IDEA

What if the Request for IDEA Assistance is Denied or I Disagree with a Decision?

You may disagree with your child’s initial evaluation, or about what is included in his or her first IEP. You may also find later that you disagree with a re-evaluation of your child. Your school district should provide you with information about your rights to an appeal when you disagree. There are several steps you can take.

The first thing to do is to talk with the people involved so that you fully understand why they've made decisions. You can, for instance, ask your child's teacher about a specific issue you have with the way your child's education is progressing. If you disagree with recommendations in your child’s IEP, you can call an IEP team meeting.

If the initial evaluation finds that your child is not eligible under IDEA, you must receive a letter explaining why. If you disagree with this explanation, you may request an independent educational evaluation. This is an evaluation conducted by a qualified examiner who is not employed by the public school system. The school district may pay for this exam; however, the school district may hold a hearing to dispute the need for a second exam, arguing that its initial evaluation was correct. This hearing will decide whether the school district will allow a second, independent evaluation. If the hearing officers conclude that the school district’s initial evaluation does not require review, then you will have to pay for an independent evaluation.

You may choose mediation to settle a disagreement. This is a voluntary process in which a qualified and impartial mediator works to help you and the school district reach an acceptable solution. You are not responsible for the cost of this mediation. Any agreement reached between you and the school district must be set forth in a mediation agreement.

Another option when you disagree is to file a formal complaint stating that the school district has violated an IDEA requirement. To do this, send a letter to your state’s Department of Education, Office of Special Education, stating that you believe an IDEA requirement has been violated and provide reasons why you believe this to be true. Include in your letter as much relevant information as you have so that it can be reviewed. The state office may visit the school to conduct an evaluation and must decide on your complaint within 60 days of receiving your letter. It must send a written final decision that discusses your claims against the school district, and whether those concerns violate IDEA.

A next, more formal step is to request a due process hearing. This is a formal hearing before an impartial third party. Evidence concerning the decision in dispute is presented by both you and the school district. Witnesses can be questioned and cross-examined. You have the right to representation by an attorney. If you cannot afford a lawyer, contact the legal aid program in your community to determine if you qualify for assistance. Local advocacy groups may be able to advise you with respect to the appeal process, as well.

The hearing officer renders a decision based on the information presented at this hearing.