What to Do If the School Refused a Special Education Evaluation

If the school refused your request for a special education evaluation, it can feel confusing and frustrating. You’re worried your child may need extra support, and instead of getting help, you’re hearing no.

But here’s the truth: A school’s refusal is not the end of the road. You still have rights, and there are clear steps you can take to move forward.

Step 1: Know Your Rights Under IDEA

Under the Individuals with Disabilities Education Act (IDEA), you have the legal right to request that your child be evaluated for special education services. If the school refuses, they are required by law to provide a written explanation — called Prior Written Notice — that outlines why they are denying the evaluation.

If the school refused a special education evaluation, they must tell you why.

Your move: Ask the school to provide their decision in writing, including the specific reasons and any data they used.

Step 2: Request an Explanation for Why the School Refused a Special Education Evaluation

If the refusal was made verbally or during a meeting, follow up with a written request. This creates a clear record and helps you understand where the school is coming from.

Ask this:

“Can you please send me a written explanation of the decision not to evaluate my child for special education, including any information you used to make that decision?”

This is a critical step in advocating for your child and ensuring transparency.

Step 3: Gather Documentation That Supports Your Concerns

Now is the time to build a case. Collect any information that shows your child may need special education services. This can include:

• Report cards and standardized test scores

• Notes or emails from teachers

• Your own observations or notes

• Evaluations from pediatricians, therapists, or specialists

• Samples of your child’s work that show areas of concern

If the school refused your child’s special education evaluation, showing this documentation can help push the conversation forward, or support a formal complaint if needed.

Step 4: Consider an Independent Educational Evaluation (IEE)

If your child was evaluated but you don’t agree with the results, or if the school refused to evaluate at all, you can request an Independent Educational Evaluation (IEE) at public expense.

An IEE is a private evaluation conducted by an outside expert. While the school isn’t required to agree with the results, they must consider them when making decisions.

Tip: You do not have to explain why you disagree in order to request an IEE.

Use Highlighter to request an Independent Educational Evaluation (IEE). It's quick, easy, and totally free.

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Step 5: Use Dispute Resolution If Necessary

If your child’s school won’t budge, there are formal options available:

• Mediation: A free, voluntary process with a neutral third party

• State Complaint: You can file a complaint with your state’s department of education

• Due Process Hearing: A legal hearing where both sides present evidence and a decision is made

These steps are more formal but are designed to protect your rights and your child’s access to services.

Step 6: Get Support From Advocates or Legal Experts

You don’t have to do this alone. There are people and organizations whose entire mission is to help parents navigate situations like this.

Look for:

• Parent Training and Information (PTI) Centers in your state

• Local or national disability advocacy groups

• Special education advocates or attorneys

• Other parents who have navigated similar challenges

Bonus: Many of these services are free or low-cost.

Step 7: Stay Engaged and Keep Advocating

When a school refuses to evaluate your child for special education, staying involved is one of the most powerful things you can do. Keep showing up. Ask questions. Take notes. Follow up.

This shows the school you’re serious — and ensures that nothing gets overlooked.

Advocacy isn’t about being aggressive. It’s about being persistent, informed, and prepared.

Final Takeaway: A Refusal Isn’t the End

If the school refused a special education evaluation, that doesn’t mean your concerns aren’t valid. It means it’s time to take the next step. By understanding your rights, gathering evidence, and using the tools available to you, you can keep advocating for the support your child needs and deserves.

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