Tag: prior written notice

When a student is struggling in school and there is reason to suspect the challenges are disability related, anyone can refer the student for an educational evaluation. If the evaluation shows that the student is eligible, services are provided through an Individualized Education Program (IEP). Washington State requires special education referrals to be in writing, as specified in Washington Administrative Code (WAC 392-172A-03005).

If someone who knows the student asks for an evaluation, the school is responsible for:

• Documenting the request
• Recording the date the referral was made
• Providing a referral form in the person’s native language
• Responding to the request within 25 school days

If the person asking for the evaluation cannot write, the school is responsible for supporting them to complete the referral.

The school must provide a referral form in the native language of the person making the request. Schools are required to provide qualified interpreters to support parent participation in the referral process and for all meetings where a student’s eligibility and/or educational services are discussed. The Office of Superintendent of Public Instruction (OSPI) provides Parent Rights Information Sheets, downloadable in many languages on the Interpretation and Translation Services webpage.

When a student is referred for a special education evaluation, the school has 25 school days to decide if they will do the evaluation. These are days when students are actually in school. The school must tell the family their decision in writing. This letter is called a Prior Written Notice (PWN), and it follows rules from WAC 392-172A-05010.

Usually, the school and family meet to talk about the referral and how the student is doing. If everyone agrees to move forward, the parents or caregivers sign a form giving permission for the evaluation to begin. Families can ask questions about what the evaluation will include. The school will look at all areas where the student might need help. This helps them understand the student’s strengths and challenges. If the student qualifies for special education, the results will help create a plan called an Individualized Education Program (IEP).

If the school decides not to evaluate and the family disagrees, the family has the right to take steps to solve the disagreement. These steps are explained in the procedural safeguards.

When the school agrees to evaluate the student, staff must promptly seek parent consent to begin the evaluation process (WAC 392-172A-03005).

Generally, parents sign a form that lists what the school will include in its evaluation. Parents can ask for additional areas to be evaluated to make sure the school gets data for all areas of concern. Families can ask for more information about what the evaluation will look like, where it will take place, how long it will take, and who will participate. The school and family can creatively plan the evaluation process if accommodations are needed. For example, if a student isn’t able to attend in-person school, the evaluation can be done in alternative locations.

After a parent signs consent, the school has 35 school days to finish the evaluation and meet with the family to talk about the results. The deadline may be extended if the family agrees, particularly to accommodate needs of the family or student.

The 35-day deadline does not apply if the student is unavailable for the evaluation or enrolls in another school district before the evaluation is finished (WAC 392-172A-03005).

For students found eligible for services, the school develops an IEP within 30 calendar days and requests parent consent for services to begin. The school and family meet to review a DRAFT version of the IEP and write a final version together before consent is signed. School staff provide a Prior Written Notice (PWN) with a summary of the meeting, agreements, and timelines before services start. PWN requirements are described in WAC 392-172A-05010.

The Office of Superintendent of Public Instruction (OSPI) is the guidance agency for Washington State. OSPI provides a Referral for Special Education Evaluation form, downloadable in multiple languages from a website page titled, Model Forms for Services to Students in Special Education. Families may use OSPI’s form, a form provided by their school, or their own choice of format to write their request for a student to be evaluated.

Further explanation of the referral and evaluation process is provided on the OSPI website page, Making a Referral for Special Education.

A non-discriminatory evaluation is part of the protections for a student with a known or suspected disability that may significantly impact their access to education (Child Find Mandate). Child Find protections are part of the federal Individuals with Disabilities Education Act (IDEA). Child Find applies whether there are academic and/or non-academic school impacts.

PAVE provides more detail about IEP eligibility and evaluation process: Evaluations Part 1: Where to Start When a Student Needs Special Help at School.

Below is a sample letter to write a request for a special education evaluation. You can copy and paste the text of this sample letter into your word processor to build your own letter.

Download the Sample Letter to Request an Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

The state provides an alternative form, downloadable from OSPI’s website page titled, Making a Referral for Special Education. Your school district is responsible to provide a form, in your language, for you to submit your written request. These formats are your choice—any written request is valid. If you cannot write, you can ask for an evaluation by telling the school and they can write the request with you.

Submit your written request through email, by mail, or by hand delivery, to the special education/special services manager at your school’s district office. You may submit additional copies to school administrators and/or a school psychologist—the person who manages evaluations for your school. Be sure to keep copies of all of your communications with the school in an organized, safe place.

A request for a special education evaluation is NOT a recommendation to remove a student from the regular classroom and move them into an exclusive learning environment. Federal and state laws require that students receive education and services in the Least Restrictive Environment (LRE) to the maximum extent possible to meet their needs. Special Education is a service, while LRE refers to placement. You can read more about this in the PAVE article, Special Education is a Service, Not a Place. Decisions about placement are made by the IEP team, which includes the family. The IEP team is responsible to consider the child’s circumstances and capacities as its top priority—not pre-built programs or district resources. The PAVE article, Parent Participation in Special Education Process is a Priority Under Federal Law, provides detail about parent participation in special education process.

If a student is evaluated and found not eligible for an IEP (or if the school refuses to do an evaluation), the family has the right to dispute the decision using Procedural Safeguards.

If they disagree with the district’s evaluation or its findings, the family may seek an Independent Educational Evaluation (IEE), which is done by an agency outside of the school district. The district must pay for an IEE or deny the request using Due Process. See PAVE’s article: Evaluations Part 2: Next Steps if the School Says ‘No’ to Your Request. The article includes a sample letter to request an IEE.

Another option if a student doesn’t get an IEP is to develop a Section 504 Plan, which accommodates a person with a disability that impacts a major life activity (learning, walking, speaking, writing, socializing…). Section 504 is part of the Rehabilitation Act of 1973, which protects the civil rights of individuals with disabilities against discrimination throughout their lives. See PAVE’s article about Section 504 rights, which also protect students who qualify for an IEP: Section 504: A Plan for Equity, Access and Accommodations.

Requesting a special education evaluation is a straightforward process that begins with a written referral. By following the required steps and understanding your rights, you can help ensure your student receives the support they need. Whether you use a formal form or write your own letter, the request must be clear and submitted in writing. This step initiates the evaluation process and ensures the school is legally obligated to respond.

• Where to Begin Toolkit: A comprehensive guide for families navigating the special education process, including sample letters and timelines.
• PAVE Sample Letters to Support Family Advocacy: Provides downloadable sample letters for various special education requests, including evaluations and dispute resolution, to help families communicate effectively with schools.
• OSPI – Making a Referral for Special Education: Step-by-step guidance on how to submit a referral, who can refer, what to include, and what happens next.
• OSPI – Special Education Resource Library: Searchable library of guidance documents, technical assistance papers, and training materials.