My child won’t go to school, and the IEP hasn’t moved
Mornings have turned into a fight to get out the door, even though an IEP is already in place: late arrivals, a stop in the nurse’s office, a class walked out of, more absences than not. No: a drop in functional performance this steep is the very need the district’s own reevaluation trigger names, and leaving the IEP untouched does not answer it (34 CFR 300.303(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
“If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation”
34 CFR 300.303(a)(1)
Functional performance is on the list by name, so a refusal pattern is evidence of need the district is meant to act on.
What to do this week, in order
Log every refusal morning as it happens: the time, what came right before it, and which supports were already in place.
Refusal mornings, each with its own dated entry
Name anxiety, social-emotional functioning, or whatever the refusals point to in a written reevaluation request to the case manager.
The written request and its response34 CFR 300.303(a)(2)
Put the paragraph below into today’s email to the director and case manager, so the date is on record.
The sent email, with a receipt or read date
When the log shows the pattern holding, ask the team whether the supplementary aids and services listed still match what mornings look like now.
What you asked for, and how the team responds34 CFR 300.320(a)(4)
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- The director, with the counselor cc’d
Dear [Director’s name], Attendance has become a struggle for [Child’s full name], whose IEP was last updated on [IEP date]: late arrivals, walkouts, or absences on [number] mornings, beginning [first date] and continuing through [last date], recorded in my attached log. Please tell me whether the team has looked at this pattern against the current supports and program modifications, what still needs updating, and when we can meet about it. If the team decides against any of this, please have the refusal come back as prior written notice, spelling out its reasons under 34 CFR 300.503. Respectfully, [Your name] [Phone] · [Email]
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 is required (34 CFR 300.303)Both triggers, the quoted one first.
- The aids an IEP lists (34 CFR 300.320)The supports the last move checks.
- Behavior supports the IEP can raise (34 CFR 300.324(a))What the team can add for behavior.
- 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.