How to Request a Special Education Evaluation in Kentucky

Your child is struggling. Teachers are describing the same problems year after year. The school has suggested "let's keep watching" or "try another round of interventions first." But nothing has changed, and you are done waiting.

Here is how to formally request a special education evaluation in Kentucky — and what happens once you do.

Why the Request Must Be in Writing

A verbal conversation with a teacher or principal does not start any legal clock. Under 707 KAR and federal IDEA regulations, the procedural process begins when the district receives a written referral for evaluation. That referral can come from you as a parent, from a teacher, from a doctor, or from the district itself — but for the clock to start on your timeline, you need to make the request in writing and keep a copy.

An email works. It does not need to be a formal legal letter. What it does need to include:

• Your child's name and date of birth
• The school they attend
• A description of what you are observing — academic struggles, behavioral concerns, communication delays, sensory issues — and how those concerns are affecting your child's ability to participate in school
• A clear statement that you are requesting a comprehensive evaluation for special education eligibility under IDEA

Send it to both the school principal and the special education coordinator or director. Send it by email so you have a timestamped record.

What Kentucky's Child Find Obligation Means for You

Kentucky school districts have a legal obligation called Child Find — an affirmative duty under 707 KAR and IDEA to identify, locate, and evaluate all children with suspected disabilities within their jurisdiction. This obligation does not wait for a parent request. If a teacher has reason to suspect a child has a disability that is affecting their education, the district is supposed to initiate the process.

In practice, Child Find is inconsistently applied, particularly in under-resourced rural Kentucky districts where evaluation backlogs and school psychologist shortages mean referrals get delayed. Knowing that the district has a proactive duty — not just a reactive one — is useful context when a principal says "we'd rather wait and see."

The 60-School-Day Evaluation Timeline

Once you provide written informed consent for the initial evaluation, Kentucky sets the clock at 60 school days. Note three things:

1. It is 60 school days, not 60 calendar days. Summer breaks, holidays, and school closures do not count toward the clock. This matters — a consent form signed in May could result in an evaluation timeline that effectively runs through the fall if much of the 60 days falls over summer.

2. The clock starts when you sign the consent form, not when you submit the initial request. The district must first acknowledge your request, propose an evaluation plan, and provide you with a written consent form. That pre-consent process should not drag on — if the district takes weeks or months to produce a consent form after your written request, they may be using the intake phase to delay.

3. The 60 days runs to completing the evaluation and convening the ARC to discuss eligibility — not just mailing you results.

What the Evaluation Must Cover

Kentucky law prohibits using any single measure as the sole basis for an eligibility determination. The evaluation must be multidisciplinary and comprehensive across all areas of suspected disability.

A typical initial evaluation for suspected learning disability might include:

• A cognitive ability assessment (IQ-type testing)
• Academic achievement tests in reading, mathematics, and written expression
• Classroom observation
• Review of existing school records and work samples
• Teacher and parent input forms
• Potentially a speech-language screening if communication concerns exist

For autism evaluations, the assessment must also include direct observation and structured tools such as the ADOS-2 or GARS. For behavioral concerns, a behavioral rating scale completed by both teachers and parents is standard.

You have the right to provide information for the evaluation. If your child has private therapy records, a pediatric neuropsychological evaluation, or a physician's letter, submit those in writing to be included. The ARC must consider all relevant information.

Common Delay Tactic: "They Have to Fail First"

One of the most common delay tactics reported by Kentucky parents — and documented in the market research — is a district telling parents the child must exhaust Response to Intervention (RTI) tiers before a formal evaluation will be considered.

This is legally inaccurate. Child Find and IDEA do not require a child to fail through RTI before being evaluated for special education. RTI data can be used as part of the evaluation, but it cannot serve as a gatekeeper. The U.S. Department of Education has stated explicitly that districts may not use RTI to delay or deny a timely evaluation.

If a district tells you to wait for more RTI data, your written request still triggers their obligation to respond. They must either propose an evaluation or issue a Prior Written Notice (PWN) explaining why they are refusing to evaluate. If they issue a refusal, that PWN gives you something to challenge — either through an IEE request, a state complaint with the KDE, or a due process hearing.

If the District Refuses to Evaluate

A refusal to evaluate must come in writing as a Prior Written Notice (PWN). The PWN must state:

• What action the district is refusing to take (evaluation)
• Why they are refusing
• What other options they considered and why they rejected them
• What evaluation data or documentation they relied on
• Your rights if you disagree

If you receive a PWN refusing to evaluate, read it carefully. If the stated reason is that the child is "performing adequately" based on grades alone — without considering functional performance, behavior, or how much effort the child is expending to maintain those grades — you can challenge that reasoning.

Your next step is to request an Independent Educational Evaluation (IEE). Under 707 KAR 1:340, you can request an IEE at public expense whenever you disagree with a school evaluation. The district must either fund the outside evaluation or file for due process to defend its refusal to evaluate. They cannot simply deny your request and do nothing.

After the Evaluation: The Eligibility ARC

Once the evaluation is complete, the ARC meets to review results and make an eligibility determination. You are a required member of the ARC. The meeting must include everyone who can interpret the evaluation results.

At this meeting, the ARC determines:

1. Whether your child has a disability in one of Kentucky's 13 recognized categories
2. Whether that disability adversely affects educational performance
3. Whether specially designed instruction is required

If the ARC finds eligibility, an IEP must be developed before any services begin. If the ARC finds no eligibility, they must issue a PWN explaining the decision and your appeal rights.

Request a copy of all evaluation reports before the eligibility meeting. Do not walk in seeing the results for the first time at the table.

The Kentucky IEP & 504 Blueprint includes a ready-to-use evaluation request letter template, a guide to the 60-school-day timeline, and a checklist for reviewing evaluation reports before your eligibility ARC meeting.

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