"We'll Try It Informally First": Why This Phrase Is Dangerous and What to Say Back

Your child is struggling. You've talked to the teacher twice. You've sent emails. You've asked what the school can do.

The response comes in a meeting or a phone call: "We'd like to try some informal supports first and see how things go. We'll check back in six weeks."

It sounds collaborative. It sounds like the school is taking it seriously. It is almost certainly buying time — at your child's expense.

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In my experience, the phrase "try it informally first" is often well-intentioned on the teacher's part and deliberate on the district's. Teachers genuinely want to help without escalating. But "informal" has a specific meaning in this context: it means nothing is documented, nothing is enforceable, and no clock is running. Your child can fail for an entire school year while the district builds a record showing it "tried supports" — and that record is often used to justify delaying a formal evaluation that should have happened months earlier. — Tabaitha McKeever, M.Ed., Special Education

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What "Informal" Actually Means

Informal supports are interventions the school implements without any formal process. No evaluation. No written plan. No IEP. No 504. They might include things like preferential seating, the teacher checking in more often, a lunch group with the counselor, or modified assignments.

None of that is documented in a way that creates legal obligations. If the informal supports don't work, the school isn't required to do anything specific next — because nothing was formally promised. If your child makes no progress during those six weeks, the school's response is often another round of informal supports, followed by another.

This can go on for an entire school year. Longer.

What the Law Actually Says

IDEA's Child Find provision requires school districts to identify, locate, and evaluate all children with disabilities in their jurisdiction who may need special education — including children who have not been referred by a parent (34 C.F.R. § 300.111). That obligation exists regardless of whether a formal referral has been made.

When a district has reason to suspect a child may have a disability, Child Find is already triggered. Offering informal supports instead of an evaluation isn't a legally valid response to that suspicion — it's a delay.

Once a parent makes a written request for a special education evaluation, the clock starts. The district must provide written notice of whether it agrees to evaluate within a reasonable timeframe, and if it agrees, the evaluation must be completed within the timeline set by state law — typically 60 days from the date of signed consent. That timeline doesn't start with "we'll try some informal things first." It starts when you put your request in writing.

The Response to Intervention Problem

Many districts use a Multi-Tiered System of Supports (MTSS) or Response to Intervention (RTI) framework — a structured process for providing tiered interventions before or alongside the evaluation process. Tier 1 is classroom-level support; Tier 2 is targeted small-group intervention; Tier 3 is intensive, individualized support.

MTSS and RTI are legitimate tools. They are not a legal substitute for a timely evaluation. IDEA is explicit: a district cannot use RTI to delay conducting a timely evaluation (34 C.F.R. § 300.309(c)). If your child has been in Tier 2 or Tier 3 supports for a semester or more without a formal evaluation, the district may be using the framework to avoid its obligations.

"We're going to try Tier 2 first" and "we're going to evaluate your child" are not mutually exclusive. They can — and often should — happen at the same time.

Why Districts Do This

The reasons are structural, not always personal. A formal evaluation costs money — evaluator time, specialist reports, team meetings. An IEP costs money — service hours, related services, progress monitoring. Informal supports cost almost nothing and create no legal obligations.

A district that informally supports a child for six months before evaluating has also built a record showing it was "responsive" before the formal process began. If the parent later pursues due process or files a state complaint, that record matters.

Understanding why the offer is made helps you respond to it more clearly.

What to Say

The most important thing you can do is submit a written request for evaluation — today. Not after the informal supports are tried. Not in six weeks.

You don't have to be adversarial about it. You can say this directly:

"I appreciate the willingness to try additional supports. I'm also going to submit a written request for a special education evaluation today. I understand both things can happen at the same time — I'd like to proceed on both tracks."

Put the evaluation request in writing, addressed to the principal or director of special education. State clearly: "I am requesting a full and individual evaluation of [child's name] for special education eligibility." Keep a copy. Note the date. The clock starts when they receive it.

You are not required to try informal supports first. You are not required to wait any amount of time before making a formal request.

If You've Already Been Waiting

If your child has been in informal supports for months with no progress and no formal evaluation — the delay itself may be a Child Find violation. You can still submit a written evaluation request today. You can also file a state complaint alleging that the district failed to conduct a timely evaluation when it had reason to suspect a disability existed. The fact that informal supports were tried while the referral was delayed is documented in the school's own records.

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Frequently Asked Questions

If I agree to try informal supports, does that waive my right to request a formal evaluation? No. You can agree to try informal supports and simultaneously request a formal evaluation. Agreeing to one does not waive your right to the other. If the school implies otherwise, that is incorrect.

How do I submit a formal evaluation request? Write a letter or email addressed to the school principal or the district's director of special education. State clearly that you are requesting a full individual evaluation of your child for special education eligibility. Include your child's name, grade, and the areas of concern. Keep a copy of the letter and note the date it was sent or delivered. Many states have model request letters available through the state's Parent Training and Information Center (PTI).

The school says my child doesn't qualify for special education. Can I still request an evaluation? Yes. The school's belief that a child doesn't qualify does not eliminate its obligation to evaluate if there's reason to suspect a disability. If the school refuses to evaluate after your written request, it must provide written notice explaining why — and you have the right to challenge that refusal through mediation, due process, or a state complaint.

What if the informal supports are actually helping? If informal supports are working, that's a good outcome — and you can continue them. You can also request a formal evaluation to document what's helping and whether a 504 plan or IEP might formalize those supports in a way that travels with your child to the next grade or school. Progress without documentation doesn't follow the child when a teacher changes or a school year ends.

How long can a district keep a child in "informal supports" before being required to evaluate? There is no IDEA-specified number of days. But IDEA's Child Find obligation means the district cannot indefinitely delay evaluation when it has reason to suspect a disability. If a child has been in Tier 2 or Tier 3 supports for more than one full academic year with no formal evaluation, that timeline warrants scrutiny and potentially a state complaint.

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If your child has been in informal supports for months with no formal evaluation and no progress — the IEP & ARD Paperwork Review Service can help you identify what documentation you have, what the school is required to do, and how to put the formal process in motion.

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The information in this post is for general educational purposes only and does not constitute legal advice. Evaluation timelines and Child Find requirements vary by state. Contact your state's Parent Training and Information Center (PTI) or a qualified special education advocate for guidance specific to your situation.

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For more on your rights when the school won't act, see What to Do When the School Denies Your IEP Request or visit Start Here for an overview of how the evaluation and IEP process works.