How to Request an IEP Evaluation in Wisconsin: What to Write and Send

Asking your child's teacher whether they might qualify for special education is not the same as requesting an IEP evaluation. A conversation, a phone call, an email that says "I'm wondering if my son needs more help" — none of these start the legal clock. Only a written referral explicitly requesting a special education evaluation triggers Wisconsin's 15-business-day response timeline. Here's exactly what that letter needs to say and do.

Why the Letter Matters

Under Wisconsin Statutes § 115.777 and PI 11.03, any parent who believes their child may have a disability can submit a written referral requesting an initial evaluation. Once that referral is received, the district has 15 business days to respond with either a consent form for additional testing or a formal notice that no additional testing is needed.

Without a formal written request, there is no legal timeline. Districts can delay informally for months — and many do. Parents who have been told to "try interventions first" or "let's see how things go next semester" are often in this situation: they've had conversations but never submitted a written referral. The fix is simple but must be done deliberately.

What the Letter Must Include

Your evaluation request letter doesn't need to be long, but it needs specific elements to be effective:

1. A clear statement of what you're requesting. Use direct language: "I am formally requesting a comprehensive special education evaluation for my child, [Name], under the Individuals with Disabilities Education Act and Wisconsin Statutes § 115.777."

2. Your child's identifying information. Full name, date of birth, school building, grade, and teacher. This prevents administrative confusion about which student the referral covers.

3. A description of the specific concerns. The law requires a "reasonable belief" that a disability exists. Document observable behaviors: academic struggles in specific subjects, attention or behavioral issues that interfere with learning, difficulties with reading, writing, or math that differ from same-age peers, social or emotional challenges that affect daily school functioning. Be specific — "struggles with reading" is weaker than "reads at least two grade levels below peers and was unable to pass the third-grade reading benchmark despite tutoring."

4. A citation of the 15-business-day response requirement. Include this sentence: "I understand that under PI 11.03, the district must respond within 15 business days with a request for consent for testing or a written notice that no additional testing is needed."

5. Your contact information and signature. The letter must be signed to be a valid referral.

6. How you're sending it. Email with a read receipt, or certified mail, so you have a documented timestamp. The 15-day clock starts when the district receives the letter — you need proof of receipt.

Who to Send It To

Address the letter to the district's special education director. You can also CC the building principal and your child's current teacher. Sending it to the special education director directly ensures it reaches someone with the authority to initiate the process — sending it only to the classroom teacher risks delays if the teacher doesn't know what to do with it.

If you don't know who the special education director is, the district's main office can tell you. Many districts also list this information on their website.

What Happens After You Send It

Within 15 business days, the district must contact you with one of two things:

Option A: A consent form for additional testing. This is DPI Form ED-1 and an accompanying request for consent. Once you sign consent, the 60-day evaluation clock starts. The district must complete a comprehensive evaluation and hold an IEP team eligibility meeting within 60 days of your signature.

Option B: A written notice that no additional testing is needed. The district may determine, based on a review of existing data, that they have enough information to determine eligibility without new testing — or that the existing data shows the child doesn't meet eligibility criteria. This must be a written notice, and you have the right to disagree with it and request additional testing.

If you receive no response within 15 business days, document it. Send a follow-up letter noting the date your original request was received and that the response deadline has passed. This creates the paper trail you'll need if you file a DPI state complaint.

If the District Refuses to Evaluate

A district that refuses to evaluate your child must still issue a Prior Written Notice (PWN) on DPI Form M-1 explaining:

• What they're refusing to do
• Why they're refusing
• What data or records they relied on to make this decision
• What other options they considered

Verbal refusals — "we think the interventions are helping" or "we don't think she qualifies" said in a meeting — are not legally sufficient. If the district refuses to evaluate and doesn't give you a written PWN, send a letter requesting one and cite Wisconsin Statutes § 115.792.

If the district's written PWN states they're refusing to evaluate because they want to complete more RtI tiers first, note that this is not a legally valid basis for refusing a parental evaluation request under IDEA. A district may use RtI data as part of an evaluation, but it cannot use the RtI process as a prerequisite for accepting your referral at all.

Getting the Letter Right the First Time

The Wisconsin IEP & 504 Advocacy Playbook includes a complete, fill-in-the-blank evaluation request letter template pre-drafted with the correct Wisconsin statutory citations. You fill in your child's name, your specific concerns, and send it — typically in under 15 minutes. It also includes a timeline tracker so you know exactly when your 15-day and 60-day deadlines fall, and a follow-up letter template for when the district goes silent.

Getting this first letter right is worth the extra attention. A well-crafted referral forces a formal response, creates a legal record, and signals to the district that you understand the process — which changes the dynamic of every interaction that follows.

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