What to do if your school refuses to evaluate your child for an IEP

A few years ago, a mom in Pace called me on a Wednesday morning. The school had just told her, verbally, that they didn’t think her son needed an evaluation. He was reading two grade levels behind. He’d had three behavior incidents in October. His Tier 2 interventions weren’t working. And the IEP team had said “we’ll keep an eye on it” for the third year running.

Her question was reasonable: “Can they just do that?”

Short answer: no.

Long answer: they can refuse, but only on paper, with reasons, and with an explanation that has to hold up. Most refusals don’t survive the next step. Here’s how to take that next step.

What the law actually says

Under IDEA — specifically 34 CFR 300.301 — when a parent requests an evaluation for special education eligibility, the school district must respond. They have three options:

1. Conduct the evaluation within the state-required timeline (60 calendar days in Florida)
2. Refuse the evaluation in writing with a Notice of Refusal
3. Request additional information from the parent before deciding (this is allowed, but cannot be used to indefinitely delay)

Option 2, the written refusal, has specific requirements. The Notice of Refusal must:

• Identify the action the school is refusing (in this case, the evaluation)
• Explain why
• Describe the data the school relied on in making the decision
• Describe other options the school considered and rejected
• Inform the parent of their procedural safeguards (the right to disagree)

A verbal “we don’t think she needs it” doesn’t meet any of those requirements. It’s not a refusal. It’s a stall.

First move: get the refusal in writing

When the school tells you verbally that they’re not going to evaluate, your immediate response in writing should be:

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Subject: Notice of Refusal Requested – [Child’s Name], [School]

Dear [IEP Coordinator],

Thank you for the discussion on [date]. I understand the team is not currently planning to conduct an evaluation for special education eligibility.

Under IDEA and Florida State Board rules, I am requesting that the school district provide formal written Prior Written Notice of this refusal, including:

• The data the team relied on in making this decision
• The other options considered and rejected
• The specific reasons the team determined an evaluation is not warranted

I am requesting this notice within 10 business days.

Thank you, [Your name]

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About 40% of the time in my experience, the school then quietly proceeds with the evaluation. The written refusal is hard to draft, and once a team member sits down to write it, they often realize the data doesn’t support the refusal.

The other 60% of the time you get the written refusal. That’s actually good news, because now you have something to work with.

Read the refusal carefully

When the Notice of Refusal arrives, read it for three things:

1. What data did they cite?

Common cited data: report card grades, recent benchmark assessments, teacher observation notes, attendance, behavior referrals. Sometimes they reference Tier 2 intervention progress monitoring.

If the data they cited doesn’t actually support their conclusion (for example, citing improving grades when your child is still 18 months behind grade level), the refusal is weak.

2. What did they NOT consider?

Common omissions: outside evaluations you’ve shared, your specific concerns about regulation/sensory/social skills, recent behavior incidents, the gap between cognitive ability and academic performance.

A strong refusal addresses these. A weak refusal ignores them.

3. Is the decision framed as “child doesn’t qualify” or “child doesn’t need to be evaluated”?

These are different. “Doesn’t qualify” is a pre-judgment of eligibility (which they can’t make without evaluating). “Doesn’t need to be evaluated” is a procedural decision about whether to start the process. The first is usually a procedural violation. The second is a legitimate (but disputable) judgment call.

Second move: respond with what they missed

Now you write back. The response addresses each of the three points above.

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Subject: Response to Notice of Refusal – [Child’s Name]

Dear [IEP Coordinator],

Thank you for the Notice of Refusal dated [date]. I have reviewed it carefully and I would like to formally request that the team reconsider, based on data that does not appear to have been included in the original determination:

1. [Outside evaluation you have, if any. Include date and findings.]
2. [Specific data point the school missed. For example: “My son is 18 months behind grade level in reading per the Star assessment from [date], which the team did not address in the Notice of Refusal.”]
3. [Concerns the team did not address. For example: “I noted concerns about sensory regulation and social pragmatics in our [date] meeting. The Notice of Refusal does not mention either.”]

In light of this additional information, I am requesting that the team reconvene to consider whether an evaluation is warranted. If the team still declines after reviewing this information, I am requesting a renewed Notice of Refusal that addresses these specific data points.

I am also formally exercising my right under 34 CFR 300.508 to disagree with the team’s determination and reserve the right to file a State Complaint or Due Process complaint if we cannot reach agreement.

Thank you, [Your name]

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That last paragraph matters. You’re putting the school on notice that you understand your rights. Most school teams will not want to defend a weak refusal at the State Complaint level. A second meeting, with this letter on the table, often results in an evaluation being scheduled.

Third move: file the State Complaint

If the school holds firm after a second refusal, your next escalation in Florida is a State Complaint filed with the Florida Department of Education.

The State Complaint is:

• Free
• Filed by the parent without an attorney
• Investigated within 60 days
• Concluded with a written decision

You don’t have to be right on every legal nuance. The FDOE investigator reviews the record and applies the law. If the school’s refusal was procedurally defective (didn’t include the required data, didn’t address your concerns), the FDOE will order the school to conduct the evaluation.

A State Complaint is a paper exercise. You submit the timeline, the documents, and your statement. They do the rest.

This is also where I usually start working with families closely. The Coaching Session is a good way to decide whether your situation warrants a State Complaint and to walk through how to write it.

A note on relationships

I know this all sounds adversarial, and most families don’t want to “fight the school.” I taught with these teams. I know the staff are mostly good people doing hard work.

But here’s the truth I had to come to terms with as a parent: being polite about your child’s evaluation doesn’t get your child evaluated. The federal and state procedural rules exist exactly because school teams, given the choice between writing one more IEP and not, will sometimes choose not. That’s not malice. That’s load.

You’re not being difficult by exercising your rights. You’re being a parent.

If you need someone to read your specific Notice of Refusal and tell you whether it’s defensible, the Red Flag Audit covers that document the same way it covers IEPs. Send it in. We’ll walk through it together.