If a school refuses to evaluate your child for special education, you still have legal rights. Federal and Florida laws require public schools to identify and evaluate students who may have disabilities. This duty is called Child Find. When a school ignores or denies an evaluation request, it may violate the Individuals with Disabilities Education Act (IDEA).
A Florida special education lawyer can help families enforce these rights. Parents do not have to accept a verbal denial or delay. Schools must respond in writing and follow specific legal procedures. In Florida, school districts such as Miami-Dade, Broward, and Palm Beach County must comply with both federal law and Florida Department of Education rules.
This issue matters because delays can harm a child’s academic progress. Early intervention often determines long-term success. Understanding your rights under state and federal law is the first step toward protecting your child’s education.
Understanding The Legal Duty To Evaluate
Under IDEA, public schools must locate, identify, and evaluate students who may have disabilities. This is known as the Child Find obligation. It applies even if a parent does not formally request testing.
In Florida, this duty is reinforced by state regulations found in the Florida Administrative Code. Once a school suspects a disability, it must act within a reasonable time.
A school cannot refuse to evaluate a child simply because the child has passing grades. Academic performance is only one factor. Behavioral issues, social struggles, or communication delays may also trigger the need for testing.
What Counts As A Refusal
A refusal may be obvious or subtle. Some schools deny requests outright. Others delay by suggesting interventions without formal evaluation.
Legally, a refusal occurs when the school declines to begin the evaluation process after receiving a written request. The district must provide Prior Written Notice. This document explains why the evaluation is denied and what data the school relied upon.
Without Prior Written Notice, the school may be out of compliance.
How The Process Works In Florida
When a parent submits a written request for evaluation, the district must respond. If the school agrees, it must obtain consent and complete the evaluation within the required timeline. In Florida, evaluations generally must be completed within 60 school days of receiving parental consent.
If the school refuses, it must explain the decision in writing. The explanation must cite assessments, classroom data, or other objective evidence.
Local districts across Florida, from Jacksonville to Fort Lauderdale along I-95, follow these same statewide rules. The procedures are not optional. They are mandated by law.
Why Schools Sometimes Say No
Schools may claim that:
- The child is performing at grade level
- Interventions are still in progress
- There is not enough evidence of a disability
- Behavior is disciplinary rather than disability related
These reasons are not always legally sufficient. IDEA does not require failing grades before testing. It requires suspicion of a disability.
When parents document concerns and provide outside medical or psychological reports, a refusal becomes harder to justify.
Evidence That Strengthens Your Request
Documentation is critical. Courts and hearing officers rely on records.
Helpful evidence includes:
- Written parent requests
- Teacher emails describing struggles
- Report cards showing inconsistent performance
- Behavioral referrals
- Medical or therapy records
In due process hearings before the Florida Division of Administrative Hearings, the evidence must show that the school knew, or should have known, of the suspected disability.
A Florida education attorney reviews these records and determines whether the district met its legal duty.
Practical Steps Parents Can Take Immediately
Act quickly and in writing. Verbal conversations are not enough.
Submit a dated letter requesting a comprehensive evaluation under IDEA. Keep copies of everything. Ask for Prior Written Notice if the school refuses.
You may also request an Independent Educational Evaluation at public expense if you disagree with the school’s conclusions. This shifts the review to a neutral professional.
If delays continue, you can file a state complaint with the Florida Department of Education or request mediation or a due process hearing.
Common Mistakes To Avoid
Many families wait too long. Delays can weaken a claim, as schools may argue that the concerns were recent.
Another mistake is accepting informal intervention plans without requesting a formal evaluation. Response-to-Intervention strategies do not replace IDEA rights.
Parents also sometimes rely on verbal assurances. Always require written confirmation. Documentation protects your position.
When To Contact A Lawyer
If the school refuses after a written request, legal guidance may be necessary. A special education defense attorney in Florida can analyze whether the district followed proper procedures.
You may also need counsel if the school issues repeated delays or if your child faces discipline related to an undiagnosed disability.
In some cases, disputes escalate to hearings before administrative law judges in Tallahassee. Legal preparation is critical at that stage.
At Bilello and Soowal, we assist families throughout Florida. We evaluate records, advise on strategy, and represent parents in formal proceedings when necessary.
Florida Specific Legal Framework
Florida incorporates IDEA into state rules through Chapter 6A of the Florida Administrative Code. Districts must maintain policies consistent with federal law.
Disputes are handled through the Florida Division of Administrative Hearings. Administrative law judges review whether the district complied with procedural and substantive requirements.[3]
Parents in urban areas such as Orlando and Tampa face the same standards as those in rural counties. The law applies uniformly across the state.
Strategic Guidance For Families
Education disputes can escalate quickly. Early action often prevents litigation.
Speak with a Florida special education lawyer from Bilello & Soowal who understands both federal and Florida-specific procedures. A Florida education attorney can assess whether the refusal violates Child Find duties.
If you believe your rights were ignored, consult a special education defense attorney in Florida for a case review. Early legal advice can clarify options and reduce delays.
Frequently Asked Questions
Can A Florida School Refuse To Evaluate My Child?
A school can deny a request, but it must provide Prior Written Notice. The notice must explain the legal and factual basis. A refusal without documentation may violate IDEA. Parents have the right to challenge the decision.
How Long Does A School Have To Complete An Evaluation In Florida?
After parental consent, Florida districts generally have 60 school days to complete evaluations. Delays beyond that timeframe may be unlawful. Parents should track dates carefully.
What If The School Says My Child Is Not Failing?
Failing grades are not required under IDEA. The standard is suspicion of a disability. Behavioral or developmental concerns can justify testing. Academic success alone does not eliminate legal obligations.
Can I Request An Independent Evaluation?
Yes. If you disagree with the school’s evaluation, you may request an Independent Educational Evaluation. In many cases, the district must pay for it. The school must either fund the evaluation or file for due process to defend its testing.
Do I Need A Lawyer For A Due Process Hearing?
Due process hearings involve legal standards and evidentiary rules. Parents may represent themselves, but districts are often represented by counsel. Legal guidance improves preparation and presentation.
Key Takeaways
- Schools must follow Child Find obligations under federal law
- Written requests create a clear legal record
- Prior Written Notice is required for refusals
- Florida districts have strict evaluation timelines
- Documentation strengthens your position
- Delays can harm a child’s educational progress
- Legal counsel may be necessary in formal disputes