What to Do If Your School Denies Your Child's IEP in California

If your child's school has denied their Individualized Education Program (IEP), you're not alone and you're not powerless. Every year, thousands of California families face pushback from school districts that refuse to provide the services their children are legally entitled to.

At Hope4Families, we see this every day. And we want you to know: the law is on your side.

Your Child Has a Legal Right to an IEP

Under the Individuals with Disabilities Education Act (IDEA), every child with a qualifying disability has the right to a Free Appropriate Public Education, known as FAPE. If your child has been evaluated and qualifies for special education services, the school district is required by law to develop and implement an IEP tailored to their needs.

When a school denies an IEP whether by refusing to evaluate your child, rejecting your request for services, or failing to follow through on an existing plan they may be violating federal and state law.

Common Reasons Schools Deny IEPs

Schools may push back on IEPs for a number of reasons, and not all of them are valid. Some of the most common situations our attorneys see include:

The school claims your child "doesn't qualify" despite clear evidence of a disability. The district says your child is "doing fine academically" even though they're struggling socially, emotionally, or behaviorally. The school offers a 504 Plan instead of an IEP without properly explaining the difference. The district delays evaluations or meetings hoping you'll give up.

None of these are acceptable reasons to deny your child the support they need.

Steps You Can Take Right Now

1. Put everything in writing. Send a written request to the school asking them to explain exactly why your child's IEP was denied. Under California law, the district is required to provide a written explanation called Prior Written Notice (PWN) whenever they refuse to initiate or change services.

2. Request an IEP meeting. You have the right to request an IEP meeting at any time. Put your request in writing and send it to the school's special education department. The district must hold the meeting within 30 days.

3. Know your right to an Independent Educational Evaluation (IEE). If you disagree with the school's evaluation of your child, you have the right to request an IEE at the district's expense. This means an outside professional evaluates your child, and the school must consider the results.

4. File a compliance complaint. You can file a complaint with the California Department of Education (CDE) if you believe the school is violating IDEA. The CDE must investigate and respond within 60 days.

5. Request due process. If informal efforts don't work, you can file for a due process hearing through the Office of Administrative Hearings (OAH). This is a formal legal proceeding where both sides present their case. This is where having an attorney makes a real difference.

You Don't Have to Do This Alone

Navigating the special education system can feel overwhelming, especially when the people who are supposed to help your child are the ones standing in the way. That's why Hope4Families exists.

We provide free legal representation to families across California who are fighting for their children's special education rights. Our attorneys handle everything from IEP meetings to due process hearings at no cost to you.

Your child deserves the education they're entitled to. Don't let a denial be the end of the conversation.

👉 Schedule a Free Consultation with Hope4Families today. We serve families throughout California.