Hearing "no" at a meeting is frightening and frustrating. Before you decide what to do next, get the denial itself into writing. Words said across a table can be disputed later. A written denial can be read, dated, and kept.
When a school refuses to test your child, refuses to find your child eligible, or refuses a change you asked for, it must give you prior written notice (34 CFR §300.503). The notice must say what action it is refusing, explain why, describe the information it relied on, describe the other options considered and why they were rejected, and tell you where to get a copy of your rights.
If the school said no but never gave you that notice, ask for it in writing: "Please provide prior written notice of your refusal, as required by 34 CFR §300.503." The school's written reasons show you exactly what you need to answer.
The most common reason parents hear is grades: your child is passing, so the school says there is no problem. Passing grades are one piece of information, not the whole picture. A child can be moved up a grade and still be struggling, or still be missing skills the grades do not show.
Answer with facts. In writing, name the homework time, the tests that went badly, the teacher comments, or the work samples that worry you, with dates. Ask the school to explain, in its written notice, what information it used besides grades. Grades alone do not answer your concerns.
You do not have to use every step. But know the windows, because waiting can close them.
If you disagree with the school's testing, you may have the right to an independent educational evaluation at public expense, meaning testing by a qualified person who does not work for the school, paid for by the school (34 CFR §300.502). Ask in writing. The school must then either agree to pay or take steps to defend its own testing.
You can file a signed, written complaint with your state education agency saying the school broke a special education rule. The complaint must allege a violation that happened not more than 1 year before the state receives the complaint (34 CFR §300.153(c)). Send a copy to the district at the same time, and keep proof of both.
A due process complaint asks for a hearing before an impartial hearing officer. The federal window is 2 years from when you knew or should have known about the action you are challenging (34 CFR §300.507(a)(2)), with narrow exceptions. This step has its own forms, so get advice from a special education attorney or your state's funded parent centre before you file.
Mediation and a further meeting are also worth asking about in writing. Sometimes a clear written record changes a decision without any formal filing.
Date every letter you send and keep proof of delivery. Follow up every call with a short email confirming what was said, and file replies in date order. Your dated folder is what makes your account clear if you use any step above.
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Rules checked October 2026 — every rule on this page is cited to its source. Verify day counts against your district's official calendar.