Is Your Student Being Overlooked?

Schools might deny an evaluation request for various reasons, including the student performing at or above grade level, recent interventions showing improvement, or if the school believes the issues are not related to a disability, but they must provide written reasons for denial and information on how to challenge it. 

Schools might complete an evaluation, and your child may not qualify for Special Education or Section 504.

Denial of an evaluation or eligibility is often due to one of the following:

• Their difficulties aren’t severe enough to impact grades or academic performance significantly.

• They are twice-exceptional-gifted students that also have a learning disability or other neurodiversity who struggle in specific areas and excel in others, performing well overall.

• They have subtle challenges that make school difficult for them; they over preform causing significant stress, but at school they do well enough that a formal evaluation isn’t triggered.

• If the school has implemented interventions and the student's performance is improving, they might deny an evaluation, believing the interventions are sufficient.

• If the student is newly enrolled in school, the school might argue that it's too early to determine if they have a disability.

• If the student has recently been evaluated, the school might deny a request for another evaluation. 

What to do:

• Request a written explanation:

  Under the Individuals with Disabilities Education Act (IDEA), the school must provide you with a written explanation of why they are denying the evaluation request. 

• Ask for details:

  Don't hesitate to ask for more information about the school's reasoning. 

• Seek clarification:

  If you don't understand the school's reasons, request a meeting to discuss the matter further. 

• Consider a private evaluation or request an Independent Educational Evaluation (IEE):

  If you disagree with the school's evaluation or denial, you can seek a private evaluation or request an IEE, where you choose your own evaluator, and the school must consider the results. 

• File a complaint or seek due process:

  If you are unable to resolve the issue with the school, you can file a complaint with your state's education agency or seek due process through the legal system. 

• Advocate for your child:

  Remember that you are your child's advocate, and it's important to stay informed and actively participate in the special education process.