The School Is Ignoring My Child's Private Evaluation

You paid for a private evaluation that recommends more services, but the school won't even look at it. Here's the law.

Mary, Special Education Advocate
Expert Reviewedby Mary

"I've sat at over 500 IEP tables."

I'm Mary, a Special Education Advocate and the founder of The Advocate Ally. I created this special education resource because too many parents feel pressured to accept generic, "cookie-cutter" IEPs.

The guidance below is grounded in the same practical, document-based questions I raise in IEP meetings every day. Use it to ask for clearer, more individualized support for your child.

Mary

Founder, The Advocate Ally

What's Happening

You obtained a private evaluation from an outside specialist that identifies new needs or recommends additional services. The school is dismissing the findings or refusing to consider them.

Your Legal Rights

Under IDEA, the school must consider a privately obtained evaluation that meets agency criteria. The team does not have to adopt every recommendation, but it should be able to explain its decisions.

  • IDEA requires the IEP team to 'consider' all outside evaluations presented by parents.
  • The school must consider a private evaluation that meets agency criteria.
  • If the team disagrees with findings, they must explain why in a Prior Written Notice.
  • Private evaluations can also be presented as evidence in due process hearings.

What To Do Right Now

1

Submit the evaluation to the school in writing and request an IEP meeting to review it.

2

At the meeting, go through each recommendation and ask for the school's response.

3

For any rejected recommendation, ask: 'What is your data-based reason for disagreeing?'

4

Request a PWN for each rejected recommendation.

Don't Go Into This Blind

Before you send a letter or file a complaint, start with the written IEP. The audit can flag documented gaps, weak language, and sections that may deserve a written question or closer professional review.

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Frequently Asked Questions

Does 'consider' mean they have to implement the recommendations?
Not necessarily. But they must discuss each finding, explain their reasoning if they disagree, and document it in a PWN.
Should I get the evaluation before or after the IEP meeting?
Before is better—share it in advance so the team has time to review it and come prepared to discuss.
What qualifications does the private evaluator need?
The evaluator should be licensed in their field (psychologist, SLP, OT, etc.) and have experience with your child's specific disability.
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