IEP Basics ยท Getting Started

How to Get an IEP for Your Child: From First Concern to Services in Place

Getting an IEP starts with a written request, but most parents don’t know that, or they spend months waiting for the school to act first. Here’s the complete path from recognizing a concern to having a legally binding IEP in place.

Start With a Written Request, Don’t Wait for the School

The most important thing to know: you don’t have to wait for the school to refer your child. As a parent, you have the legal right to request an IEP evaluation in writing at any time. The moment the school receives your written request, federal and state timelines are triggered. If you’ve been waiting for a teacher to “bring it up” or for the school to “suggest testing,” that wait could go on indefinitely.

Write a brief letter or email to the school principal and your child’s teacher or special education coordinator. Say: “I am requesting a comprehensive evaluation for special education services for my child, [name], in accordance with IDEA.” Keep it simple. You don’t need to diagnose your child, you just need to request the evaluation.

Step 1: Submit a Written Evaluation Request

Your written request should include:

  • Your child’s full name and grade
  • A brief description of your concerns (academic, behavioral, communication, motor, whatever applies)
  • A specific request for a comprehensive evaluation for special education eligibility
  • Your signature and the date

Send it by email so you have a timestamped record. If you hand-deliver it, keep a copy and note the date it was received. The clock starts when the school receives the request, not when they respond to it.

Step 2: The School Responds With Prior Written Notice

Within a reasonable timeframe (often 10–15 school days), the school must respond with a Prior Written Notice (PWN), a formal document stating whether they agree to evaluate, what assessments they’ll conduct, and why. If they agree, they’ll also send a consent form for the evaluation.

If the school refuses to evaluate, they must explain why in writing, and you have the right to challenge that refusal. See our article on what to do when the school denies an IEP evaluation.

Step 3: Provide Consent for the Evaluation

Sign and return the consent form as quickly as possible, the 90-day evaluation window in North Carolina doesn’t start until the school receives your signed consent. Before signing, read the evaluation plan carefully. Make sure it covers all areas of your concern. If something seems missing, note it in writing or ask for the plan to be amended.

Step 4: The Evaluation

The school’s evaluation team conducts assessments over the following weeks. This typically involves school psychologists, special education teachers, and relevant specialists. You may be asked to complete rating scales, provide input, and give permission for classroom observations. Do all of these, your input becomes part of the official evaluation record.

If you have outside evaluations, from a private psychologist, neurologist, speech therapist, or BCBA, submit them to the school in writing and ask that they be included in the evaluation. Schools are required to consider outside data.

Step 5: The Eligibility Meeting

Once assessments are complete, the school convenes a meeting to review the results and determine whether your child qualifies for special education. In NC, this is called the Initial IEP/Eligibility meeting. The team reviews all data and decides whether your child meets the criteria for one of the 13 IDEA disability categories and whether the disability adversely affects their education.

Request all evaluation reports at least a few days before this meeting. Read them. If you don’t understand the scores, ask the school to explain, or get help from an advocate before the meeting. You have the right to bring an advocate, attorney, or any other person with relevant knowledge with you.

Step 6: If Your Child Qualifies, Building the IEP

If the team finds your child eligible, the IEP is developed at the same meeting or a subsequent one. This is where you move from eligibility to services. The IEP team, which includes you, must agree on:

  • Present levels of performance (how your child is doing now)
  • Annual goals (measurable, specific, appropriate)
  • Special education services and related services (what, how often, how long, and where)
  • Accommodations and modifications
  • Placement (the least restrictive environment appropriate for your child)

Don’t feel pressured to agree to everything on the spot. You have the right to take time to review the proposed IEP before signing. See our guide on what happens at an IEP meeting for what to expect.

If Your Child Doesn’t Qualify

A school finding of ineligibility isn’t necessarily final. You can request an Independent Educational Evaluation at school expense, bring in outside data, or pursue a 504 Plan as an interim support. Many children who don’t qualify on the first try do qualify after additional evaluation or advocacy. Consider consulting with an advocate before accepting an ineligibility determination.

Not Sure Where to Start?

Meghan offers an initial consultation to help you understand your child’s situation and identify the right next steps, whether you’re just starting the process or have hit a roadblock.

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How long does the IEP process take from start to finish?
In North Carolina, the school has 90 calendar days from receipt of your signed consent to evaluation to complete the evaluation and hold an eligibility meeting. If your child qualifies and the IEP team develops the plan at that meeting, you can have a full IEP in place within that 90-day window. In practice, the process from initial written request to signed IEP often takes three to five months when you account for scheduling, the school's processing time, and any gap between the eligibility meeting and the IEP meeting. Schools sometimes hold these as separate meetings, which adds weeks. If a school misses the 90-day evaluation deadline without your written agreement to extend, that is a procedural violation. Track dates from the moment you submit your written request, keep a copy of it, and document every communication with the school in writing.
Does my child need a diagnosis before I can request an IEP evaluation?
No. A private diagnosis is not required before you can request an evaluation. Under IDEA, any parent or guardian can submit a written request for a special education evaluation based on concerns about their child's educational performance. The school must respond within a reasonable time, and if they agree to evaluate, they must obtain your written consent before beginning. The school conducts its own independent evaluation using its own assessment team. Private diagnoses from outside providers can be submitted to the IEP team and must be considered, but they do not bind the school's eligibility determination. Many families wait for a formal diagnosis before requesting a school evaluation, which delays services unnecessarily. If your child is struggling in school and you have concerns, submit the written evaluation request now. The school's response will give you the starting point for whatever comes next.
Can I get an IEP for a child in private school?
Children attending private schools have more limited rights under IDEA than students enrolled in public school, but they are not without any rights. If your child attends a private school and you believe they have a disability affecting their education, your local public school district is still responsible for conducting a full evaluation if you request one. However, even if the evaluation finds your child eligible, the district is not required to provide the same level of services it would provide to a public school student. Private school students may receive some equitable services, a proportionate share of IDEA funds, but typically far less than a public school student with the same profile would receive. The most important thing to know: if you unilaterally place your child in private school after disagreeing with the public school's IEP, reimbursement for private school costs is possible but requires specific procedural steps and is not guaranteed. Contact your district's special education office for specifics.
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