The school says my child doesn’t qualify for special education. What can I do?
My son has been diagnosed with ADHD and dyslexia by a private psychologist, but after testing the school says he is “doing fine” and doesn’t need an IEP. His grades are slipping. What are my options?
1 lawyer answer
In the US, federal law (the Individuals with Disabilities Education Act, or IDEA) requires public schools to evaluate children suspected of having a disability and to provide special education where a qualifying disability affects their education. Parents generally have rights to see evaluation results, to disagree, and to ask for further review.
Common next steps include:
- Requesting copies of the school’s evaluation and the eligibility decision in writing
- Sharing your private evaluation and asking the team to consider it
- Asking about an independent educational evaluation if you disagree with the school’s testing
- Asking whether a Section 504 plan (for accommodations) might apply even if an IEP does not
If agreement can’t be reached, options often include mediation or a due process complaint. Deadlines can apply, so keep dated records of every request.
This is general information, not legal advice — speak to a licensed lawyer about your situation.
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