put any refusal in writing

This is called Prior Written Notice (34 C.F.R. § 300.503). It must explain what the district refused, why it refused, and what tests, records, or reports it relied on. If someone refuses your request in person or over the phone, ask for Prior Written Notice by name.

34 C.F.R. 300.503 Cal. Ed. Code 56500.4

Extra help can’t delay the evaluation

Federal law says a district can’t reject or delay an evaluation because a child hasn’t gone through an intervention program. The U.S. Department of Education’s 2011 memo on Response to Intervention makes that clear.

OSEP Memo 11-07 Cal. Ed. Code 56303 5 C.C.R. 3021

You can report a missed deadline to the state

If the district misses a deadline or breaks another special education rule, you can file a written complaint with the California Department of Education. The complaint has to describe a violation from the past year, and the department finishes its investigation within 60 days unless exceptional circumstances apply.

CDE complaint process

You can challenge a refusal to evaluate

If the district refuses an evaluation, you can request mediation or file a due process complaint through the Office of Administrative Hearings. If the district has violated special education law, you can also file a compliance complaint with the California Department of Education.

Office of Administrative Hearings California Department of Education

You can demand a second opinion (Independent Evaluation)

If you disagree with the district’s evaluation, you can ask for an independent educational evaluation at public expense. The district then has to pay for one or file for a hearing to defend its own evaluation, and it has to choose without unnecessary delay.

You can get only one independent evaluation at public expense each time the district completes an evaluation you disagree with.

34 C.F.R. 300.502 Cal. Ed. Code 56329

The district has to consider a private evaluation

You can also share an evaluation you paid for yourself. If it meets the district’s criteria, the district has to consider the results, although the team can consider a report and still disagree with it.

READ Academy offers a dyslexia assessment for families who want answers on their own schedule. Our assessment has a fee, and the district’s evaluation is free.

34 C.F.R. 300.502 Cal. Ed. Code 56329

Disability Rights California publishes a plain-language manual on evaluations and assessments, and the federally funded Center for Parent Information and Resources lists the parent centers in every state.

Parent Questions

Questions parents ask before sending the letter

How do I get my child tested for dyslexia at school?

Send the district a written request for a special education evaluation and say that you suspect dyslexia. The district tests for a specific learning disability, and California’s definition of that term includes dyslexia. Ask the district to assess all areas of phonological processing, the ability to work with the sounds in words. The letter builder on this page writes the request for you.

Cal. Ed. Code 56029 5 C.C.R. 3030 Cal. Ed. Code 56320

Can I request a special education evaluation in kindergarten?

Yes. California’s duty to find and assess children who may need special education runs from birth to age 21, so no grade is too early to ask. Kindergarten is also the first year of the state’s required reading screening.

Cal. Ed. Code 56300 Cal. Ed. Code 53008

Does asking for an evaluation put my child in special education?

No. An evaluation only answers whether your child qualifies. Federal rules say consent to an evaluation can’t be treated as consent to services, so if your child does qualify, nothing begins until you give a second consent.

34 C.F.R. 300.300

Do I need a lawyer or an advocate to send this letter?

No. California law counts a parent’s written request as a referral for assessment, and the letter builder on this page produces one. An attorney or advocate becomes useful later, if the district refuses, misses a deadline, or returns results that don’t match what you see at home.

Cal. Ed. Code 56029

Does a private diagnosis guarantee an IEP?

No. The district has to consider a private evaluation that meets its criteria, but the IEP team still makes the eligibility decision. To qualify a child, the team has to find both a listed disability and a need for special education. A detailed private report gives the team specific findings to consider.

34 C.F.R. 300.502 34 C.F.R. 300.306

Does IDEA apply to charter schools?

Yes. Charter schools that operate as their own local educational agency have the same Child Find and evaluation duties as any other school district. Charter schools that are part of a larger district follow that district’s process.

34 C.F.R. 300.209

About the author

Dr. Leah Skinner, Ed.D.

Founder, READ Academy of Sacramento

Certified Dyslexia Therapist and Special Education Advocate with more than two decades of experience helping Sacramento families. Dr. Skinner holds a Doctor of Education in Reading, Literacy, and Assessment and a Master of Education: Dyslexia Specialist. She has sat on every side of the IEP table.

Dr. Skinner is a Certified Special Education Advocate. She is not an attorney, and READ Academy does not represent families or give legal advice.

Why READ Academy Created This Guide

READ Academy created this free guide to help California parents understand their rights, request a special education evaluation, and navigate the process without needing professional assistance.

Full disclosure

READ Academy of Sacramento

READ Academy is a private school in Sacramento serving students in grades 2 through 12 with dyslexia, dysgraphia, dyscalculia, ADHD, and executive function differences. Daily reading and writing instruction uses Structured Literacy, an evidence-based approach recommended by the International Dyslexia Association for teaching students with dyslexia. We are accredited by the Accrediting Commission for Schools, Western Association of Schools and Colleges. All high school students earn a diploma upon graduation.

We also offer private dyslexia assessments for a fee. You don’t need one of our assessments, or to enroll with us, to use anything on this page.

If you have questions about the evaluation process or about our school, call us at (916) 258-2080 or email info@readacademy.com. A conversation costs nothing and commits you to nothing.

Important

This page provides educational information about publicly available rights under California and federal law. It is not legal advice, and reading it does not create an attorney-client relationship. Outcomes in special education matters depend on the facts of each case.

READ Academy is not affiliated with, endorsed by, or speaking on behalf of any school district, the California Department of Education, or the U.S. Department of Education.

The statutes and regulations cited on this page were checked against their sources on October 15, 2026.

Sources cited on this page
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