IEP, Evaluation, and Dispute Checklist: A Practical Checklist

Summary. A checklist for the whole sequence: the request that starts the clock, refusals, records, the goal and service tests, the follow-up email, independent evaluations, the service log audit, discipline, ESY and transition, and forum selection.

For doctrine, see Special Education Law. For the workflow, see Getting and Enforcing an IEP.

The habit that decides these cases: put everything in writing, dated, and keep a copy.

Phase 1 — Before you request anything

Dated log of observations kept for several weeks — behaviors, times, quotes, not conclusions.
Teacher asked in writing: where is my child performing relative to grade level, in specific terms; what have you tried; what happened.
The school's own benchmark and screening data requested — it is in the file.
Hearing and vision screening completed.
Pediatrician informed; log shared; referrals made.
Folder started: report cards · benchmarks · notes home · emails · work samples that show the problem.

Phase 2 — The evaluation request

Written, dated, emailed to the principal AND the special education director. Not handed to a teacher.
States: requesting a full and individual evaluation under IDEA and Section 504.
Lists specific concerns with data ("reading at a mid-first-grade level in third grade, per the school's fall benchmark").
Lists all areas of suspected disability: academic · cognitive · speech and language · OT/fine motor · functional behavior · social-emotional · assistive technology · hearing and vision.
Requests the consent form and the procedural safeguards notice.
Requests prior written notice of any refusal to assess in any area.
Consent signed and returned promptly — the 60-day clock runs from consent, not from the request.

Phase 3 — If the district says no

"Please provide prior written notice" sent, requesting: the action refused · the explanation · each procedure, assessment, record, and report relied upon · other options considered and why rejected · the parent's protections.
Known: RTI/MTSS may not be used to delay an evaluation once a disability is suspected.
Known: a district may not require completion of an intervention sequence before evaluating.
If the refusal stands → state complaint or due process, with the written notice attached.

Phase 4 — Before every meeting

Records requested five school days in advance, in writing: all evaluation reports and protocols · progress monitoring and benchmark data · service logs · behavior data and incident reports · work samples · any draft documents the district will present.
Evaluation read before the meeting. If delivered that morning → ask to reschedule, in writing.
Parent concerns statement written and sent in advance, with a request that it be attached to the IEP: what is working · what is not, with dates · observations at home · outside evaluations attached · what you are asking the team to consider.
Someone brought — friend, relative, or advocate. You have the right to bring individuals with knowledge or expertise.
Recording policy asked about in advance and in writing.

Phase 5 — In the meeting

Ask for data, not conclusions

"What was the baseline, what is the current level, how was it measured, and how often?"

Every goal must pass all four:

Baseline stated ("currently reads 42 correct words per minute")
Target measurable and specific ("90 correct words per minute at 95% accuracy")
Condition and measurement method stated ("given a second-grade passage, by curriculum-based measurement, weekly")
Appropriately ambitious in light of this child's circumstances — the Endrew F. question, asked out loud

Every service must specify all four:

Frequency · [ ] Duration · [ ] Location/setting · [ ] Provider type
Rejected: "as needed" · "consultation" · "support" · "when available"

Predetermination warning signs

A completed IEP presented at the start → "I'd like the team to develop the IEP in this meeting. May we start with present levels?"
"We don't offer that" → not a lawful answer. Services follow needs. Ask that the refusal be put in prior written notice.
"We can't afford it" → cost may inform a choice between appropriate options; it cannot justify an inappropriate one.

Before signing

Do not sign if unsure. You may take it home.
Consent to services and agreement with the IEP distinguished, and which you are giving stated in writing.

Phase 6 — Within 24 hours

Follow-up summary email sent: what was agreed · what was declined and the stated reason · what the district will provide and by when · confirmation the concerns statement is attached.
Closes with: "Please let me know if I have misstated anything."
Prior written notice requested for any refusal.

Phase 7 — Independent educational evaluation

Written disagreement with the district's evaluation stated, with the date of that evaluation.
IEE at public expense requested; district's criteria (cost, location, evaluator qualifications) requested.
Known: the district must fund it or file for due process without unnecessary delay — it may not simply refuse.
Private evaluation considered where speed matters; district must consider it regardless of who paid.
Evaluator selected who will observe in the school setting and write specific, implementable recommendations (what · how much · how often · by whom · in what grouping).

Phase 8 — The service log audit (the most provable violation)

Service logs requested each semester, in writing: date · duration · provider · setting of every session · reason for each missed session · how it was made up.
Arithmetic done: promised minutes × weeks vs. sessions actually delivered.
Accommodations implementation checked — ask the child, and ask each teacher in writing.
Progress reports arriving at the frequency the IEP requires.
Goals actually measured against the stated baselines.
If short → compensatory education requested in writing before escalating.

Phase 9 — Discipline

Every removal counted, including partial days and informal "come pick him up" days. (Districts frequently do not count the informal ones.)
At 10 cumulative school days → change of placement; obligations trigger.
Manifestation determination review demanded within 10 school days, asking both questions:
- Was the conduct caused by, or directly and substantially related to, the disability?
- Was it the direct result of the district's failure to implement the IEP? (Underused — an unwritten BIP, an absent aide, or unprovided accommodations answer it.)
FBA and BIP requested — before escalation, not after.
Services continue during any removal beyond ten days, regardless of the manifestation result.
Special circumstances (weapons, drugs, serious bodily injury) understood: up to 45 school days in an interim setting regardless.
Not yet identified? Protections asserted if the district had knowledge — a written parental concern, an evaluation request, or a teacher's specific concern.

Phase 10 — ESY and transition

Extended school year decided as an individualized regression/recoupment analysis — not by district policy, disability category, or program format.
ESY raised in April, not June.
Transition services by age 16 (earlier in many states), with measurable postsecondary goals for education, employment, and independent living — asked for by name.
Last two years: vocational rehabilitation application · adult services waiting lists joined (multi-year) · current evaluations obtained for college documentation.
Diploma decision understood — a regular diploma ends IDEA eligibility.
Age of majority planned for: supported decision-making · voluntary power of attorney · delegation of educational rights · guardianship as a last resort, not a default.

Phase 11 — Forum selection

Problem	Path
Services not delivered · timeline missed · IEP not implemented · records refused	State complaint — free, no lawyer, 60-day written decision
District refuses to evaluate or to add a service	Prior written notice first, then state complaint
Team stuck; communication broken down	Facilitated IEP meeting — free in most states
Genuine disagreement, both sides may move	Mediation — free, confidential, binding written agreement
Denial of FAPE · placement · reimbursement · compensatory education	Due process — the only forum for substantive relief; triggers stay put
Exclusion from a program, activity, or trip · retaliation · access	OCR complaint (504/ADA) — free, generally 180 days

Deadlines diaried: 2 years from knowledge for a due process complaint (or the state period); 90 days to appeal a hearing decision.
Stay put understood — the child remains in the current placement during a due process proceeding.
Resolution session within 15 days of a due process filing anticipated.

Phase 12 — Private placement

TEN BUSINESS DAYS' WRITTEN NOTICE given before removal — at the last IEP meeting on the record, or in writing. (Missing this is the most common reason reimbursement is reduced or denied.)
Notice states: rejection of the proposed IEP · why · the intended placement and start date · intent to seek reimbursement.
Three elements prepared: district denied FAPE · the private placement is appropriate (need not be state-approved) · the equities favor you (meetings attended, evaluations allowed, notice given).