What to Do If the School Denies Your Child an IEP
When a school denies your child an Individualized Education Program (IEP), it can feel overwhelming. We understand how emotionally charged and legally significant that decision can be.
At Advocates for the Voiceless, we work with families in Riverdale Park, Maryland, and throughout the state to make sure their children's rights are protected under federal and state education laws. While many parents associate our name with disability law matters, we also advocate for educational access with the same dedication.
An IEP is a legal document developed for children who qualify for special education services under the Individuals with Disabilities Education Act (IDEA). It outlines the child’s learning needs, the services the school will provide, and how progress will be measured.
When the school denies your child an IEP, it may be saying either that your child doesn’t qualify under IDEA or that no specialized services are needed. This can leave your child without the help they need to succeed in school, and it’s important to act quickly if this happens.
First Steps After an IEP Denial
The first thing to do after an IEP denial is to request the written decision from the school. Schools in Maryland are required to provide written notice explaining why your child was denied.
The explanation should include the evaluation results, any observations from teachers, and a summary of the discussions held during the IEP meeting. Reviewing this document is essential to building your next steps.
You may find that the school misinterpreted test results or failed to consider critical factors, like outside diagnoses or input from non-school professionals.
You also have the right to request an Independent Educational Evaluation (IEE) at the school’s expense. An IEE is conducted by someone outside the school system. If the school’s evaluation was flawed or incomplete, an IEE can offer a more accurate picture of your child's needs.
Maryland law supports a parent's right to this second opinion, especially when the original evaluation may not reflect the child's full profile.
The Legal System in Maryland
Maryland follows federal IDEA regulations closely but also has its own specific provisions. For example, the state mandates that school systems respond to evaluation requests within 60 days and must complete the entire IEP process within 90 days.
If these deadlines are missed, it can form part of your argument that your child's educational rights were not properly addressed.
It’s also important to understand that even if your child isn't eligible for an IEP under IDEA, they may still qualify for a 504 Plan under Section 504 of the Rehabilitation Act. While a 504 Plan doesn’t offer the same structured support as an IEP, it can still provide accommodations like extended test times or preferential seating.
In some cases, the denial of an IEP may be appropriate, but only if a 504 Plan truly meets the child’s educational needs. A proper legal review can help determine if the school is offering enough support or just doing the minimum required.
Your Options to Challenge the Decision
When a school denies an IEP, parents have several options to challenge the decision. In Maryland, these include:
Requesting a due process hearing
Filing a complaint with the Maryland State Department of Education
Asking for mediation
Each of these paths comes with specific timelines and requirements. For example, a due process hearing must be requested within two years of the decision you’re disputing.
This is a formal legal proceeding where both sides present evidence, and an administrative law judge issues a binding decision. In many cases, these hearings involve both educational arguments and elements of disability law, particularly when a parent is seeking reimbursement for services paid for privately.
Gathering Documentation and Building Your Case
To successfully challenge an IEP denial, you’ll need strong documentation. This includes evaluations from outside specialists, academic records, report cards, disciplinary records, and any communications with school staff.
Letters from therapists or doctors can be powerful evidence of the impact the disability has on your child’s learning.
Even attendance and behavior logs can support your claim. If your child is frequently missing school or showing signs of anxiety or regression, these are all indicators that their needs may not be met.
The same level of care and recordkeeping needed in disability law litigation can also apply to special education matters. Keeping everything organized gives your claim more weight and helps move the process along more efficiently.
What You Can Do While Waiting
While you go through the legal steps of disputing an IEP denial, there are several actions you can take to support your child:
Request academic interventions from the school outside of special education
Hire private tutors or therapists (keep receipts in case of reimbursement claims)
Keep communication open with your child’s teachers
Maintain a daily or weekly journal of your child’s school performance and behavior
Consult with medical professionals about further evaluations
This list can make a real difference in protecting your child’s education. Just as we tell clients in disability law matters to document everything, the same advice applies here. Detailed records give your claims greater weight and can help clarify your child’s progress—or lack of it—over time.
Mediation and Due Process Hearings
Mediation is a less formal process than a hearing and can often result in a mutually agreeable solution. Both parties sit down with a neutral third party to discuss the dispute.
Maryland’s Office of Administrative Hearings provides free mediation services in special education matters. If mediation fails or if you feel strongly that your child’s rights were violated, a due process hearing may be the next step.
At the hearing, you’ll present your case just like in court. You can bring witnesses, submit evidence, and make legal arguments. The judge will then decide whether your child should receive an IEP and what services must be provided.
Private Placement and Reimbursement
Sometimes, parents seek services for their child outside the school system. If your child is denied an IEP but still needs help, you may enroll them in a private program that offers the right support. Maryland law allows you to seek reimbursement from the school system for these expenses, but the standards are high.
You must show that the public school failed to provide an appropriate education and that the private services you chose are appropriate. In disability law disputes, courts often examine whether a parent’s decisions were reasonable and necessary.
The same logic applies here. You need to prove that your actions were in your child’s best interests and that you tried to work with the school before turning to outside help.
IEP Reviews and Reevaluations
Even if your child is denied an IEP now, that decision is not permanent. Maryland law allows for reevaluation once per year or more often if requested. If your child’s condition changes, or if new information becomes available, you can ask for another assessment.
A diagnosis that wasn’t present before, or new testing that reveals learning disabilities, can be enough to reconsider eligibility.
Just as a disability law order can be modified due to changing circumstances, a school’s position on special education can be modified. The key is persistence and preparation.
Reach Out Today
When your child is denied an IEP in Maryland, you don’t have to accept the decision without question. At Advocates for the Voiceless, we work with families to hold schools accountable and protect the educational rights of every student.
While we are well known for our disability law advocacy, we bring the same determination to special education cases. If your child isn't getting the support they need, it may be time to take legal action. We’re proud to serve Riverdale Park, Maryland, and the surrounding areas. Call today.
