The school says your child will "grow out of it," or that speech help doesn't need an Individualized Education Program (IEP). You're wondering what your child is actually entitled to, and whether "let's wait and see" is even allowed.
Here's the direct answer: under federal law, you can ask the school to evaluate your child in writing at any time. The school cannot make you wait first. And if a speech or language delay is affecting your child's learning, you have the right to a full evaluation to see if your child qualifies for services. This article walks through those rights and gives you the exact next step to take.
A quick note on the law. The rights below come from the Individuals with Disabilities Education Act (IDEA), the federal special education law that covers every public school in the country. State timelines and forms vary, so we'll stick to what's true nationwide.
You can request an evaluation in writing at any time
You don't have to wait for the school to suggest it. As a parent, you can ask for a free evaluation of your child, in writing, whenever you have a concern. An evaluation is the formal process the school uses to decide whether your child has a disability and needs special education services.
The school can't require you to wait, and it can't quietly delay while it "keeps an eye on things." Under IDEA, once you give written consent, the school has to complete the initial evaluation within 60 days, unless your state has set its own timeline. Some states use a different number of days, so ask your district what the timeline is where you live.
Put your request in writing, not over the phone. A dated letter or email starts the clock and creates a record. The Center for Parent Information and Resources has a model letter you can copy and adjust. Keep a copy for yourself.
Here's what a request can look like:
- State that you're requesting a full evaluation for special education eligibility.
- Name your specific concern, such as a speech or language delay.
- Include the date, your child's name, and your child's grade or teacher.
- Ask the school to respond in writing with next steps.
- Save a copy, and note the date you sent it.
Once the school gets your written request, it has to respond. It can agree to evaluate, or it can refuse. If it refuses, it must give you that decision in writing and explain why. That written notice is called prior written notice, and it's your record of what the school decided and the reason behind it.
"Let's try an intervention first" can't replace a real evaluation
Many schools use a support program before they evaluate. You may hear it called Response to Intervention (RTI) or Multi-Tiered System of Supports (MTSS). These are classroom strategies where the teacher tries extra help and tracks how your child responds over several weeks.
Support like that can be useful. What it can't do is delay or replace an evaluation you've requested.
The U.S. Department of Education made this clear in a 2011 guidance memo from its Office of Special Education Programs (OSEP). The memo, OSEP Memo 11-07, states that an RTI process cannot be used to delay or deny an evaluation for special education eligibility under IDEA. So if the school says, "Let's finish this reading program before we test," you can point back to your written evaluation request. The intervention and the evaluation can run at the same time.
This matters because weeks of "wait and see" can stretch into a lost school year. You don't have to choose between letting the school try something and getting a formal evaluation. You're allowed to have both.
Informal speech help is fine, but eligibility is your right
Sometimes a school offers speech help informally, without an IEP. A speech-language pathologist might pull your child for short sessions, or give the teacher some strategies. That can genuinely help, and there's nothing wrong with accepting it.
But informal help is not the same as an evaluation, and it's not the same as the protections that come with qualifying under IDEA. Speech and language have their own eligibility category in the law. IDEA defines a speech or language impairment as a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice problem, that adversely affects a child's educational performance.
Read that last part again: affects educational performance. If your child's speech or language delay is getting in the way of learning, talking, following directions, reading, or being understood in class, you have the right to a full evaluation to see if your child qualifies under that category.
If your child is found eligible, the help stops being informal. The school has to write an IEP, a legal document that spells out your child's specific goals, the services the school will provide, how often, and how progress gets measured. An IEP comes with protections that a casual arrangement does not. You're part of the team that writes it, and the school has to follow it.
So the question isn't whether informal speech help is "good enough." The question is whether your child needs an evaluation to find out what they're actually entitled to. That's your call to make, not the school's alone.
What to expect on timing
Here's the general sequence once you send a written request:
- You submit your written request. Date it and keep a copy.
- The school responds. It either agrees to evaluate and asks for your written consent, or it refuses and gives you prior written notice explaining why.
- You give consent. The evaluation clock starts. Under IDEA, the initial evaluation is due within 60 days of your consent, unless your state sets a different timeline.
- The team meets to review results. You're a member of that team. Together you decide whether your child is eligible.
- If eligible, the school writes an IEP. This is where services, goals, and progress measures get set.
If the school refuses to evaluate, that's not the end of the road. You have options, including asking for the refusal in writing and requesting a meeting to understand the decision. You didn't do anything wrong by asking, and your next step is still ahead of you.
Your next step
If your gut says something's off with your child's speech or language, you don't have to wait for the school to agree. Write the evaluation request, date it, and send it this week. That single letter moves you from "wait and see" to a real timeline with real deadlines.
If you'd rather not do this alone, Turnout can walk you through it. Our education advocates help you understand your rights, put the request together, and prepare for the meeting where the team decides. You can start by learning what an IEP is and what it covers, then reach out when you're ready.
You know your child better than anyone. The system has a process for exactly this situation, and you're allowed to use it. Talk with an education advocate today.
Frequently asked questions
Can the school make me try an intervention before they'll evaluate my child?
No. Once you request an evaluation in writing, the school can't require you to complete a Response to Intervention (RTI) program first. OSEP Memo 11-07 from the U.S. Department of Education states that an intervention process can't be used to delay or deny an evaluation. The intervention can continue while the evaluation happens. Send your request in writing and keep a dated copy so there's a clear record of when you asked.
Does my child need an IEP to get speech help?
Not always. A school can offer informal speech help without an IEP, and that support can be useful. But if a speech or language delay is affecting your child's learning, you have the right to a full evaluation for eligibility under IDEA. If your child qualifies, the school must provide services through a written IEP, not just informal help. Ask for the evaluation in writing to find out which path fits your child.
How long does the school have to evaluate my child?
Under IDEA, the school must complete the initial evaluation within 60 days of getting your written consent. Some states set their own timeline, which can be shorter or counted differently, so ask your district what applies where you live. The clock starts when you sign consent, not when you first raise a concern. That's why putting your request in writing and dating it matters.
What if the school refuses to evaluate?
The school can say no, but it has to tell you in writing and explain why. That written explanation is called prior written notice. Read it closely, because the reasons the school gives are your starting point for a response. You can request a meeting to talk it through, provide more information such as a doctor's note, or ask an education advocate for help. A refusal isn't the final word.
