Can I refuse Special Education for my child?

You have the right to refuse to have your child be evaluated by the school district.  Before a child can be placed on an IEP, a district must evaluated the child to see if they have a qualifying disability.  The district must get your consent, in writing, before they can do this evaluation.  After this evaluation is done, if your child qualifies for special education services, you must again give your written consent for their initial placement in special education.  You have the right to refuse to place your child in special education for the first time.  You can withdraw your consent for an evaluation and initial placement before they begin.  You have a right to be present at each team meeting for your child and to take part in the decision making process.

Once you have given your consent for an evaluation and the initial placement in special education, you must be notified, in writing, when the school has made an important decision affecting your child’s education before that decision is put into place.  The written notice (officially called prior written notice) should include the decision made, why the decision was made, a description of other options considered and why they were refused, and a description of what information was used as the basis for this decision.

You should be aware that if you refuse an evaluation for your child the school district can override your decision by requesting a due process hearing.  At the hearing, an administrative law  judge will decide if your child needs an evaluation in order to get a free and appropriate public education (FAPE).    Every child is entitled to this under federal law.  If you still disagree with the court order to evaluate, you have the right to bring a civil suit against the school district.  The school district cannot, however, get a court order if you refuse initial placement in special education.  That decision is completely up to you.

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