My School Said My Child Isn't Eligible for an IEP. Now What?

Receiving a notice that your child is not eligible for an Individualized Education Program (IEP) can feel like a door slamming shut—especially when you know, deep down, that your child is struggling. Maybe you’ve watched your child with ADHD work twice as hard as their peers just to keep up, or you’ve seen your child with anxiety melt down after school, even though their grades look fine on paper. An IEP denial is discouraging, but it’s not the end of your journey. You have rights, options, and a powerful voice in your child’s education.

Step 1: Understand the School’s Reasoning—And Look for Gaps

The first step is to carefully review the written notice the school must provide. This document should explain why your child was found ineligible. Sometimes, the evaluation finds no evidence of a qualifying disability under the Individuals with Disabilities Education Act (IDEA). Other times, the team may agree a disability exists but claim it does not “adversely affect” your child’s educational performance. This is a common sticking point for children who mask their struggles at school or compensate with extra effort at home.

What to look for:

• Did the evaluation consider all areas of suspected disability? For example, if your child has both ADHD and anxiety, did the team assess both?

• Were teachers’ and parents’ observations included, or did the team rely only on test scores?

• Did the school consider how your child’s symptoms show up outside the classroom—like homework battles, social withdrawal, or emotional outbursts?

If the notice is vague or you don’t understand the reasoning, request clarification in writing. Ask for copies of all evaluation reports, meeting notes, and data used in the decision.

Step 2: Open a Constructive Dialogue with the School

Don’t let the process end with a denial letter. Request a meeting with the evaluation team to discuss their findings. Bring your own evidence: work samples, outside evaluations, and a log of your child’s struggles at home. For example, if your child with dyslexia is reading at grade level but only because you spend hours each night re-reading assignments together, share this reality. If your child’s anxiety leads to frequent nurse visits or school refusal, document these patterns.

Questions to ask at the meeting:

• “Can you walk me through how you determined my child’s disability does not adversely affect their education?”

• “What data did you use to reach this conclusion?”

• “Did you consider input from outside providers or recent changes in my child’s symptoms?”

Sometimes, these conversations reveal misunderstandings or overlooked evidence. In some cases, the team may reconsider or suggest other forms of support.

Step 3: Explore a 504 Plan—A Different Path to Support

If your child doesn’t qualify for an IEP, they may still be eligible for a 504 Plan. While an IEP provides specialized instruction, a 504 Plan offers accommodations to help your child access the general curriculum. This is especially important for children whose disabilities (like ADHD, anxiety, or diabetes) substantially limit a major life activity, even if they’re passing their classes.

Common 504 accommodations include:

• Extended time on tests and assignments for a child with slow processing speed or anxiety.

• Preferential seating or movement breaks for a child with ADHD.

• Access to a quiet space for a child who becomes overwhelmed by noise or crowds.

Ask the school about the process for evaluating 504 eligibility. If your child is denied a 504 Plan as well, request a written explanation and consider whether additional documentation or outside evaluations could help.

Step 4: Request an Independent Educational Evaluation (IEE)

If you disagree with the school’s evaluation, you have the right to request an Independent Educational Evaluation (IEE) at public expense. This means a qualified professional, not employed by the school district, will assess your child. The school must either agree to pay for the IEE or initiate a due process hearing to defend its own evaluation.

Why request an IEE?

• Outside evaluators may use different tools or spend more time observing your child.

• An IEE can uncover needs the school missed, such as subtle executive functioning deficits or the impact of trauma.

• The IEP team must consider the results of the IEE, even if they don’t automatically agree with its recommendations.

How to request an IEE:

• Put your request in writing, stating that you disagree with the school’s evaluation and are requesting an IEE at public expense.

• The school must respond promptly, either agreeing or initiating a due process hearing.

Step 5: Know Your Formal Dispute Resolution Options

If informal discussions and an IEE do not resolve the issue, you have several legal avenues:

• Mediation: A voluntary process where a neutral third party helps you and the school try to reach an agreement. Mediation is less adversarial and can preserve relationships.

• Due Process Hearing: A formal, court-like proceeding where both sides present evidence and a hearing officer makes a binding decision. You can self-represent, but be prepared to organize your evidence and clearly explain how the school’s decision harms your child’s access to education.

• State Complaint: You can file a written complaint with your state’s department of education if you believe the school has violated IDEA requirements. The state will investigate and issue findings.

Common Ambiguities and Pitfalls

• Good Grades, Hidden Struggles: Many children are denied IEPs because they’re earning passing grades, even though they’re working far harder than their peers or suffering emotionally. The law requires schools to consider more than just academics—social, emotional, and behavioral needs count too.

• Partial Evaluations: Sometimes, schools only assess one area of concern. If your child has multiple challenges (for example, ADHD and a speech delay), insist that all suspected disabilities are evaluated.

• Lack of Parent Input: Your observations matter. If you feel your input was ignored, document this and raise it in writing.

Keep Advocating—You Know Your Child Best

A denial can feel like a setback, but it’s often just one step in a longer process. Many parents find that persistence, careful documentation, and a willingness to explore all available options lead to better outcomes. Whether your child’s challenges are visible in the classroom or mostly at home, your insights and advocacy are essential. If you need to appeal, request a 504, or seek an IEE, don’t hesitate to keep pushing for what your child needs.

Feel less anxious and more confident: Caira is your new bestie!👱🏼‍♀️🌸 Get answers and drafts in seconds for family, probate, real estate, criminal, employment, commercial, and public law—across all 50 states. All backed by 50,000 legal cases from county, state, and federal courts. Upload documents, screenshots, and photos for even more relevant responses. Free 14-day trial under a minute—no credit card required. Afterward, just $21/month on our website. Continue chatting now. https://www.unwildered.com

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Ohio estate planning laws can change, and outcomes depend on your personal circumstances and the evidence available. Always review your situation carefully before making decisions.