No. If you request an evaluation in writing, your school must respond. They can agree to evaluate — or they must give you a written explanation of why they won't. They cannot ignore your request.
What the Law Says
Under the Individuals with Disabilities Education Act (IDEA), every child suspected of having a disability is entitled to a free, comprehensive evaluation. The school doesn't get to decide whether your concern is valid enough to look into — they have a legal obligation to respond.
The public agency must conduct a full and individual initial evaluation before providing special education services to a child with a disability. Either a parent or the public agency may initiate a request for an initial evaluation.
This means you don't need the school's permission to start this process. You don't need a doctor's note. You don't need the teacher to agree. You have the right to request an evaluation, and the school has a legal duty to respond.
The 60-Day Rule
Once you give written consent for an evaluation, the school has 60 days to complete it (or whatever timeline your state sets — some states are shorter). The clock starts when you sign the consent form, not when they get around to sending it to you.
The initial evaluation must be conducted within 60 days of receiving parental consent — or within the timeframe established by the State.
What If They Say No?
The school can decline to evaluate — but they can't just say no and walk away. If they refuse, they are required by law to give you Prior Written Notice explaining exactly why they are refusing and what data they used to make that decision.
Written notice must be given to the parents a reasonable time before the agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child.
This is where most schools slip up. They'll tell you verbally that your child "doesn't qualify" or "is doing fine" — but they never put it in writing. If it's not in writing, push back.
"We want to try interventions first" — also known as Response to Intervention (RTI). Schools can use RTI, but they cannot use it to delay or deny your evaluation request. These are two separate processes. You can demand the evaluation AND they can do RTI at the same time. (34 CFR §300.301(b))
What If They Evaluated and Said No?
If the school evaluated your child and found them ineligible, you have the right to disagree. You can request an Independent Educational Evaluation (IEE) at the district's expense. This means an outside evaluator — not someone employed by the school — looks at your child fresh.
A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency.
How to Request an Evaluation
Always put your request in writing. An email counts. A letter counts. A text message does not. Here's a template you can copy and send today:
Sample Evaluation Request Letter
What Happens After the Evaluation
If the evaluation finds your child eligible, the school has 30 days to hold an IEP meeting and develop an Individualized Education Program. You are part of that team. Your input matters. And the IEP must be designed to provide your child with meaningful educational benefit — not just check a box.
If you've been told your child doesn't need an evaluation, or that they "don't qualify," or that you should "wait and see" — trust your gut. You know your child better than anyone in that building. The law is on your side.