How to Get an IEP for Your Child in Nevada
To get an IEP in Nevada, ask your school in writing for a special education evaluation, then provide informed consent if the school proposes testing. A team including you reviews the results to decide whether your child qualifies under IDEA and needs special education; if eligible, the IEP team develops a written plan.
1. Request an evaluation in writing
Send a dated request to the principal and special education contact. Explain the educational concerns and the areas you want considered, such as reading, communication, attention or behavior. Keep a copy and evidence of receipt. A parent may request an initial evaluation; the school must evaluate when it suspects a disability and a possible need for special education.
An intervention program such as RTI or MTSS must not be used to delay or deny an evaluation when a disability is suspected. A request is not itself consent to testing, so ask how the school will seek informed parental consent.
Sample evaluation request letter
This general sample is selectable text, not a submission form. Adapt it privately before sending it directly to your school; no student information is submitted to Wynn Advocacy on this page.
Dear Principal and Special Education Team, I am requesting an initial evaluation under IDEA to determine whether my child needs special education and related services. I have concerns about educational progress and access to instruction. Please evaluate all areas of suspected disability. I will describe my specific concerns directly to the school in my private correspondence. Please confirm receipt of this request, explain the next steps for informed parental consent, and provide your procedural safeguards and the applicable evaluation timeline. If the district refuses to evaluate, please provide prior written notice explaining its decision and the information used. Thank you, Parent or guardian
2. Consent and the evaluation timeline
The school must provide notice and obtain informed parental consent before conducting the initial evaluation. Nevada NAC 388.337 generally requires completion of the initial evaluation within 45 school days after receipt of that consent, subject to the rule's exceptions. School days are not calendar days, and signing a request letter is not the same as signing evaluation consent.
Federal IDEA uses 60 days after consent unless a state establishes its own timeframe. Nevada's state timeframe applies here. Ask the district to identify the consent-receipt date, how its school calendar affects the deadline, and any exception it believes applies. Do not assume that the date of your request starts the testing clock.
The evaluation must use varied information, not a single test, and assess all suspected disability areas. You may share relevant observations and privately held records with the school. You should receive the evaluation report and eligibility documentation at no cost.
3. The eligibility meeting
A group of qualified professionals and the parent reviews the evaluation. Eligibility under IDEA requires a qualifying disability and, because of that disability, a need for special education and related services. A diagnosis alone does not automatically establish eligibility, and passing grades alone do not settle the question.
Ask the team to explain its reasoning, identify the needs found in the evaluation, and provide the written decision. You are a participant in this decision, not merely an observer.
4. Develop and begin the IEP
Under 34 CFR 300.323, the school must hold a meeting to develop the initial IEP within 30 days after determining that the student needs special education and related services. Services must be made available as soon as possible after development, with informed parental consent before initial services.
- Present levels of academic achievement and functional performance, including educational impact.
- Measurable annual goals and how and when progress will be reported.
- Special education, related services, accommodations and supports, with start dates, frequency, location and duration.
- Participation with nondisabled peers and assessment accommodations.
- Transition planning when applicable. Review the IEP at least annually.
5. If the district says no
Ask for prior written notice when the district refuses to initiate or change identification, evaluation, placement or FAPE. It must explain the refusal, the information used, other options considered and procedural safeguards.
If you disagree with a school evaluation, you may request an independent educational evaluation at public expense. The district must, without unnecessary delay, either fund it or request a hearing to defend its evaluation, subject to IDEA's rules. A denial does not guarantee a particular remedy. Nevada offers state complaints, mediation and due process for different kinds of disputes; consult an attorney about legal claims, hearings or deadlines.
Wynn Advocacy is an educational advocacy practice, not a law firm, and does not provide legal advice or legal representation.
Related Nevada Resources
Official Sources
Questions Nevada Parents Ask
Can a parent request an IEP evaluation?
Yes. A parent can request an initial evaluation. Put the request in writing and ask the school for its response, consent steps and procedural safeguards.
Does Nevada use a 60-day evaluation deadline?
Nevada generally uses 45 school days from receipt of informed parental consent under NAC 388.337, with exceptions. The federal 60-day rule applies where a state has not set its own timeframe.
Does a diagnosis automatically mean an IEP?
No. The evaluation team, including the parent, determines IDEA eligibility and whether the disability creates a need for special education and related services.
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