Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Illinois: What Parents Need to Know

Illinois follows IDEA and adds its own requirements, including specific notice and conference procedures. Knowing the state layer helps you hold your district accountable.

Meghan Moore, BCBA, M.A. Special Education

Illinois Special Education Framework

Illinois special education is governed by IDEA and the Illinois Administrative Code, Part 226, which outlines state-specific requirements for evaluation, IEP development, placement, and dispute resolution. The Illinois State Board of Education (ISBE) oversees special education compliance statewide.

Every eligible student in Illinois is entitled to a free appropriate public education (FAPE) beginning at age 3 and extending through age 21 (or the end of the school year in which the student turns 22 in some circumstances).

Evaluation Timelines in Illinois

Illinois requires that the initial evaluation be completed within 60 school days of receiving written parental consent. This is school days, not calendar days, so summer or extended breaks can affect the timeline. The school must complete all required assessments and hold an eligibility meeting within this window.

If the school suspects a child has a disability but the parent has not yet requested an evaluation, the school still has a Child Find obligation to identify and evaluate the child.

Notice of Conference

Illinois requires schools to send a written Notice of Conference (NOC) to parents at least 10 days before any IEP meeting. The NOC must include the purpose of the meeting, the date, time, and location, and a list of who will be attending. If you do not receive a NOC at least 10 days in advance, you can ask to reschedule.

You also have the right to request an IEP meeting at any time. Put your request in writing, and the school must respond and schedule the meeting.

IEP Development and Your Rights

You are a full member of the IEP team in Illinois. You have the right to attend, participate, request additional members, and propose goals and services. You do not have to sign the IEP at the meeting. You can take it home to review.

Illinois parents have the right to receive a copy of the IEP free of charge. You also have the right to inspect and review your child's educational records.

Dispute Resolution in Illinois

Facilitated IEP Meeting: A trained facilitator from ISBE helps the team communicate during the IEP meeting. Free and voluntary.
State Complaint: File a written complaint with the ISBE Division of Special Education Services and Supports if you believe the school has violated IDEA or Part 226. ISBE must investigate and respond within 60 calendar days.
Mediation: Voluntary and confidential. Illinois provides mediation at no cost through ISBE. Agreements are binding.
Due Process Hearing: A formal proceeding before an impartial hearing officer. You can file for a hearing if you and the school cannot resolve the dispute through other means.

Illinois Parent Resources

Family Resource Center on Disabilities (FRCD) is the federally funded Parent Training and Information Center for Illinois. They provide free training, workshops, and individual support for families. Visit frcd.org.

Equip for Equality is Illinois's Protection and Advocacy organization. They provide free legal advocacy for people with disabilities, including families dealing with special education disputes. Visit equipforequality.org.

Illinois State Board of Education Special Education publishes parent guides, the Part 226 regulations, and dispute resolution information at isbe.net.

Frequently Asked Questions

How long does Illinois have to evaluate my child for special education?

Illinois must complete the initial evaluation within 60 school days of receiving written consent. Note that this is school days, not calendar days, which can extend the timeline depending on the time of year.

What is a Notice of Conference in Illinois?

Illinois requires schools to send a Notice of Conference (NOC) before any IEP meeting. The NOC tells you the purpose, time, and location of the meeting, and who will be in attendance. You must receive it at least 10 days before the meeting.

What dispute options do Illinois parents have?

Illinois parents can file a state complaint with the Illinois State Board of Education, request mediation, or file for a due process hearing. Illinois also has a facilitated IEP meeting option.

What is Equip for Equality?

Equip for Equality is Illinois's Protection and Advocacy organization. They provide free legal advocacy and information for individuals with disabilities, including families navigating special education disputes.