Tag: Evaluation request

Evaluations Part 2: Next Steps if the School Says ‘No’

Posted on by Nicol Walsh

Families may feel uncertain or discouraged when a school denies a request for special education evaluation or finds a student ineligible for services. Fortunately, there are steps families can take to respond, seek clarification, and continue advocating for their child’s needs. Understanding available options and protections can help families take informed action and make decisions that support their child’s access to appropriate educational services.

A Brief Overview

  • If the school denies a request for a special education evaluation or does an evaluation and determines a student is ineligible for services, families have options.
  • Schools must issue a Prior Written Notice (PWN) explaining their decision to evaluate or deny a request.
  • Students who do not qualify for an IEP may still be eligible for a Section 504 Plan.
  • Procedural Safeguards provide a specific process for special education and offer families the right to file formal complaints when they disagree with school decisions.
  • When there is a dispute about a district’s evaluation, one option is to request an Independent Educational Evaluation (IEE) from a provider outside of the school district. This article includes a downloadable sample letter in multiple languages to help with that process.
  • PAVE supports students and families navigating educational services. Click Get Support at wapave.org to request 1:1 support.

Introduction

Parents have a variety of choices if the school denies a request to evaluate a student for special education, or if the school does an evaluation and finds the student ineligible for services through an Individualized Education Program (IEP). These decisions can feel discouraging, but they do not mark the end of the road. Under the Individuals with Disabilities Education Act (IDEA) and its implementation through Washington Administrative Code (WAC 392-172A), families have the right to challenge decisions, seek clarification, and request further evaluation. Understanding these options can help families take informed next steps and ensure that their concerns are heard and addressed.

Ask for the Decision in Writing

The school is required to respond through a formal letter, called Prior Written Notice (PWN), to explain its rationale for moving forward with an evaluation or denying the request. If the explanation is unclear or lacks detail, families can ask for a more complete written response. Schools may not deny an evaluation based on internal resource limitations or staffing challenges. According to the Child Find Mandate of IDEA, schools are obligated to evaluate any student with a known or suspected disability, regardless of whether other classroom supports are being used. For example, schools may implement approaches like Response to Intervention (RTI) to support learning, but these methods cannot be used to postpone or deny assessment when a disability is suspected.

Request a Meeting

Discussing a student’s difficulties in a meeting, in-person or virtually, can help school staff understand a parent’s level of concern. A district representative, such as a director of special education, can provide insight about the process and additional options. Parents can invite anyone they would like to attend who has knowledge of the student, including a support person to take notes and help track the conversation.

Is a Section 504 Plan Appropriate?

If a student has a known disability, with some educational impacts, but there is no documented need for Specially Designed Instruction (SDI) and/or related services, the student might qualify for accommodations provided through a Section 504 Plan.

Section 504, which is part of the Rehabilitation Act of 1973, defines disability as an impairment that impacts a major life activity. A formal evaluation is helpful but not required, and parent involvement is best practice. The team asks:

  1. Does the student have a disability?
  2. Does the disability limit one or more major life activities?

If the answer to these two questions is yes, the school can develop a plan to support the student within the general education setting. Assistive technology and modifications to the curriculum can be part of the plan, which includes individualized accommodations to ensure the student is able to access school in ways that are equitable. PAVE provides an article with more information about Section 504.

Options When Resolution Requires More Support

Families are protected by Procedural Safeguards, which outline a specific processes for resolving disagreements in special education. When informal conversations don’t lead to resolution, options such as mediation, community complaint, and due process may be appropriate. PAVE’s article, When Parents and Schools Disagree: Navigating Special Education Disputes, offers clear guidance on these pathways and what to expect. 

If a school denies a request for a specific evaluation, such as a Functional Behavioral Assessment (FBA) or an assistive technology evaluation, families can still pursue dispute resolution options. These types of assessments may be essential for understanding a student’s behavioral needs or identifying tools that support access to learning. Requests for these evaluations are protected under the same legal framework as other special education decisions, specifically the procedural safeguards.

The Office of Superintendent of Public Instruction (OSPI) provides assistance to navigate these processes through a Special Education Parent Liaison, and families may also seek help from the Governor’s Office of the Education Ombuds for collaborative problem-solving. For personalized assistance, PAVE supports students with disabilities and their families. Click Get Support at wapave.org to request 1:1 support.

Request an Independent Education Evaluation (IEE)

Families who disagree with a school district’s evaluation results have the right to request an Independent Educational Evaluation (IEE) conducted by a qualified professional outside the district. An IEE can offer additional information that may support the need for Specially Designed Instruction (SDI) and/or related services.

If the school district denies a request for an IEE at public expense, the district must initiate a due process hearing within 15 calendar days to show that its evaluation was appropriate.

When an IEE request is accepted, the school district provides a list of independent evaluators. Parents have discretion to call each one or to seek an alternative evaluator at their own expense before choosing who will evaluate the student. The school must consider the results of the IEE when deciding whether the student qualifies for special education programming.

Sample Letter to Request an IEE

Download the Sample Letter to Request a Functional Behavioral Assessment (FBA) in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Families can email the IEE request letter, send it by certified mail (and keep the receipt), or hand carry it to the district office and request a date/time receipt. It is important to keep a copy of this letter and all school-related correspondence in the student’s home records. Organizing with a binder or a filing system helps with keeping track of all letters, meetings, conversations, etc. These documents will be important for student throughout their educational career and beyond, including when they transition out of school.

Final Thoughts

When a school says “no,” it can feel like a door has closed—but that moment can also mark the beginning of a more empowered path forward. Each action a family takes is a meaningful expression of care and commitment. Family caregivers should trust their instincts, lean on trusted resources, and reach out for support. Persistence paired with informed choices can lead to real change and this journey is about more than advocacy—it’s about championing a child’s right to thrive.

Learn More

How to Request an Evaluation for an Individualized Education Program (IEP)

Posted on by Nicol Walsh

Use this step-by-step checklist to track your child’s progress through the evaluation process.

Download this information as a Fillable PDF

Child Find is the requirement that all school districts must identify all children within their boundaries, ages birth through 21 who have disabilities. Any child can be brought to the attention of a school district by any person (parent, school personnel, or others), if there is concern about how the child learns or functions in school. Evaluation is the process used to determine if a student is eligible for services and in what area(s) services need to be provided. Washington implements the Individuals with Disabilities Act (IDEA) regulations governing evaluation for special education in WAC 392-172A.

Step 1: Write a letter requesting an evaluation for an IEP.

Keep a copy for your student’s home file. Mail the letter to the school principal and district special education administrator return receipt requested, or get a “received” signature when you hand-deliver the letter to the school office. Your letter of request sets a timeline in motion (WAC 392-172A-03005), giving the school district 25 school days to respond.

Keep the following dates in mind:

  • Date of Mailing
  • Date Received
  • Add 25 school days from the date received
  • Response due

Step 2: Review the written response from the school, known as the prior written notice (PWN).

The school will provide a written response regarding their decision to evaluate or deny the request, along with a copy of the procedural safeguards – a document outlining your rights and information about the appeal process if the evaluation is denied. If the school denies your request to evaluate, carefully review the reasoning behind the decision and consider your options as laid out in the procedural safeguards.

The Individuals with Disabilities Education Act (IDEA) requires that schools give parents or guardians of students who may be eligible for special education an explanation of their rights, called procedural safeguards. OSPI has shared the statewide procedural safeguards in many languages on their website. You may also access the procedural safeguards for your child’s school on the district website.

The procedural safeguards include the process for resolving disputes between the school district and the parent. If a school district denies a parent’s request to evaluate their child for special education needs, these safeguards give the parent options to ask for help or appeal the decision.

Step 3: Sign the school district’s consent form giving permission to evaluate.

The evaluation will not begin until you have provided written consent. Usually, consent must be given by signing a specific consent form provided by the school or district office. If the parents refuse to give consent, the student remains in general education without services.

Step 4: Review the list of areas the school intends to evaluate.

Evaluation must be done in all areas related to the suspected disability, per WAC 392-172A-03020. More than one test or procedure must be used to determine the student’s eligibility or disabling condition and/or to determine the student’s appropriate program. Families can request additional areas to include in the evaluation, including a Functional Behavioral Assessment, for example.

The school must notify parents of the time and place of any meeting, which discusses eligibility, evaluation, or identification of their child as a student with a disability. Parent participation is a protected right (WAC 392-172A-05001).

Step 5: Gather requested information and documentation.

Depending on a student’s suspected areas of disability (see categories listed below), the district may need medical information. However, the school cannot delay the evaluation while requiring parents to get that medical information.

Step 6: Schedule medical evaluations as needed.

A school cannot require a parent to provide a medical diagnosis to evaluate a student. However, a diagnosis can provide helpful information. The school could request a medical evaluation, at no cost to the parent, if medical information would support decision-making.

If medical information is necessary for an eligibility determination, the district must pay for the outside evaluation. OSPI includes more detail about these requirements in a Technical Assistance Paper.

Step 7: Transport your child to any evaluations conducted outside of their regular school day.

A team of individuals evaluates the child. Members of this team include, but are not limited to: therapists, psychologist, school nurse, special education teacher, regular education teacher and parent. Each professional team member must have the necessary credential in his/her area of expertise.

Tests must be administered in the student’s primary language or mode of communication and must not be culturally or racially biased. Tests must be administered by qualified personnel and in conformance with the instructions of the test producer.

Step 8: Request a copy of the evaluation report to review before the eligibility meeting.

An evaluation report must be given to the parents. It contains information about the evaluation, what tests were given, the results, implications for programming, and recommendations.

Step 9: Carefully read the evaluation report and the results of each evaluation.

An evaluation report must be given to the parents. It contains information about the evaluation, what tests were given, the results, implications for programming, and recommendations.

Step 9: Carefully read the evaluation report and the results of each evaluation.

If parents do not agree with the results of the evaluation, they can request an independent educational evaluation (IEE), at public expense. This should be done in writing because this request begins a 15-day timeline for response from the school district. The only way the district can deny the request is by calling for a due process hearing within 15 calendar days to show their evaluation is appropriate. Use this Sample Letter to Request an IEE to draft your request.

If a child with a disability is ineligible for an IEP, they may be eligible to receive accommodations and modifications under Section 504.

Note that a medical diagnosis does not automatically mean a student needs a 504 Plan. Doctors cannot prescribe a 504 plan—only the 504 team can make that decision. However, the 504 team must consider all information provided as part of its evaluation process. Regulations concerning evaluation for services under Section 504 are contained in the Nondiscrimination Rehabilitation Act of 1973, Section 504 and are referred to in WAC 392-172-02000.

PAVE’s policy is to offer support, information, and training to families, professionals, and those interested in various topics. Please note that PAVE is not a legal services agency and cannot provide legal advice or representation. The information is not intended for legal counsel and should not be used as a substitute for legal advice.