The School Said No to My Evaluation Request

You asked the school to evaluate your child, and they said no. This happens more often than it should — and the good news is, the school can't simply refuse without following specific rules. They are required to give you a written explanation, and you have clear options for what to do next.

The Quick Answer

The school must give you a written document called Prior Written Notice explaining why they are refusing the evaluation. If they don't provide this, they're already violating the law. Whether or not they provide the notice, you have several ways to push back — including filing a complaint with the state.

Your Rights in This Situation

• The school must respond in writing. A verbal "no" is not enough. Under IDEA, the school must give you Prior Written Notice — a formal document explaining what they're refusing, why, what data they considered, and what other options were discussed.
• You can disagree. The school's refusal is not final. You have the right to challenge it.
• The school must still consider your concerns. Even if they decline to evaluate, they should be able to explain what they're doing instead to address your child's struggles.
• Child Find still applies. The school has an ongoing legal obligation to identify children who may have disabilities. If your child is struggling, the school needs to have a good reason for refusing to evaluate.

Common Reasons Schools Refuse (and Why They May Be Wrong)

• "Your child is passing their classes." Passing grades do not mean a child doesn't have a disability. A child can be working extremely hard to get by, or the work may not be at grade level. Grades alone are not a valid reason to deny an evaluation.
• "We want to try interventions first." The school can offer interventions, but they cannot use MTSS or RTI as a reason to delay or deny your evaluation request. These processes run in parallel — not as a prerequisite.
• "Your child doesn't seem to have a disability." The whole point of the evaluation is to find out. The school can't pre-determine the outcome and use that as a reason not to evaluate.

What to Do

1. Request the Prior Written Notice. If you haven't received one, send a written request (email is fine) saying: "I am requesting that you provide me with Prior Written Notice of your refusal to evaluate my child, as required under IDEA Section 300.503."

2. Review the school's reasons. Read the Prior Written Notice carefully. Does the school's explanation make sense? Did they consider all the information you provided?

3. Respond in writing. Send a letter explaining why you disagree with the school's decision. Include any evidence that supports your concerns — report cards, teacher comments, work samples, observations from home, or reports from private professionals.

4. File a compliance complaint. If you believe the school is violating Child Find by refusing to evaluate a child who may have a disability, you can file a complaint with the California Department of Education (CDE). The CDE will investigate and issue a decision within 60 days.

5. Request due process. If you want a legally binding order requiring the school to evaluate, you can file a due process complaint with the Office of Administrative Hearings (OAH).

6. Get an independent evaluation. You have the right to request an Independent Educational Evaluation at the school district's expense. This is a separate evaluation conducted by a qualified professional who doesn't work for the school.

Learn More

• Evaluation Rights — Full details on your right to request an evaluation
• Dispute Resolution Options — How to file complaints, request mediation, or pursue due process
• Independent Evaluations — How to get an outside evaluation at the school's expense