The school says my child does not qualify for related services
You have asked, more than once, for occupational therapy, physical therapy, speech-language therapy or counseling to be added to the IEP, and the team keeps saying your child does not qualify. Not without an evaluation comprehensive enough to identify every related service your child may need, not only the one already on the table (34 CFR 300.304(c)(6)). 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
“… the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.”
34 CFR 300.304(c)(6)
The evaluation looks for every need, including a therapy nobody expects from your child’s disability label.
What to do this week, in order
List each related service you have asked for by name, the date you asked, and who turned it down.
A running list of each ask and its answer
If nobody has evaluated this need, request a reevaluation in that discipline in writing; a parent’s request is a trigger the rule names.
Your dated reevaluation request and signed consent34 CFR 300.303(a)(2)
When the team evaluates and still answers no, ask for a copy of the evaluation report and the documentation behind the decision.
The evaluation report and the group’s notes34 CFR 300.306(a)(2)
If you disagree with the district’s own evaluation of this need, ask for an outside evaluation in that discipline at no cost to you.
Your request for an outside evaluation, dated34 CFR 300.502(b)(1)
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- The therapy department’s supervisor, with the team lead who fielded the request
Dear [Supervisor’s name], I am asking again about [child’s full name]’s IEP, which does not include [related service, e.g., occupational therapy], though I raised the need on [date you asked] to address [what you have observed]. I still have no written answer. Tell me whether the team evaluated this need, and share its report along with the notes the group weighed. If the service stays off the IEP, send your answer as the notice IDEA sets out at 34 CFR 300.503, along with the data behind the call. Best, [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
- What counts as a related service (34 CFR 300.34)The list your request falls under.
- How far the evaluation reaches (34 CFR 300.304)Where today’s quotation comes from.
- Asking for an outside opinion (34 CFR 300.502)For disagreeing with the district’s evaluation.
- 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.