How to Request an IEP Evaluation in Virginia (Step-by-Step)

The most common mistake Virginia parents make when seeking a special education evaluation is making the request verbally. A conversation with the classroom teacher, a phone call to the principal, a verbal mention at a conference — none of these start Virginia's legal clock. Only a written request does.

Here is exactly how to request an IEP evaluation in Virginia, what to say, who to send it to, and what happens next.

Who Has the Right to Request an Evaluation?

Under 8 VAC 20-81 and IDEA, any of the following can make a referral for special education evaluation:

• A parent or legal guardian
• A teacher or school staff member
• A physician, social worker, or other licensed professional
• The student themselves (in certain circumstances)

Parents who submit their own written referral are in the strongest legal position because they can document exactly when the request was received, triggering the 65-business-day timeline.

Step 1: Write the Request Letter

Your letter does not need to be elaborate or use legal language. It does need to be specific enough to make clear what you are asking for and why.

Here is a template you can adapt:

[Your name] [Your address] [Date]

[Principal or Special Education Director name] [School name and address]

Dear [Name],

I am writing to formally request a comprehensive special education evaluation for my child, [child's full name], currently enrolled in [grade/class] at [school name].

I have concerns that [he/she/they] may have a disability that is adversely affecting [his/her/their] educational performance. Specifically, I am concerned about [describe your areas of concern — e.g., significant difficulty with reading and decoding, behavioral challenges that are impeding learning, inability to maintain attention that is causing academic skill deficits, emotional regulation difficulties affecting school attendance and participation].

I am requesting that the evaluation be comprehensive and include all areas of suspected disability, including but not limited to: [list specific areas — e.g., cognitive ability, academic achievement, phonological processing, executive function, social-emotional functioning, speech and language].

Please provide me with written confirmation of receipt of this request and a proposed timeline for the evaluation, consistent with Virginia's 65-business-day requirement under 8 VAC 20-81-70.

Thank you for your attention to this matter.

Sincerely, [Your name] [Your phone number and email]

Step 2: Deliver It in a Way You Can Document

How you deliver the letter matters as much as what it says. Options:

• Email to the principal and special education director — email creates an automatic date stamp and delivery record. Request a read receipt.
• Hand delivery to the school office — ask the receptionist to date-stamp a copy for you and keep it.
• Certified mail — creates a postal tracking record of delivery.

Avoid relying on your child to pass a note to the teacher. The letter must reach the special education administrator — the clock starts from receipt by that specific person, not the classroom teacher.

Step 3: Understand What Happens Next

After receiving your request, the school must either:

• Agree to evaluate and seek your written consent — the 65-business-day clock begins when the special education administrator receives the referral
• Decline to evaluate and issue a Prior Written Notice (PWN) documenting the reasons

If the school agrees to evaluate, they will send you a consent form specifying what areas will be assessed and what tools will be used. Review this carefully. If areas you specifically requested are missing, note that in writing before signing.

Step 4: What You Can Do If the School Refuses

A refusal to evaluate is documented in a PWN, which must explain:

• The reason for refusal
• The data used to make that decision
• Other options the school considered

If you disagree with a refusal, you have two options:

1. Request an IEE at public expense — not applicable here since there is no school evaluation to disagree with, but you can obtain a private evaluation and request that the IEP team consider its findings
2. File a VDOE state complaint with ODRAS alleging that the school failed to appropriately respond to a referral — this is appropriate when the school's refusal appears to violate Child Find obligations

Virginia's Child Find obligations under 8 VAC 20-81-50 require school divisions to actively identify children with suspected disabilities. A written referral from a parent that describes specific, observable educational concerns should trigger an evaluation in virtually all cases. A refusal without compelling data-based justification may be challengeable.

What the 65 Business Days Actually Means

Once consent is given, the 65-business-day countdown begins. To put this in context:

• 65 business days = approximately 13 calendar weeks
• During a typical school year that runs September–June, a referral in October would need a completed evaluation and eligibility determination by approximately late January
• The school cannot extend this deadline without your written agreement to do so

If the timeline is approaching and the evaluation is not complete, follow up in writing — email the special education director noting the referral date and the 65-business-day deadline.

After the Evaluation: Your Rights

Regardless of the outcome, you have the right to:

• Receive all evaluation reports at least two business days before the eligibility meeting
• Have evaluation results explained to you in plain language
• Request an IEE at public expense if you disagree with any aspect of the evaluation
• Consent to or refuse an initial IEP — no services can be implemented without your written consent

If your child is found not eligible: Request a PWN documenting the decision and rationale. If you disagree with the evaluation, request an IEE.

If your child is found eligible: The school has 30 calendar days to develop the IEP. Your written consent is required before services can begin.

The Virginia IEP & 504 Blueprint includes a complete evaluation request letter template, a checklist for tracking the 65-business-day timeline, and next-step guides for every possible evaluation outcome.

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