When you believe your child needs educational support—whether through an Individualized Education Program (IEP) or a 504 Plan—it can be discouraging if the school denies services. However, a denial is not the end of the road. Parents have rights under both federal and Virginia law, and several steps can be taken to advocate effectively for your child.
This guide will walk you through what to do if your child’s school denies services.
1. Understand the Reason for the Denial
The first step is to request a written explanation of the denial. Schools are legally required to provide a Prior Written Notice that details why services were denied, what evaluations were considered, and what alternatives were discussed. This document will help you identify whether the denial was based on insufficient evaluation, disagreement over eligibility, or another reason.
2. Review Evaluation Records
You are entitled to review all records, assessments, and reports the school used in making its decision. Pay close attention to:
- Test scores and benchmarks
- Teacher input
- Behavioral reports
- Any medical or psychological evaluations
If you disagree with the school’s evaluation, you have the right to request an Independent Educational Evaluation (IEE) at the school division’s expense.
3. Request a Meeting
Often, misunderstandings can be resolved by holding a meeting with your child’s IEP or 504 team. Bring your concerns, documentation, and any outside evaluations. In these meetings, parents are equal members of the decision-making team—your voice carries legal weight.
4. Know Your Appeal Options
If you still disagree with the decision, you may:
- File a Due Process Complaint: This begins a formal legal procedure where a hearing officer reviews evidence and makes a decision.
- Request Mediation: Mediation is a voluntary process facilitated by a neutral third party and can lead to quicker resolutions.
- File a State Complaint: Parents can submit complaints to the Virginia Department of Education if they believe special education laws have been violated.
5. Document Everything
Keep a record of:
- All emails, letters, and notices
- Meeting notes
- Evaluation reports
- Your own observations of your child’s struggles
Strong documentation will strengthen your case, whether you pursue mediation or due process.
6. Consider Legal Support
Disputes with schools can be overwhelming, especially when emotions are involved. An experienced special education attorney can:
- Review the school’s decision for legal compliance
- Help you request independent evaluations
- Represent you in due process hearings or mediation
- Ensure your child’s rights are protected every step of the way
Final Thoughts
A denial of services is not the final word. Parents have powerful legal tools to advocate for their children in Virginia. With the right knowledge—and, if needed, professional legal support—you can ensure your child has access to the education they deserve.
Need help navigating a denial of services?
At Tuomey Law Firm, we advocate for parents and children across Virginia to make sure schools provide the services students are legally entitled to. Contact us today to discuss your child’s situation and explore your options.