What to do if the school declines to evaluate

By the IEP Atlas editorial teamLast updated November 1, 2026

Short answer

If the school declines to evaluate your child, it must give you prior written notice that explains why, lists the data it used and tells you your rights. Read it closely, ask to meet about it, and share any new information. You can also ask for mediation, file a state complaint or request a due process hearing. Your state's parent center can help for free.

Hearing no after you ask for an evaluation is hard. You know something is wrong, and now the school says it does not agree. A refusal is not the end of the road. The law gives you a written answer and several ways to disagree.

This page explains what the school's answer must include, how to read it and what your options are. It is general information. Your state's rules add details, and a parent center can help you with your own situation.

What the school must give you

When a school refuses to start an evaluation, it must send you prior written notice. The notice must include:^[1]

What the school is refusing to do
Why it is refusing
Each evaluation, record or report it used to decide
Other options it considered, and why it turned them down
Any other reasons for its decision
A statement of your rights, called procedural safeguards, and where to get a copy
Places you can contact for help understanding your rights

The notice must be in language you can understand, and in your native language unless that is clearly not possible.^[1] A phone call or a hallway conversation is not prior written notice. If you only got a verbal no, ask for it in writing.

Annotated example: a refusal notice

Here is a made-up refusal notice. The notes after it point out what is strong and what is missing. Hold your own notice next to it.

"Action refused." Clear. The school is saying no to the evaluation.
"Reading scores are improving." Ask for the actual numbers. "Improving" can mean a lot or a little. Is she catching up with classmates, or still far behind?
"The team does not suspect a disability." This is the key reason. If you have information the team did not see, such as a doctor's letter or concerns at home, this is what to answer.
"Data used." Good that it is listed. Notice what is missing: your letter and your concerns. Ask whether the team looked at them.
"Options considered." Only one is listed. Ask what else was discussed, such as testing in one area.
"Procedural safeguards: enclosed." Keep this booklet. It explains how to disagree.

One more check: if the notice says the school wants to finish interventions first, that is not a valid reason on its own. Federal guidance says an intervention process cannot be used to delay or deny an evaluation when a disability is suspected.^[2] The page on whether a school can delay an evaluation for RTI explains more.

Questions to ask the team

You can use these words at a meeting or in an email:

"Can we meet so I can understand the reasons for the decision?"
"What data did you look at, and can I have copies?"
"Did the team read my letter and the concerns I listed?"
"What would you need to see to change this decision?"
"What help will my child get now, and how will you track progress?"
"When will you look at the data again?"
"Would the school agree to evaluate one area, such as speech or reading?"
"Could my child be considered for a Section 504 plan instead?"

Your options if you disagree

You have more than one path. Many families start with the first and move down the list only if needed.

Option	What it is	Good to know
Meet and share new information	Ask to talk with the team; bring notes, work samples, outside reports	Often the fastest path. A doctor's or tutor's report can change the picture
Ask again in writing	Send a new request with new information	The school must answer again with consent forms or a new notice
Private evaluation	Pay for testing outside school	The school must consider the results when it makes decisions^[3]
Mediation	A neutral person helps you and the school reach agreement	Free and voluntary for both sides^[4]
State complaint	A written complaint to your state education agency	The state investigates and decides, usually within 60 days^[5]^[6]
Due process hearing	A formal hearing before a hearing officer	Can be filed over a refusal to evaluate; more formal and time-consuming^[7]

You may have heard of an independent educational evaluation, or IEE, at public expense. That right applies when you disagree with an evaluation the school did.^[3] If the school has not evaluated at all, ask your parent center how your state handles this.

Other help your child can get now

A refusal under special education law does not mean your child gets nothing. Ask about:

Intervention in general education. Small-group help with a set schedule and progress checks. See pre-referral intervention examples.
A Section 504 plan. A Section 504 plan gives accommodations to a student with a disability that limits a major life activity, such as learning. It has its own evaluation process. See how to get a 504 plan.
A student study team. Many schools hold a team meeting to plan help. See SST vs IEP meeting.

What to do next

Ask for the refusal in writing if you did not get prior written notice.
Read the notice line by line. Use the annotated example above.
Write down what the school may not know. Homework struggles, behavior at home, health history, outside reports.
Ask to meet. Bring your notes and the questions above.
Keep everything. Save letters, emails, notices and notes with dates. The sample evaluation request letter shows how to put a new request in writing.
Call your Parent Training and Information Center. Every state has at least one. They help families for free and know your state's rules.^[8]

If the school later agrees to test, the IEP due date calculator shows the evaluation deadline from the day the school receives your signed consent. For speech concerns, see school speech-language evaluations. The full process is in the IEP evaluation process.

Frequently asked questions

Can a school refuse to evaluate my child?

Yes, if it does not suspect a disability. It must explain its decision in prior written notice, list the data it used and tell you your rights. You can disagree through a meeting, mediation, a state complaint or a due process hearing.

Will a doctor's diagnosis make the school evaluate?

A diagnosis does not automatically require an evaluation, but it is important new information. Share it in writing with a new request. The school must consider it and answer again.

How long does the school have to answer my request?

Federal rules do not set a number of days for answering a request, but many states do. The 60-day evaluation timeline starts only after you sign consent. Your parent center can tell you your state's rule.

Should I pay for a private evaluation?

That is your choice. A private evaluation can add strong information, and the school must consider it. It can be expensive, so ask your parent center about low-cost options first.

Use it in IEP Atlas

Sources

34 CFR §300.503: Prior notice by the public agency; content of notice, U.S. Department of Education (IDEA website)
OSEP Memo 11-07: Response to Intervention (RTI) (January 21, 2011), U.S. Department of Education, Office of Special Education Programs
34 CFR §300.502: Independent educational evaluation, U.S. Department of Education (IDEA website)
34 CFR §300.506: Mediation, U.S. Department of Education (IDEA website)
34 CFR §300.153: Filing a complaint, U.S. Department of Education (IDEA website)
34 CFR §300.152: Minimum State complaint procedures, U.S. Department of Education (IDEA website)
34 CFR §300.507: Filing a due process complaint, U.S. Department of Education (IDEA website)
Center for Parent Information and Resources, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.