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How the school has to move

What you do, what the school must do, and what it means for your child. Parent education. Not legal advice. Form numbers below are Fairfax County examples where named.

  1. 1

    A report in a drawer does not start help at school

    What you do
    Keep the private evaluation. Use it to support your ask. Do not wait for it to act on its own.
    What the school must do
    Nothing happens until they receive a referral and run their own process.
    For your child
    A medical or private report can help your case. It does not replace a school evaluation.
  2. 2

    Ask in writing that they evaluate your child

    What you do
    Write a request that the school evaluate and consider a 504 or an IEP. Send it to the people who receive referrals — often the principal and the special-education designee. Keep a copy. Note the date they received it.
    What the school must do
    Log the referral and start their timeline from the day they receive it — oral or written.
    For your child
    This is the moment the school is supposed to stop saying “wait and see” and start looking at what your child needs.

    In Fairfax County, that referral is commonly logged on SS/SE-5 (Multipurpose Referral). Source: FCPS SS/SE-5; FCPS special education forms.

  3. 3

    The school gets 65 business days from receipt

    What you do
    Mark the date they received your referral. Count business days — not calendar weekends.
    What the school must do
    In Virginia, decide eligibility within 65 business days of the special education administrator or designee receiving the referral.
    For your child
    The clock starts at receipt — not at your worry, and not at a later eligibility worksheet.

    Source: 8VAC20-81-60. Fairfax also states eligibility within 65 business days of the referral on its procedural support timeline.

  4. 4

    Do not let “wait and see” replace evaluation

    What you do
    If the school only offers general-education interventions after a written referral, ask in writing whether they are refusing to evaluate — and ask for that refusal in writing.
    What the school must do
    Interventions and screening can gather information. They are not a substitute for evaluation once a written referral is in. In Fairfax, the local screening committee is supposed to meet within 10 business days of referral receipt.
    For your child
    “Wait and see” is the school delaying help. Your child should not lose months while adults hope things improve on their own.
  5. 5

    Consent, then ask them to look at every area you suspect

    What you do
    After the school proposes testing, consent in writing. Ask for evaluation in all areas of suspected disability. Name autism inside that request when it belongs there — do not make autism the only sentence. ADHD, reading / learning disability, and other suspected areas stay in the request.
    What the school must do
    Evaluate in the areas you and they identify. A single-category ask is easier for them to narrow or deny.
    For your child
    If your child panics under demands, ask for support language — Virginia does not use that as an eligibility box. “Emotional disability” is a label to question, not the goal.
  6. 6

    Eligibility is a later meeting — not the start of the clock

    What you do
    Go to the eligibility meeting. Bring your parent input. Ask how they decided.
    What the school must do
    Use basis-for-decision worksheets at eligibility. In Fairfax, SS/SE-10A is the Autism Basis for Committee Decision — a staff form used to show the basis for an autism eligibility decision.
    For your child
    That worksheet is not the letter that starts the 65-day clock. The clock already started when the school received your referral.

    Source: FCPS SS/SE-10A.

  7. 7

    Then a 504 or an IEP for your child

    For your child
    Once eligible, the plan is supposed to match what your child needs to take part and learn.

    504

    Changes that let your child take part when a disability substantially limits a major life activity. Specialized instruction is not required.

    IEP

    Teaching that changes — specialized instruction, related services, and goals. The heavier plan when how they teach has to change.

  8. 8

    You send it. Edvokit drafts.

    What you do
    Decide what goes to the school. Sign and send. Nothing on this site emails the school for you.
    What waits for an attorney
    Complaints, OCR, due process, and private-placement reimbursement wait for a paid partner attorney. Not a law firm. No fee split.
    For your child
    The point of the letter is help at school — evaluation, supports, and a plan that matches your child.
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