Refusal to Evaluate


New Member
With school fast approaching I'm remembering all the aggravation I had last year when my son was in kindergarten. Everyone is saying that a school can't refuse an evaluation. but that is exactly what they did to us twice. We did everything correctly, in writing. Met with the child study team where they promptly dismissed our concerns. I requested prior written notice which they did send to me. They say there is no reason to evaluate him. I am not completely in the dark about things as I worked in Special Education. for 6 years. But since they just flat out refused I don't know what my next step is-should I get an advocate? I know things will go downhill quickly once he starts school,especially since he will now be there a full day. Some of the behavior problems at school are-not staying in seat,interrupting others,running around the classroom, jumping off chairs,demanding constant attention from the teacher and the worst is his hitting other kids. These are all complaints I have gotten from the teacher. As far as academically I see alot of problems as well. He is probably the oldest kid in his class as he turns 7 right after school starts. He does not recognize about 1/2 of the alphabet,can't identify numbers after 9, can only count to about 20, cannot read AT ALL, and can't even write his namecorrectly since they introduced lowercase letters. The teacher says this is acceptable, I tend to disagree.
What should I do?HELP!


New Member
I to went through the refusal for an evaluation.One of my boys was tested at school but had to high IQ they said to qualify.They refused to test my youngest based on his brothers IQ.I wrote requests and submitted them to the school district and school teacher,principal and Special Education dept.I also had my sons psychiatrist and therapist request testing as well.They have started the testing.Not sure this helps but it is trial and error.


They say there is no reason to evaluate him.

It'll help if we know if the refusal was put in writing from the sd to you. If it was verbal, it is a non-compliance issue.

From US Dept of Education (Fed Regs)

"…If, however, the public agency does
not suspect that the child has a
disability and denies the request for an
initial evaluation, the public agency
must provide written notice to the
parents, consistent with § 300.503(b)
and section 615(c)(1) of the Act, which
explains, among other things, why the
public agency refuses to conduct an
initial evaluation and the information
that was used as the basis to make that
decision. The parent may challenge
such a refusal by requesting a due
process hearing, but the timeline for
conducting the evaluation does not
begin prior to parental consent for

Comment: A few commenters
recommended that the regulations
clarify whether a public agency has the
right to deny a parent’s request for an
initial evaluation.
Discussion: The regulations are
sufficiently clear on this point. Section
300.503(a), consistent with section
615(b)(3) of the Act, provides that a
public agency may refuse to initiate or
change the identification, evaluation, or
educational placement of the child, or
the provision of FAPE to the child, if the
public agency provides written notice.
This includes situations in which a
public agency wishes to deny a parent’s
request for an initial evaluation. The
written notice must meet the
requirements in § 300.503(b). Thus, for
situations in which a public agency
wishes to deny a parent’s request for an
initial evaluation, the written notice
would provide, among other things, an
explanation of why the public agency
refuses to conduct an initial evaluation
and the information that was used to
make that decision. A parent may
challenge the public agency’s refusal to
conduct an initial evaluation by
requesting a due process hearing."

I recommend that you send another request using the format at It is VERY IMPORTANT to stay off the phone and send the letter via certified mail.

You can edit out the Parent Report info and submit it at a later date. It's important to retitle it Parent Input. They must consider "parent input" in the evaluation.

If you have notes from the teachers regarding behavior, hang on to them. If you don't have a log of contacts from the school (formal or informal), start one. It's more common than you may think for teachers to beg a parent for help, but their hands are tied by the district, and when you get into a meeting all comments are rosy, just "typical behavior," etc. You may need documentation to counter such sd maneuvers.

With this school district, you're probably going to need documentation. It's best to work on the premise that "if it's not in writing, it didn't happen." In the event you have to file a Complaint or go to Due Process, documentation will come in handy.

Finding a good advocate is a great idea.

Welcome to the site!


New Member
If you are going to file a complaint or take action legally you will want to document everything.Who you talked to,when,what time,copies of letters or e-mails.Keeping a journal of these things helped get the ball rolling as I informed the school of my records of trying to get him help.I wish you the best of luck.


New Member
Thanks for sending me over here nvts!
They did give us a refusal to evaluate in writing and we checked off the "Do Not Agree with Recommendation" box.
I have learned the hard way to get everything in writing-even refusing to speak to the teacher when she had a complaint(it was EVERY day) and telling her to put it in writing and send it home with him. I have tons of documentation also. Im going to check out those sites right now. Thanks for the help!


It is a very good idea to ask for the teacher's complaints in writing becuse when you have a large stack (of both academic and behavioral issues), when you request an evaluation pert the regs. Sheila gave to you, then will have no reason to refuse.

I am very leary of suggesting parents go to Due Process but "refusal to evaluate" in the face of SD produced evidence by the teacher is a pretty easy parent win. Most hearing Officers do not take kindly to a SD that will not even "look."

At a minimum, you need a good on-site advocate to request a DP hearing.

Half the expense of DP is borne by the SD, so there is some incentive for them evaluate when they strongly suspect they will lose.