What Steps Should Families Take When a School Rejects an IEP Request?
When a child has a disability and needs tailored support to succeed in school, a rejection can feel like a closed door to opportunity. If your Individualized Education Plan (IEP) request has been denied, there’s still a path forward—and it begins with understanding what steps to take next.
At Advocates for the Voiceless, we understand how discouraging it can be for a family to have their child's Individualized Education Program (IEP) request denied. Our firm has supported countless families in Riverdale Park, Maryland, and across the state in using disability law to advocate for appropriate education services for their children.
Let's explore how we can guide you through the IEP process and make sure your child receives the support they need to thrive.
Why the IEP Request Was Rejected
The first thing we recommend is reviewing the school’s reason for denying the IEP. Under the Individuals with Disabilities Education Act (IDEA), schools are required to evaluate students suspected of having disabilities.
If they refuse to evaluate or determine that a student isn't eligible, they must provide a Prior Written Notice (PWN) explaining the decision.
In Maryland, this document must include the reasons for the denial, the data on which the decision was based, and alternative options considered. Carefully reading this document can give families insight into what the school considered and whether they acted within the bounds of disability law.
Sometimes, a school may say a child's academic performance is adequate, even though their behavioral, emotional, or social challenges suggest otherwise. Disability law doesn't require students to be failing academically to qualify for an IEP, so it’s important to assess whether the school's rationale holds up under legal scrutiny.
Requesting an Independent Educational Evaluation (IEE)
If you disagree with the school's evaluation or if they refuse to evaluate your child, the next steps is to request an Independent Educational Evaluation (IEE) at the public’s expense.
This means having an outside professional assess the child’s needs. Maryland law allows parents to request an IEE when they disagree with the school's findings. The school must either agree to fund the IEE or initiate a due process hearing to prove that its own evaluation was appropriate.
Independent evaluations often carry significant weight, especially when they uncover disabilities or needs that the school’s assessment missed. Through the lens of disability law, IEEs often serve as a turning point in getting a rejected IEP reconsidered.
Gathering Documentation and Building a Record
If a school continues to deny services, documentation becomes a critical tool. Every communication with the school—emails, letters, meeting notes, evaluation reports—should be saved and organized.
Disability law in Maryland and under IDEA emphasizes the importance of the student’s record in determining eligibility. We always encourage families to keep a running record of their child’s challenges, progress, and daily experiences, both in and out of school.
Documentation might include letters from doctors, therapists, or counselors; behavioral incident reports; or even journal notes about how the child struggles with homework or peer interactions.
When we present this kind of comprehensive documentation, we’re building a narrative that shows how the child’s disability affects their education. That story, grounded in fact, can significantly shift the decision-making process.
Using the Maryland IEP Process to Re-Engage the School
Once we’ve gathered evidence, it’s time to go back to the IEP process. Families in Maryland have the right to request a meeting to reconsider the eligibility decision, especially if they’ve obtained new documentation or an IEE.
This is where we present the child’s broader challenges and how they impact their access to a free appropriate public education (FAPE), which is guaranteed by disability law. In many cases, schools reconsider after seeing new evidence. If the school remains unwilling to offer an IEP, we can request that they evaluate under Section 504 of the Rehabilitation Act.
While not as extensive or detailed as an IEP, a 504 Plan offers important accommodations for students with disabilities and is firmly backed by disability law protections. In many cases, families discover that their child qualifies for at least partial support through this option, which can later serve as a valuable foundation for an IEP reevaluation process.
Filing for Mediation or Due Process
When all informal avenues are exhausted, Maryland families have the right to file for mediation or due process. Mediation is a voluntary, confidential session where a neutral third party helps parents and schools reach an agreement.
Many of our clients find this approach effective because it allows for more flexible problem-solving. If mediation doesn’t work—or if the school refuses to mediate—we can file for a due process hearing. This is a formal legal proceeding where we present the evidence and argue why the child qualifies under disability law for an IEP.
Maryland’s Office of Administrative Hearings oversees these cases, and we strongly recommend that families work with legal advocates when moving to this step. We’ve seen firsthand how families can win IEP eligibility through due process, especially when they’re prepared and backed by clear, professional documentation.
How Maryland Disability Law Protects Students’ Rights
Disability law in Maryland reflects both federal and state protections. In addition to IDEA and Section 504, Maryland follows COMAR (Code of Maryland Regulations), which lays out procedures for evaluations, IEP meetings, and parental involvement.
Under these regulations, schools are required to give parents meaningful input in decision-making. They must also provide services in the least restrictive environment appropriate for the child. What this means practically is that schools can’t deny an IEP simply because a child is well-behaved in class or doesn’t disrupt others. If a disability impacts learning, even subtly, disability law demands that schools address it.
We remind families that denial of services isn't the end of the road—it’s often a misstep that can be corrected when the right legal arguments are made.
How We Help Families Use Disability Law
At Advocates for the Voiceless, we’ve guided many Maryland families through the challenges that arise after an IEP denial. We know that disability law is designed to give parents power—to question decisions, request new evaluations, bring outside professionals into the process, and file legal challenges when needed.
That’s why we stay focused on helping families take action. It starts with education, so parents understand their rights and know they’re not alone. It continues with support, helping families organize their documentation, access IEEs, and communicate effectively with school personnel.
And when needed, we stand with families through mediation or hearings, ready to fight for their child’s education. Because when schools fall short, disability law gives families the tools to respond, and we are proud to help them use those tools.
Key Steps After an IEP Denial
If your IEP request has been denied, it’s important to act. Disability law gives you timelines for each step, and waiting too long can delay the services your child needs. Here are the immediate steps we suggest for Maryland families:
Request a written explanation of the school’s denial (Prior Written Notice)
Submit a written request for an Independent Educational Evaluation (IEE)
Gather outside evaluations and documentation of the child’s struggles
Request a new IEP meeting to present additional data
Ask about eligibility for a 504 Plan if the IEP is again denied
Request mediation through the Maryland State Department of Education
File a due process complaint if necessary, with legal support
By following these steps, families create a solid foundation for reversing a bad decision. Disability law is clear that children shouldn't be denied access to needed educational supports just because the school disagrees. It’s our job to help you make the strongest case possible.
Reach Out Today
IEP denials are frustrating, but they don’t mean your child has to go without support. IAt Advocates for the Voiceless, we’ve seen Maryland parents go from discouraged to empowered by learning how to use disability law effectively.
When schools fail to fulfill their responsibilities, parents have every right to challenge them. Whether through new evaluations, persistent advocacy, or legal action, families can shift the outcome. Every child deserves a chance to thrive at school.
If your child’s IEP was rejected, we encourage you to take action today. Disability law is on your side—and we’re here to help you use it. We’re proud to serve Riverdale Park, Maryland, and the state of Maryland. Call Advocates for the Voiceless today to schedule a consultation.
