How to Request a Special Education Evaluation in Alabama

Your child is struggling in school and you suspect a disability is involved — but the school keeps saying "let's wait and see" or pushes more interventions instead of testing. You have the legal right to request a formal special education evaluation, and the school cannot use its Multi-Tiered System of Supports (MTSS) process to delay or deny that request.

Here's exactly how to get an evaluation started in Alabama, what timelines the district must follow, and what to do when they push back.

Submit Your Request in Writing

While you can verbally ask for an evaluation, always put your request in writing. A written request creates a documented starting point that holds the school accountable to Alabama's strict timelines.

Address your letter to the school principal and the special education coordinator. Include:

• Your child's full name, date of birth, grade, and school
• A clear statement that you are requesting a comprehensive special education evaluation under IDEA
• Specific concerns about your child's academic performance, behavior, social skills, or functional abilities
• Any relevant history — previous evaluations, medical diagnoses, or therapist recommendations

Keep a copy and send it via email with a read receipt, certified mail, or hand-deliver it and ask for a date-stamped copy. The date the school receives your request is when the clock starts.

Alabama's 60-Day Evaluation Timeline

Once the IEP Team determines an evaluation is warranted and you provide written consent, Alabama imposes a strict 60-calendar-day timeline to complete the evaluation. This is calendar days — not school days — meaning the clock runs through weekends, holidays, and summer break.

After the evaluation is complete, the eligibility committee has an additional 30 calendar days to convene, review the data, and determine whether your child qualifies for special education services under Alabama's eligibility criteria.

Track these dates carefully. Procedural delays are one of the most common violations in Alabama and form the basis for many successful state complaints filed with the ALSDE.

What the School Must Evaluate

Alabama requires that evaluations be comprehensive and individualized. Under AAC 290-8-9, the school must assess your child in all areas of suspected disability — not just academics. This includes:

• Cognitive ability (IQ and processing)
• Academic achievement (reading, writing, math levels)
• Speech and language skills
• Motor skills (fine and gross motor, if concerns exist)
• Social-emotional and behavioral functioning
• Adaptive behavior (daily living skills, if relevant)
• Assistive technology needs

The evaluation must use a variety of assessment tools and cannot rely on any single measure. If the school only administers one or two tests and calls it complete, that's a red flag. You have the right to request additional testing in any area of suspected need.

When the School Refuses to Evaluate

If the school declines your evaluation request, they must provide Prior Written Notice (PWN) explaining why they're refusing, what data they relied on, and what alternatives they considered. A verbal "we don't think testing is needed" is not sufficient — they must put it in writing.

Common reasons schools give for refusal:

• "Your child's grades are fine." Grades alone do not determine eligibility. A child can earn passing grades while still being denied FAPE due to behavioral, social-emotional, or functional deficits.
• "We need to finish the RTI/MTSS process first." Alabama's regulatory framework explicitly states that the MTSS process cannot be used to deny or delay a formal referral when a disability is suspected. Intervention data should inform the evaluation — not obstruct it.
• "There's no evidence of a disability." If you have outside medical diagnoses, therapist reports, or documented concerns from teachers, include these with your written request to counter this claim.

If the school refuses and you disagree, you have two options: file a Written State Complaint with the ALSDE (the school has likely violated Child Find obligations) or request a due process hearing.

Alabama-Specific Eligibility Categories

Alabama uses the eligibility categories defined in AAC 290-8-9-.03, which have some state-specific nuances:

Specific Learning Disability (SLD): Alabama does not require the severe discrepancy model (comparing IQ to achievement). Districts may use Response to Intervention (RTI) or a Pattern of Strengths and Weaknesses (PSW) model instead.

ADHD under Other Health Impairment (OHI): Alabama requires three norm-referenced behavioral rating scales completed by three or more independent raters who have observed the child for at least six weeks. One rater may be the parent.

Developmental Delay: Available for children ages 3-9, this category allows eligibility without fitting a specific disability label — useful when a young child clearly needs services but a precise diagnosis isn't yet possible.

Understanding which category fits your child helps you ensure the school conducts the right assessments. If they're evaluating for SLD but you suspect ADHD, make sure they know to include the behavioral rating scales required under OHI criteria.

What Happens After the Evaluation

Once the evaluation is complete and the eligibility committee meets, one of three things happens:

1. Your child qualifies — the team develops an IEP within 30 days
2. Your child doesn't qualify for an IEP but may qualify for a 504 plan — request a 504 evaluation if accommodations (without specially designed instruction) would help
3. Your child is found ineligible — you can disagree and request an Independent Educational Evaluation (IEE) at public expense under AAC 290-8-9-.02

If you disagree with the evaluation results at any stage, don't feel pressured to accept them. You have the right to obtain an outside evaluation and bring that data back to the team.

Build Your Case Before You Request

The strongest evaluation requests come with supporting documentation. Before you submit your letter, gather:

• Report cards and progress reports showing decline or stagnation
• Teacher emails or notes mentioning concerns
• Any outside medical or therapeutic evaluations
• Work samples demonstrating difficulty
• A log of behavioral incidents or disciplinary actions

This documentation makes it harder for the school to justify refusal and provides the evaluation team with context they need to assess your child thoroughly.

The Alabama IEP & 504 Advocacy Playbook includes a ready-to-send evaluation request letter template written for the Alabama Administrative Code, plus a communication log to track every deadline and response from your school district.

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