The district won’t reevaluate my child, even after I asked
Something has shifted since the last IEP, a new diagnosis, stalled progress, a crisis at school, so you asked in writing for a reevaluation and got silence or a flat no. Only if a reevaluation happened within the past year, and you have not agreed to another, does the timing limit apply; otherwise your written request is itself a trigger (34 CFR 300.303(a)(2) and (b)(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
“A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with §§300.304 through 300.311 … If the child’s parent or teacher requests a reevaluation.”
34 CFR 300.303(a)(2)
A parent’s own request counts on its own; the district cannot simply wait until it agrees the need is there.
What to do this week, in order
Write a short timeline: the date you asked, what changed since the last IEP, and whatever answer came back, including none.
Dated notes on what changed and any reply you got
Request, by email, the review of the evaluation data the team already holds in each area you named, and what it shows.
Your sent email, showing the date it went out34 CFR 300.305(a)(1)
If the district cites timing, compare the last reevaluation’s date against the one-year gap the rule allows.
The date of the last reevaluation34 CFR 300.303(b)(1)
When the team decides no new testing is needed, ask for that determination and its reasons in writing.
The written determination and its stated reasons34 CFR 300.305(d)(1)
Send the message below to whoever coordinates evaluations for the district, naming your concern and when you first asked.
The sent-folder copy, dated the day you sent it
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- Whoever coordinates evaluations for the district, with the case manager copied
Dear [Administrator’s name], On [date], I requested in writing that [child’s full name] be reevaluated in [area of suspected need], because [what has changed since the last IEP]. I have not had a decision either way. Please have the team review the evaluation data it already holds in this area, and tell me what that data shows. If the team decides no new testing is warranted, please send that finding and its reasons in writing, in the form 34 CFR 300.503 gives a refusal. Thank you, [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
- When a reevaluation happens (34 CFR 300.303)The trigger quoted above.
- Reviewing existing data before new testing (34 CFR 300.305)What the team reviews before new testing.
- Consent before a reevaluation (34 CFR 300.300)Why consent comes before testing again.
- 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.