What to Do When Your Texas School District Denies an Evaluation Request

You submitted a written request for a special education evaluation. The school said no. Now what? Texas law gives you specific options — here's exactly what to do, step by step.

Step 1: Request Prior Written Notice

Under IDEA (34 CFR § 300.503), whenever a school district refuses to initiate an evaluation, they are required to provide you with a Prior Written Notice (PWN) . This is a formal document that must explain what the school is refusing to do, why they are refusing, what data they used to make the decision, and what other options they considered.

If the school gave you a verbal "no" — in a meeting, a phone call, or a hallway conversation — that is not sufficient. You have the right to a written explanation.

What to do: Send an email or letter to the principal saying: "I am requesting Prior Written Notice regarding the district's decision to deny my evaluation request for [Child's Name], submitted on [Date]. Please provide this notice within 5 school days."

Step 2: Review Their Reasoning

Once you receive the PWN, read it carefully. Common reasons districts deny evaluations include:

• The student is "making progress" in the general curriculum
• The student is currently receiving RTI (Response to Intervention) and the school wants to wait
• The student's grades are satisfactory
• The school attributes challenges to attendance, behavior, or a language barrier

Here's the critical point: none of these reasons, on their own, are legally sufficient to deny an evaluation if there is a reasonable suspicion of a disability. A child can have passing grades and still qualify for special education. RTI cannot be used to delay or deny an evaluation request from a parent.

Step 3: Put Your Disagreement in Writing

If you believe the district's refusal is wrong, send a written response explaining why you disagree. Reference specific concerns and any data you have. For example:

• Specific academic struggles (failing assignments, below-grade-level reading scores)
• Teacher or tutor observations about attention, behavior, or comprehension
• Private evaluations or diagnoses from medical professionals
• Reports from therapists (speech, occupational, behavioral)
• Your own observations of your child at home

Step 4: Know Your Escalation Options

If the district continues to deny your request after you've submitted your written disagreement, you have several paths forward:

Option A: File a TEA Complaint

You can file a formal complaint with the Texas Education Agency (TEA) . TEA will investigate whether the district violated IDEA or state law by denying your request. Complaints must be filed within one year of the alleged violation. This process is free and does not require an attorney.

Option B: Request Mediation

TEA offers free mediation services where a neutral third party helps you and the district reach an agreement. Mediation is voluntary — both sides must agree to participate — but it is often faster and less adversarial than a formal hearing.

Option C: Request a Due Process Hearing

This is the formal legal route. A due process hearing is conducted by an impartial hearing officer who reviews evidence and makes a binding decision. You have the right to representation by an attorney. This must be filed within two years of the violation.

Option D: Request a Meeting with the Special Education Director

Before going to TEA, consider requesting a meeting with the district's Special Education Director or Executive Director. Sometimes the campus-level decision doesn't reflect the district's position, and a higher-level administrator may approve the evaluation.

Step 5: Document Everything

Throughout this entire process, documentation is your most powerful tool. Keep copies of every email, every letter, every PWN, and every meeting note. Create a communication log with dates, names, and summaries of every interaction.

If you eventually file a TEA complaint or due process hearing, your documentation will be the evidence that supports your case.