Do not accept “no” without understanding your options.

If your child is struggling in school and you asked for an evaluation, the school should not dismiss your concerns without a clear response.

Maybe the school said your child is “doing fine.” Maybe they told you to wait for interventions. Maybe they said your child’s grades are too high, the behavior is not serious enough, or there is not enough data to evaluate.

But if there are signs that your child may have a disability and may need special education services, the school has responsibilities under Child Find.

Shefter Law, P.A. helps parents understand what to do when a school denies an evaluation, delays an evaluation, refuses to consider disability-related concerns, or fails to identify a child who may need an IEP.

Start with a Free Case Analysis

What is Child Find?

Child Find is the school system’s responsibility to identify, locate, and evaluate children that live in the county who may have disabilities and may need special education services.

This responsibility can apply even if the parent does not use the perfect legal language. It can also apply when a child is passing classes but still showing signs of academic, behavioral, emotional, developmental, communication, attention, or functional difficulties.

• A child does not have to fail any class before the school considers evaluation.
• A child does not have to be performing below grade level.
• A child does not have to have a medical diagnosis before the school considers evaluation.
• A child does not have to reach a crisis point before concerns are taken seriously.

If your child is struggling and disability-related needs may be involved, evaluation may need to be discussed.

When schools deny or delay evaluations

Parents often hear responses like:

• “Let’s wait and see.”
• “Your child is not failing.”
• “We need to try interventions first.”
• “The teacher is not concerned.”
• “Your child is too smart for special education.”
• “This is just behavior.”
• “This is just anxiety.”
• “We do not see the same problems at school.”
• “There is not enough data to evaluate.”

These answers can leave parents confused and stuck.

A school may gather information and discuss concerns, but parents should be cautious when “wait and see” turns into months of delay while the child continues to struggle.

If the school refuses to evaluate, parents should understand what the refusal means and what options may be available next.  The parents should also ask for a prior written notice (PWN) that must state why the school is refusing to evaluate and what data was used to make that determination.

Why evaluation matters

An evaluation is often the first step toward understanding what your child needs.

Without an evaluation, the school may continue treating the problem as a motivation issue, discipline issue, maturity issue, or parenting issue.

A proper evaluation may help identify needs related to:

• dyslexia, dysgraphia or dyscalculia 
• ADHD
• autism
• anxiety
• emotional regulation  concerns
• speech and language impairments
• executive functioning issues
• behavior
• school refusal
• reading, writing, or math struggles
• social communication conerns
• sensory or developmental concerns

The evaluation process can help determine whether your child qualifies for an IEP and what supports, services, accommodations, goals, or placement may be appropriate.

Common signs an evaluation may be needed

A school evaluation may need to be discussed if your child is:

• falling behind academically
• struggling with reading, writing, or math
• avoiding schoolwork
• refusing school
• having frequent meltdowns before or after school
• receiving repeated discipline
• being removed from class
• struggling with attention or focus
• having trouble completing assignments
• spending excessive time on homework
• showing anxiety related to school
• having social difficulties
• struggling with transitions
• not making expected progress
• needing constant adult support
• masking at school but falling apart at home
• receiving informal supports without a formal plan
• being told they are “too smart” to need help

These concerns do not automatically mean a child qualifies for an IEP. But they may be signs that evaluation should be considered.

Common problems in evaluation denials

The school says your child is passing

Passing grades do not always mean a child does not have a disability. Some children work extremely hard to keep up while struggling with anxiety, executive functioning, writing, reading, attention, behavior, or emotional regulation.

The school wants to wait for interventions

Interventions can be helpful, but they should not become an excuse to delay evaluations when disability-related concerns are present.

The school says behavior is not a disability issue

Behavior can be connected to disability. If a child is repeatedly disciplined, removed from class, shutting down, melting down, refusing school, or unable to access instruction, the school may need to consider whether disability-related needs are involved.

The school says anxiety, ADHD, or autism is medical, not educational

Medical or clinical diagnoses can affect a child at school. If anxiety, ADHD, autism, or another condition affects learning, behavior, attendance, communication, organization, or access to instruction, the educational impact matters.

The school says there is not enough data

Sometimes the lack of data is part of the problem. If the school has concerns but has not collected enough information, parents may need to ask what data is missing and why the school is refusing to evaluate.

How Shefter Law can help

Shefter Law helps parents understand whether the school’s denial, delay, or lack of response raises concerns and what next steps may be available.

Depending on your situation, we help you determine:

• whether the school had notice of disability-related concerns
• whether warning signs were ignored
• whether evaluation was delayed
• whether the school clearly explained its refusal in the prior written notice (PWN)
• whether additional documentation may help
• whether to renew the evaluation request in writing
• whether an independent educational evaluation may need to be discussed
• whether the issue may require additional advocacy or legal action

The goal is to help you stop guessing and move forward with a clear plan.

Start with a Free Case Analysis

The first step is a Free Case Analysis.

During the Case Analysis, our intake team will ask specific questions to learn the basic facts about why you think your child needs to be evaluated, and determine whether Shefter Law may be able to help.

The Case Analysis is a screening step. It is not a legal advice session and does not create an attorney-client relationship.

If your matter is a fit, the next step may be a Strategy Session.

The next step: Strategy Session and Action Plan

If your situation is a fit, the next step may be a Strategy Session or Document Review Strategy Session.

If you opt for a Document Review Strategy Session, the attorney will review specific documents before the Strategy Session.  We will then have a Strategy Session.

During the Strategy Session, whether you opted for document review or not, you meet with an attorney who reviews your concerns, identifies key legal issues, and explains your options. After the session, you receive a written Action Plan with recommended next steps, questions to ask, and strategies for moving forward.  If you opted for a document review, the Action Plan will include comments on the documents that were reviewed.

For denied evaluation or Child Find concerns, your Action Plan will clarify what happened, what questions to ask the school, what to put in writing, and what options may be available if the school continues to refuse or delay evaluation.

If more legal support is needed

Some families only need a Strategy Session and written Action Plan. Others may need additional representation.

If your family desires more representation, the attorney will discuss how Shefter Law can help and what the next steps are.  The right level of support depends on your child’s needs, the school’s response, the timeline, and what path you choose.

When to contact Shefter Law

Consider contacting Shefter Law if:

• you asked for an evaluation and the school declined your request
• the school keeps delaying the evaluation
• the school says your child is not struggling enough
• the school says your child must go through interventions first
• your child is having behavior issues, anxiety, school refusal, or discipline problems
• you believe the school ignored signs of disability
• you received a written denial and do not know what it means
• you are unsure whether to request an IEP evaluation, 504 evaluation, or independent evaluation
• you feel like the school is waiting for your child to fail before helping

Do not wait until the situation becomes a crisis. Early legal guidance can help you understand your options before more time is lost.

PROVIDING LEGAL SERVICES TO FAMILIES IN MARYLAND AND DC AND ADVOCACY SERVICES NATIONWIDE 

Shefter Law, P.A. helps families navigate IEPs, evaluations, school meetings, services, accommodations, placement concerns, and special education disputes. 

We provide legal services in Maryland and DC and advocacy services nationwide, including American schools overseas. 

Do not let the school’s “no” be the final answer

If your child is struggling and the school denied, delayed, or ignored your request for an evaluation, you do not have to figure out the next step alone.

Start with a Free Case Analysis. if your situation is a fit, the next step may be a Strategy Session where we can review your concerns, identify key issues, and provide a written Action Plan.

Start with a Free Case Analysis