Getting What Your Child Needs · Evaluation Rights

The School Denied My IEP Evaluation Request, What Can I Do?

Parents have the right to request a special education evaluation at any time. When a school refuses that request, they are required to explain why, in writing, with specific legal grounds. If their reason doesn’t hold up, or if you disagree, you have clear options. Here’s what to do.

Your Right to Request an Evaluation

Under IDEA, parents can request a comprehensive evaluation to determine whether their child is eligible for special education services at any time, not only when a teacher refers the child, not only at the beginning of the year. The request should be in writing so that the school’s response timeline can be tracked.

Once the school receives your written request, two things must happen:

1. They must respond with a Prior Written Notice (PWN) either agreeing to evaluate or explaining in writing why they’re declining
2. If they agree to evaluate, you must consent before the evaluation begins

When Can a School Legally Decline an Evaluation?

A school can decline your request for an evaluation, but they must have a legitimate reason supported by data, not just a general sense that your child “seems fine.” Legally defensible reasons to decline may include:

• The child was recently evaluated and the results don’t suggest a disability (though “recent” must be genuinely recent and the evaluation must have been comprehensive)
• Available data, grades, standardized test scores, classroom observations, prior evaluations, doesn’t support a reasonable suspicion of disability

What is not a legally sufficient reason to decline:

• The child is passing their classes or performing at grade level in some areas (a student can be working far harder than peers to maintain grade-level performance due to a disability)
• The child has already been evaluated for a different concern
• The school “doesn’t see what you’re describing at home”, parent reports are valid data that must be considered
• Budget or staffing constraints

Step 1: Read the Prior Written Notice Carefully

If the school declines your request, they must send a PWN explaining:

• The specific reason for the refusal
• What data or information the decision is based on
• What alternatives were considered and why they weren’t chosen
• Your procedural rights, including how to challenge the decision

Read this notice carefully. Does the reasoning make sense given what you know about your child? Is it based on current data, or outdated information? Does it address the specific concerns you raised?

Step 2: Respond in Writing

If you disagree with the school’s reasoning, respond in writing. Reference specific information that contradicts their basis for denial, private evaluation results, teacher observations, medical records, or your own documented observations. Ask for a meeting to discuss the decision and present additional information.

Sometimes the written exchange itself resolves the situation, when the school sees that you have additional documentation they weren’t aware of, they revisit the decision.

Step 3: Get a Private Evaluation

A private evaluation from an independent neuropsychologist, educational psychologist, or relevant specialist can establish the basis for special education need independently of the school’s determination. When you bring private evaluation results to the school, the team is required to consider them, and if those results demonstrate a qualifying disability, it becomes much harder to maintain a denial.

Step 4: File a State Complaint

If the school denied your evaluation request without adequate written justification, or if their justification is contradicted by available data, you can file a complaint with the state education agency. In North Carolina, complaints are filed with the NC DPI Exceptional Children Division.

The state complaint process investigates whether the district followed proper procedures. A denial without adequate PWN, or a denial based on clearly insufficient reasoning, may result in an order requiring the district to conduct the evaluation.