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Letter 7: Follow-Up on an Unanswered Evaluation Request

When to Use It

Send this letter when your written request for an initial evaluation (Letter 1) has drawn no response. 10 school days of silence is long enough to wait. If your state sets a deadline for the district’s answer, send this letter the day that deadline passes.

Silence costs your child time, and here is why. The federal evaluation clock - 60 days, unless your state sets its own timeline, and many do - does not start until the district receives your signed consent (34 C.F.R. § 300.301(c)). You cannot sign a consent form the district has never sent. Every week without an answer is a week no clock is running. The district’s child find duty (34 C.F.R. § 300.111) does not allow it to wait you out. It has two lawful answers: send the consent form, or refuse to evaluate and give you prior written notice explaining why (34 C.F.R. § 300.503). Not answering is not one of its options.

Send it to: the director of special education, with a copy to the principal. Attach your original letter.