How to Request an IEP Evaluation in Vermont

Your child is struggling. The school is running interventions through the Educational Support Team, but weeks have passed and nothing has changed. Or a clinician has flagged a diagnosis and you want the school to evaluate your child for an IEP. Either way, the process starts with a written request — and Vermont has specific rules that protect you once that request is submitted.

Here's exactly how to do it.

Why the Written Request Matters

In Vermont, the clock on your child's evaluation doesn't start when you mention your concerns at a parent-teacher conference. It starts when the district receives a written referral for a special education evaluation.

Under Vermont State Board of Education Rules Series 2360, once the district receives a written referral, they must convene an Evaluation Planning Team (EPT) within 15 calendar days. This is Vermont's "15-day rule" — it's stricter than the federal IDEA requirement, which allows more time. The EPT meeting is the forum where the district either agrees to evaluate and proposes an evaluation plan, or provides written reasons for denying the request.

If the 15 days pass and no EPT meeting is scheduled, that's a violation of Vermont Rule 2360 — and grounds for an AOE administrative complaint.

What Your Written Evaluation Request Must Include

Your request doesn't need to be a legal brief, but it needs to be specific enough to document your concerns and put the 15-day clock in motion. Include:

Your child's name, date of birth, grade, and school.

A specific description of your concerns. Don't write "my child is struggling." Write: "I am concerned that [child's name] has a disability affecting her educational performance, specifically in reading decoding and reading fluency. She is currently reading significantly below grade level, cannot decode multisyllabic words, and is showing signs of distress around reading tasks."

The areas of suspected disability you want evaluated. Vermont's comprehensive evaluation must cover all areas of suspected disability. If you have concerns about reading, math, behavior, social skills, speech, motor skills, or executive function, name them. Areas you don't mention now may not be evaluated.

A citation to Vermont law. Including the following sentence makes it clear you know your rights: "Under Vermont Special Education Rules Series 2360, I understand that the district must convene an Evaluation Planning Team within 15 calendar days of receiving this request."

A request for written confirmation. Close with: "Please confirm receipt of this request and provide the scheduled EPT meeting date."

Send by email and keep the sent copy. Email creates a timestamp. If you hand-deliver a written letter, date it and keep a copy. The 15 calendar days run from the date the district receives it.

The EST Is Not an Obstacle to Your Request

Vermont schools frequently use the Educational Support Team (EST) — the general education intervention structure — before referring students to special education. The EST is legitimate as a first step for many students. But it cannot be used to delay or deny a timely special education evaluation.

Vermont Rule 2360 is explicit: "Participation in Response to Intervention (RTI), Multitiered System of Supports (MTSS), or other evidence-based interventions shall not be used by the LEA to deny a timely initial comprehensive special education evaluation."

If your child is currently in the EST process and you want a special education evaluation, submit your written request now. The EST process and the evaluation process can run simultaneously. The school cannot legally tell you that your child must complete a full EST cycle before an evaluation can begin. If they do, cite the rule in writing and request the EPT meeting within 15 days as required.

This is one of the most common ways Vermont families lose weeks or months of time they didn't need to lose.

What Happens at the EPT Meeting

The Evaluation Planning Team meeting is where the district reviews your referral and proposes an evaluation plan. The EPT team includes you, school staff, and at minimum someone who can interpret evaluation data.

At this meeting, the district proposes:

• Which areas will be evaluated
• What assessment tools will be used
• Who will conduct each part of the evaluation

You have the right to participate in shaping the evaluation plan. If you have concerns that the proposed evaluation doesn't cover all areas of suspected disability, say so. Request that specific areas be added. You can also bring documentation from outside evaluators or clinicians to inform the plan.

Once you sign consent for the evaluation plan, the 60-calendar-day evaluation timeline begins.

The 60-Day Evaluation Timeline

After you consent, Vermont gives the district exactly 60 calendar days to complete the evaluation and issue the Evaluation Plan and Report. This includes weekends, holidays, and school vacation weeks. The only exception: if you, as the parent, repeatedly fail to make your child available for testing.

Staffing shortages do not extend the deadline. If the district's speech-language pathologist is on leave and they need to hire a contractor to complete the evaluation on time, that is the district's problem to solve. If the 60 days expire and no report has been issued, that is a violation of Vermont Rule 2360 — document it in writing and consider filing an AOE administrative complaint.

If the District Denies Your Evaluation Request

The district can deny an evaluation request, but they must do so in writing, with specific reasons. Under IDEA and Vermont rules, this written denial (Prior Written Notice) must explain:

• Why the district is declining to evaluate
• What data they relied on in making that decision
• What alternative options were considered

A verbal "your child doesn't qualify" at a meeting is not legally sufficient. Demand Prior Written Notice in writing if the district declines to evaluate.

If you receive a denial and believe it's wrong, you have several options: request an IEP team meeting to discuss the evidence, file an AOE administrative complaint, or request mediation. You can also request an independent educational evaluation — though technically that right applies after a completed evaluation you disagree with, not a refusal to evaluate at all.

After the Evaluation

Once the evaluation is complete and the Evaluation Plan and Report is issued, the EPT meets again to review results and determine eligibility. Three criteria must all be met for an IEP in Vermont: the student has a qualifying disability, the disability has an adverse effect on educational performance, and the student requires specially designed instruction.

If eligibility is found, the team develops the IEP. If not, and you disagree with the evaluation findings, you have the right to request an Independent Educational Evaluation at public expense under Vermont Rule 2362.2.8.

The Vermont IEP & 504 Advocacy Playbook includes a ready-to-send evaluation request template that cites Vermont Rule 2360, an EPT meeting preparation checklist, and scripts for pushing back when the school tries to use the EST process to delay your evaluation request.

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