You Don’t Have to Wait: How to Refer Your Child to Special Education Right Now

By Christine Levy

As we move toward the end of the school year and closer to summer, families are often told some version of this:

• “Let’s wait until next year.”

• “We’ll revisit this in the fall.”

• “It’s too late in the year to start the process.”

Let’s be clear: You do NOT have to wait to refer your child to special education.

Through The Levy Way, we ground decisions in law, data, and student need—not timing, convenience, or district preference.

Can Parents Refer a Child to Special Education at Any Time?

Yes. Under federal special education law, parents have the right to request an evaluation for special education services at any time during the school year.

There is:

• No “cut-off” date

• No “too late in the year” rule

• No requirement to wait until September

If there is a suspected disability, the obligation to evaluate exists now, not later.

Why Schools Tell Families to “Wait”

This is one of the most common patterns we see. Schools may suggest waiting because:

• The school year is ending

• Staffing is limited

• They want more time to observe

• They are trying to manage the workload

But none of these reasons override your child’s rights. Convenience is not a criterion for delaying evaluation.

How to Take Action Now

If your child is struggling, follow the Levy Way strategy to help your child achieve milestones.

1. Put the Referral in Writing

Verbal conversations are not enough. Send an email requesting:

• A comprehensive special education evaluation

• Assessment in all suspected areas of disability

• Include concerns such as:

  • Reading (decoding, fluency, comprehension)

  • Writing (encoding, written expression)

  • Math

  • Attention, executive functioning

  • Social/emotional or behavioral needs

Once it’s in writing, the school begins its timeline for reviewing your child’s progress.

2. Bring Your Own Data (BYOD)

Do not rely solely on the school’s data. Bring your own documentation to the table, and be sure to include:

• Your child’s work samples

• Tutor reports

• Outside evaluations

• Emails documenting your concerns about your child or the school’s approach

• Screening data (if available)

Providing no data leads to delayed action. Bring your own documentation to the table to accelerate decisions.

3. Do Not Accept Informal Delays

You may hear: “Let’s see how they do over the summer” or “We’ll revisit next year”. You can respond with: “We are requesting a formal evaluation now based on suspected disability.”

4. Understand the Timeline

Once you submit a written request, the school must take the following actions:

• They must respond with either consent or refusal

• They must offer timelines for evaluation to begin upon consent

If the school doesn’t respond right away, keep following up. Waiting to refer will delay support by months.

What If the School Pushes Back?

If a school refuses to evaluate, you have the right to request: Prior Written Notice (PWN). This requires the school to document:

• What they are refusing

• Why they are refusing

• What data they used

Common Mistakes Families Make

• Waiting for the school to initiate

• Accepting verbal reassurances

• Delaying until the next school year

• Not putting requests in writing

• Assuming struggling = “they’ll catch up”

How This Connects to ESY and Summer Planning

Here’s what many families don’t realize: if you wait until fall, you miss the opportunity for summer evaluations, you delay potential ESY services, and you lose valuable intervention time. Referring now protects both the end of this year and the start of the next.

Schools may operate on calendars. Students do not. Through The Levy Way, we anchor decisions in student need, data, instruction, and outcomes, not in timing, staffing, or convenience.

If you are considering referring your child to special education, this is your signal. You are not early. You are responding appropriately. You do not need permission. You do not need to wait. You do not need to be convinced otherwise. You need to act.

Looking to have a team that has your back? Reach out to Levy Educational Advocacy now to help guide you through the extended school year process.