Nothing from my child’s private evaluation appears in the IEP
You gave the school a private evaluation, and the IEP that came out of the next meeting reads like nothing was ever handed over. No: a report you paid for and handed over is one the district has to consider, provided it fits agency criteria, whenever it decides what FAPE looks like for your child (34 CFR 300.502(c)). Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.
What the rule says
“Review existing evaluation data on the child, including— (i) Evaluations and information provided by the parents of the child”
34 CFR 300.305(a)(1)(i)
A report you bring is first on the list of data the team reviews whenever it weighs your child’s needs again.
What to do this week, in order
Lay the private evaluation next to the IEP the team wrote afterward, page by page, and mark each recommendation missing from it.
A marked comparison, recommendation against IEP page
Write the case manager a numbered list of the missing recommendations, and ask which meeting weighed each one and what it decided.
Your numbered list and the manager’s dated reply
Turn the comparison into a written request naming one recommendation and the report it came from, and send it to whoever reviewed the evaluation.
Your dated request and its delivery confirmation
Ask for an IEP meeting, since revising the plan to address information you provided about your child is one of the review’s named purposes.
An item-by-item answer on each missing recommendation34 CFR 300.324(b)(1)(ii)(C)
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- Whoever reviewed the private evaluation at the school, or the case manager
Dear [Case Manager], I sent [child’s full name]’s private evaluation from [evaluator or clinic name] to the school on [date shared], and it recommends [recommendation]. Nothing on the current IEP, page [page], reflects that recommendation, and I don’t know whether the team looked at it. Please put in writing whether the team weighed this recommendation, its conclusion either way, and the data behind that conclusion. Where the team sets a recommendation aside, I would like it explained under 34 CFR 300.503, in writing. Respectfully, [Your name]
If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).
When to escalate, and to whom
Escalate when the written answer is a no, or when the record you built this week draws no answer at all.
| The path | The count | How it runs |
|---|---|---|
| A state complaint | 60 days to a decision | A signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c) |
| Mediation | Voluntary, at no cost to you | You and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b) |
| A due process complaint | 2 years to file | A hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a) |
Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.
This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.
Have the pages this dispute is about read back to you, free.
The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.
Review my IEP — freeFree, no card. It reads your pages and contacts no one.
Where this comes from
- Reviewing existing evaluation data (34 CFR 300.305)The list quoted above.
- Evaluations you obtain and share (34 CFR 300.502(c))The rule the answer names.
- Revision after new information (34 CFR 300.324(b))Where the fourth move points.
- Prior written notice (34 CFR 300.503)What every no owes you.
When the paragraph needs to become a full letter, the letter templates carry one for each request.