North Dakota Special Education Evaluation: How to Request One and What to Expect

You've watched your child struggle. Teachers have mentioned concerns. A pediatrician has raised the possibility of a learning disability, ADHD, or autism. You're wondering whether your child needs special education services — but you don't know how to start the process or whether the school will take you seriously.

In North Dakota, the process begins with a written evaluation request. Once that request is in, strict legal timelines kick in that the school must follow. Here is exactly how it works.

Who Can Request an Evaluation

Under IDEA and NDCC 15.1-32, a special education evaluation can be requested by:

• A parent or guardian
• A teacher or other school personnel
• A medical professional (typically through a referral to the school)

Parents have the same right to initiate this process as school staff. You do not need to wait for the school to bring it up. If you believe your child may have a disability that is affecting their education, you can request an evaluation in writing today.

How to Submit the Request

Send a written request to the school's special education director. You can also address it to the principal, and it will be routed appropriately. Email works — it creates a timestamp and a record. A letter sent by certified mail also works.

The request does not need to be formal or follow a specific template. It needs to:

• Identify your child by name and grade
• State that you are requesting a comprehensive special education evaluation
• Indicate the areas of concern (academic, behavioral, communication, developmental, etc.)
• Request a response in writing

Keep a copy. Note the date you sent it.

The Timeline After You Request

Once the school receives your written request, the clock starts:

Step 1 — The school responds. The school must acknowledge your request and explain the evaluation process. They will provide you with consent forms.

Step 2 — You sign consent. You review and sign an informed consent form for the evaluation. This is the official start of the 60-school-day clock. Consent must be truly informed — you should understand what tests will be administered, who will administer them, and what areas will be assessed.

Step 3 — The evaluation is completed. The school has 60 school days from the date you sign consent to complete the evaluation. This is school days, not calendar days. A request with consent signed in October, depending on the school calendar, may not hit its 60-day deadline until March. Request the specific calendar date that corresponds to 60 school days from your consent date.

Step 4 — Eligibility meeting. After the evaluation is completed, the IEP team meets to review the results and determine eligibility. You must be invited to this meeting. The team determines whether your child has a qualifying disability and whether that disability requires specially designed instruction.

What Must Be Evaluated

The evaluation must be comprehensive and multi-disciplinary. Under IDEA, it must:

• Cover all areas of suspected disability (academic, developmental, behavioral, adaptive, communication, motor)
• Use a variety of assessment tools and strategies — no single measure can determine eligibility
• Include information from parents
• Be conducted by qualified personnel
• Be provided in the child's primary language

A school cannot simply conduct a brief classroom observation and call it an evaluation. If ADHD is a concern, the evaluation should include standardized ADHD rating scales from teachers and parents, cognitive testing, academic achievement testing, and possibly behavioral observation. If autism is a concern, a diagnostic autism assessment using tools like the ADOS-2 or ADI-R is appropriate. If reading disability is suspected, phonological processing, decoding, and reading fluency assessments are required.

In North Dakota, the state's Science of Reading initiative has increased awareness of specific reading disabilities. Under NDCC 15.1-32-26, there are specific provisions for dyslexia screening — parents can request universal screening for reading difficulties, which can be a pathway to triggering more comprehensive evaluation if the screener shows concerns.

What If the School Refuses to Evaluate

If the school decides not to evaluate your child after receiving your written request, they must provide you with Prior Written Notice (PWN) in writing, explaining:

• Why they are refusing to evaluate
• What evaluation data they considered in making that decision
• What other options they considered
• Your rights to dispute the refusal

A verbal "no" at a parent-teacher conference is not a legal refusal. If the school has informally told you that your child doesn't qualify or doesn't need testing, send your written evaluation request anyway and wait for the written response.

If you receive a written refusal and you disagree, you have several options:

1. File a state complaint with NDDPI if you believe the refusal violates IDEA
2. Request mediation with NDDPI to resolve the disagreement
3. Request an expedited IEP facilitation meeting
4. File for due process

The MTSS/RTI Problem

Many North Dakota schools require students to first participate in the Multi-Tier System of Supports (NDMTSS) — a tiered intervention model — before referring for special education evaluation. This approach, when used appropriately, can identify students who respond to general education interventions and avoid unnecessary evaluations.

But NDMTSS cannot be used to delay or deny a formal IDEA evaluation. This is a critical legal distinction. If you submit a written request for an evaluation, the school cannot refuse to evaluate simply because your child is currently receiving Tier 2 interventions. Federal regulations explicitly state that implementing RTI strategies does not prevent a parent from requesting an evaluation, nor a school from conducting one.

If the school cites NDMTSS or RTI as a reason for not evaluating, that justification likely doesn't hold up under IDEA. A written PWN explaining this reasoning is the trigger for your dispute options.

If the Evaluation Is Completed and You Disagree With the Results

Once you receive the evaluation report, you have the right to disagree with the findings. You don't need to prove the school was wrong — simply stating that you disagree activates your right to an Independent Educational Evaluation (IEE) at public expense.

Submit your IEE request in writing to the special education director. The school must either agree to fund the IEE or immediately file for due process to defend their evaluation. They cannot delay or ignore the request.

See the companion post on North Dakota independent educational evaluations for full details on the IEE process and where to find evaluators across the state.

North Dakota-Specific Considerations

BRIDGE data migration: Between 2024 and 2027, NDDPI is migrating from TieNet to Infinite Campus. If your child has previous evaluation records in TieNet, request copies in writing before April 2027, when reference access ends. Once that access closes, older records exist only as static PDFs.

Rural evaluation timelines: In rural districts, school psychologists and other evaluators are often shared across multiple districts through REA systems. This can create practical delays even within the 60-day window. The school is still legally obligated to complete the evaluation on time — but being aware of this challenge lets you monitor the timeline proactively.

Native American families on reservations: Child Find obligations apply on reservations, and the responsibility for identifying and evaluating children with disabilities lies with the state LEA, not the Bureau of Indian Education school, for ages 3-5. If your child attends a BIE or tribally controlled school, the jurisdictional responsibilities are more complex. Contact ND Protection & Advocacy for guidance specific to your situation.

The North Dakota IEP & 504 Blueprint includes a ready-to-send evaluation request template, guidance on reading evaluation reports, and the specific language for invoking your IEE rights when you disagree with the school's findings.

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