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 If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it.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.

IEP & Mental Health

IEP for Anxiety and Depression: Can My Child Qualify?

Anxiety and depression are not just home problems. When they affect how your child functions at school, they may be the basis for an IEP.

Meghan Moore, BCBA, M.A. Special Education

How Anxiety and Depression Fit Into Special Education Law

IDEA does not list anxiety or depression by name. Instead, these conditions may qualify a child for special education under the Emotional Disturbance (ED) eligibility category, which includes conditions such as anxiety disorders, depression, and mood disorders that adversely affect educational performance over a long period of time and to a marked degree.

In some cases, anxiety or depression may also qualify under Other Health Impairment (OHI) if the condition limits alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment. Some states allow anxiety to qualify under OHI rather than ED, so your state's specific practices matter.

The Eligibility Test

Three things must be true for your child to qualify for an IEP based on anxiety or depression:

Your child has a qualifying disability (emotional disturbance or other health impairment based on anxiety or depression)
The disability adversely affects educational performance
Your child needs special education as a result

Adverse effect on educational performance is broader than failing grades. It includes inability to complete work due to anxiety, school avoidance or refusal, inability to participate in class, difficulty building relationships with peers, and the effort required to maintain grades when the underlying condition is severe.

IEP vs. 504 Plan for Anxiety or Depression

Both an IEP and a 504 plan can include accommodations for anxiety or depression. The difference is in what else they provide.

A 504 plan is appropriate when your child needs accommodations to access the general curriculum (extended time, a quiet room, reduced homework) but does not need specialized instruction or intensive related services.

An IEP is appropriate when your child needs specialized instruction, counseling as a formal related service, intensive behavioral supports, or a more individualized program. IEPs also come with stronger procedural protections, including the right to a due process hearing and discipline protections under IDEA.

If your child has a 504 plan for anxiety or depression but is still not succeeding, it may be time to request a special education evaluation to determine whether an IEP is warranted.

How to Request an Evaluation

Put your request in writing. Address it to the school principal or special education coordinator. Say something like:

"I am writing to request a full and individual initial evaluation for my child [Name], who I believe may have a disability that is adversely affecting their educational performance. Specifically, I am concerned about [anxiety/depression/emotional disturbance] and its impact on [describe what you're seeing at school]."

Once the school receives your written request, the clock starts for the evaluation timeline, typically 60 calendar days, though this varies by state. The school must respond in writing and get your consent before evaluating.

What Services an IEP Might Include

An IEP for anxiety or depression is individualized, but common elements include:

Counseling as a related service: Individual or group therapy provided by a school counselor or licensed mental health professional during the school day
Social-emotional learning instruction: Direct teaching of coping skills, emotional regulation, and problem-solving
Check-in/check-out (CICO): A daily structure where a trusted adult checks in at the start and end of the school day
Accommodations: Extended time, reduced assignment load, flexible deadlines, the ability to take breaks, preferential seating, and access to a quiet space
Crisis plan: A written plan for what to do if your child's anxiety or depression leads to a crisis at school
Modified homework or attendance expectations if the condition affects homework completion or results in frequent absences

School Avoidance and Refusal

School avoidance or refusal is one of the most common and most serious impacts of anxiety and depression. If your child is missing significant school due to their mental health, this is strong evidence of adverse effect on educational performance. Document absences and bring them to the IEP team.

Schools sometimes treat school refusal as a discipline issue rather than a disability issue. If you believe your child's absences are related to a disability, say so in writing and request a special education evaluation if one has not already been done.

Frequently Asked Questions

Can anxiety qualify a child for an IEP?

Yes. Anxiety can qualify a child for special education under the emotional disturbance (ED) eligibility category in IDEA if it adversely affects educational performance over a long period and to a marked degree. The determination is educational, not purely clinical.

What is the difference between a 504 plan and an IEP for anxiety?

A 504 plan provides accommodations but not specialized instruction. An IEP includes specialized instruction, related services such as counseling, and stronger procedural protections. If your child needs only accommodations and can access the general curriculum, a 504 may be enough. If they need specialized instruction or intensive support, an IEP is more appropriate.

How do I get my child evaluated for an IEP due to anxiety or depression?

Send a written request to the school's special education coordinator or principal requesting a full and individual initial evaluation. Specify that you suspect your child has a disability (emotional disturbance or other health impairment) that is affecting their educational performance.

What services does an IEP for anxiety or depression typically include?

Common services include individual or group counseling as a related service, social-emotional learning instruction, a check-in/check-out support system, accommodations for testing and assignments, reduced homework load, and transition planning if the student is in high school.