The school denied my request for an IEP evaluation
You asked, in writing or at a meeting, for an evaluation in a suspected area, and the school answered with a wait-and-see plan, an intervention chart, or nothing you can point to later. No: the district’s child find duty is to identify, locate and evaluate every child who may have a disability, and it does not wait for proof before an evaluation starts (34 CFR 300.111(a)(1)). 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
“Consistent with the consent requirements in §300.300, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.”
34 CFR 300.301(b)
You can open the request yourself, and the school then either sends consent forms or refuses in writing.
What to do this week, in order
List each suspected area — academic, behavior, communication, health, attendance, or social-emotional — with one dated example from a work sample, attendance record, or teacher email.
A one-page evidence list, one row per suspected area
Put the evaluation request in writing to the case manager and director, naming every suspected area on your list.
The emailed request, with a delivery or read receipt34 CFR 300.301(b)
Ask, in writing, whether an intervention program like RTI is the reason for the wait, and which suspected areas it does not cover.
The district’s written answer about its basis for waiting
If the district will evaluate only some suspected areas, ask for a separate consent form or refusal for each one.
A consent form or refusal notice for each suspected area
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- The director who decides evaluations, and whoever told you to wait
Dear [Director’s name], On [date of request], I asked, [in writing / at a meeting], for a full evaluation of [child’s full name] in [suspected area or areas]. Since then I have not received consent forms for those areas, and I have no written explanation for the wait. Please send the consent forms for each area I named, or explain any refusal in writing, naming the records behind it, under 34 CFR 300.503. [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
- Who can start an evaluation, and when (34 CFR 300.301)The quotation on this page.
- Identifying and evaluating suspected disabilities (34 CFR 300.111)Why a suspicion is enough to start.
- How an evaluation is conducted (34 CFR 300.304)Why one measure is not enough.
- 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.