Your Child Was Denied Special Education Eligibility
Being told your child "doesn't qualify" can be devastating — especially when you know they're struggling. You have options.
What's Happening
You requested a special education evaluation for your child, or the school evaluated your child, and the result came back: "not eligible." Maybe the school said your child's struggles aren't severe enough, that they don't fit a specific disability category, or that they're performing "well enough" academically. But you see your child struggling every day — with reading, behavior, social skills, attention, or emotional regulation — and you know something isn't right. An eligibility denial doesn't have to be the final word.
Your Child's Rights
- ✓ Under IDEA's Child Find obligation, schools must identify, locate, and evaluate all children who may have a disability — even if the child is passing classes. Academic performance alone does not determine eligibility.
- ✓ If you disagree with the school's evaluation, you have the right to an Independent Educational Evaluation (IEE) at public expense. The school must either pay for the independent evaluation or file for due process to defend its own.
- ✓ IDEA recognizes 13 disability categories including Specific Learning Disability, Other Health Impairment (which covers ADHD), Autism, Emotional Disturbance, and Speech/Language Impairment. The school must evaluate in all areas of suspected disability.
- ✓ The school must complete evaluations within 60 days of receiving parental consent (or the state timeline). If they missed this deadline, that is a procedural violation you can challenge.
- ✓ Even if your child doesn't qualify under IDEA, they may be eligible for a Section 504 plan, which provides accommodations and protections against disability-based discrimination with a broader eligibility standard.
How LegalAction Helps
Evaluation Review
We analyze the school's evaluation to identify flaws — missing assessments, inadequate testing, or data that was ignored or misinterpreted.
Independent Evaluation (IEE) Requests
We demand an IEE at public expense so a qualified independent professional can provide a thorough, unbiased assessment of your child.
Eligibility Challenges
We challenge improper eligibility denials through IEP team meetings, state complaints, and due process hearings when necessary.
Section 504 Advocacy
If IDEA eligibility is uncertain, we explore Section 504 protections to ensure your child gets the accommodations they need right away.
Don't Wait — Your Child's Education Is at Stake
An eligibility denial doesn't mean the door is closed. The longer your child goes without support, the wider the gap grows. Let us review the evaluation and fight for the services your child needs.
