Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

Special Education Rights

How to Dispute an IEP Decision: Your Options Under IDEA

Schools don't always get it right. IDEA gives parents real tools to challenge decisions they disagree with. Here's how each option works and when to use it.

Meghan Moore, BCBA, M.A. Special Education

Start With an IEP Meeting

Before filing a formal complaint or due process request, request an IEP meeting in writing. State your specific concerns clearly. This creates a written record and sometimes resolves disagreements without formal action.

If you disagree with a school decision after the meeting, document your objection in writing. You can write on the IEP signature page that you disagree with specific portions, and follow up with a written letter to the special education director.

IDEA's Three Formal Dispute Resolution Options

IDEA provides three formal mechanisms for resolving disagreements between parents and schools:

State complaint: filed with the state education agency, focused on IDEA violations
Mediation: voluntary process with a neutral third party
Due process hearing: formal legal proceeding before an impartial hearing officer

State Complaints

A state complaint is filed with your state's department of education alleging that the school district violated IDEA. You do not need a lawyer to file a state complaint. The state must investigate and issue a written decision within 60 days.

When to Use a State Complaint

State complaints work best for clear, documentable violations of IDEA, such as:

School failed to provide services listed in the IEP
School missed evaluation or IEP meeting timelines
School failed to send required progress reports
School did not provide prior written notice before changing placement
School denied a request for evaluation without proper procedures

State complaints can result in orders for compensatory services, corrective action plans, and reimbursement in some cases. They are not designed for disputes about the substance of an IEP, such as whether the school's proposed goals are appropriate.

Mediation

Mediation is a voluntary, confidential process in which a neutral mediator helps you and the school reach an agreement. The state must provide mediation at no cost to parents. Mediation is faster and less adversarial than a due process hearing.

Mediation can be used at any time, including before filing for due process. It can be a good option when both sides want to reach a workable solution and the relationship with the school is still intact. A signed mediation agreement is legally binding.

The school cannot require you to go to mediation before requesting a due process hearing. Mediation is always voluntary for parents.

Due Process Hearings

A due process hearing is a formal legal proceeding before an impartial hearing officer. Either parent or school can file. The hearing officer reviews evidence, hears testimony, and issues a binding written decision.

When to Consider Due Process

Due process is appropriate when:

You and the school have a fundamental disagreement about your child's program that informal processes have not resolved
The school has denied services your child needs and you have documentation to support your position
You are seeking compensatory education for missed services
You want to challenge a placement decision

Resolution Period

After you file for due process, the school must convene a resolution meeting within 15 days. This is an opportunity to settle before the hearing. Many due process cases resolve at this stage. If the case doesn't settle, the hearing must be completed and a decision issued within 45 days after the resolution period ends.

Do You Need a Lawyer?

You are not required to have a lawyer, but due process hearings are adversarial legal proceedings. Schools almost always appear with legal representation. If your case involves significant services or placement decisions, an attorney who specializes in special education law is worth consulting. Some states have nonprofit organizations that provide free or reduced-cost legal help in special education cases.

The Stay-Put Provision

While a due process case is pending, your child has the right to remain in their current educational placement. This is called the "stay-put" or "pendency" provision. The school cannot unilaterally change your child's placement during a dispute unless you agree to a change or a court orders one.

This is a significant protection. If the school tries to reduce services or change placement while you are in dispute, cite the stay-put provision in writing.

The Two-Year Statute of Limitations

IDEA has a two-year statute of limitations for due process complaints. You must file within two years of the date you knew or should have known about the violation. Some states have shorter timeframes. Do not wait to pursue a claim if you believe your child's rights have been violated.

Independent Educational Evaluations

If you disagree with the school's evaluation of your child, you have the right to an independent educational evaluation (IEE) at public expense. The school must either pay for the IEE or file for due process to defend its own evaluation. Request an IEE in writing and ask the school to provide their criteria for evaluators.

Frequently Asked Questions

What are my options if I disagree with my child's IEP?

IDEA provides three formal dispute resolution options: state complaints (filed with the state education agency), mediation (a voluntary process with a neutral mediator), and due process hearings (a formal legal proceeding). You can also request an IEP meeting to raise concerns informally first.

What is a due process hearing?

A due process hearing is a formal legal proceeding before an impartial hearing officer. The officer reviews evidence and testimony and issues a binding decision. It is similar to a court proceeding and schools almost always use legal counsel.

What is a state complaint and when should I file one?

A state complaint is filed with the state education agency alleging an IDEA violation. The state investigates and issues a decision within 60 days. It works best for clear procedural violations, like missed timelines or failure to provide required services.

What happens to my child's placement while a dispute is pending?

Under IDEA's stay-put provision, your child remains in their current educational placement during due process proceedings, unless both parties agree to a change or a court orders otherwise.