Appealing a Denial: Parent Rights You Need to Know
Quick Answer
If your child is denied a 504 Plan or IEP, you have the right to appeal. In 2025, parents can request mediation, file for due process, or ask for an Independent Educational Evaluation (IEE). Schools must provide written notice for denials and follow legal timelines.
Why Denials Happen
It can be discouraging to hear “no” after requesting an evaluation. Some of the most common reasons schools deny accommodations include:
“The child is doing fine academically.” Even if ADHD affects daily functioning, schools sometimes point to grades.
“Symptoms aren’t severe enough.” Schools may argue that ADHD doesn’t “substantially limit” learning.
“Classroom strategies are working.” Teachers may report that informal supports are sufficient.
“No medical documentation provided.” While not required, outside documentation strengthens a case.
Your Rights in 2025
Even if the school says no, the law protects your right to advocate. Parents are entitled to:
Written Notice (Prior Written Notice): Schools must explain in writing why they denied the request.
Access to Records: Parents can review all evaluation data and meeting notes.
Request for Independent Educational Evaluation (IEE): If you disagree with the school’s evaluation, you may ask the district to pay for an outside evaluation.
Mediation: A voluntary process where a neutral mediator helps both sides reach agreement.
Due Process Hearing: A formal legal proceeding where a hearing officer decides the outcome.
Step-by-Step: How to Appeal a Denial
1. Review the Denial Letter Carefully
Look for the specific reasons given.
Compare them against your child’s actual daily struggles.
2. Gather Evidence
Medical: ADHD diagnosis, treatment notes, or assessments.
Educational: Teacher statements, report cards, test data, or work samples.
Behavioral: Logs of attention issues, suspensions, or difficulty completing homework.
3. Request an Independent Educational Evaluation (IEE)
If you believe the school’s evaluation missed something, you can request an IEE in writing. Districts must either agree to fund the IEE or initiate a hearing to prove their evaluation was appropriate.
4. File for Mediation
This is often the fastest, least adversarial option. Parents and the school meet with a mediator to find middle ground.
5. Due Process
If mediation fails, you can file for a due process hearing. While this is more formal and may require an advocate or attorney, it ensures a neutral third party reviews your case.
Practical Tips for Parents
Keep everything in writing. Email or letters provide a paper trail.
Document meetings. Take notes or bring an advocate.
Stay calm and persistent. Emotional reactions can make advocacy harder; documentation and persistence work better.
Know your timelines. Each state has specific deadlines for appeals and hearings.
Frequently Asked Questions
Q: How long does an appeal take?
Mediation can be scheduled within weeks, while due process hearings may take several months.
Q: Do I need a lawyer?
Not always. Some parents navigate mediation alone, but legal support is helpful in due process hearings.
Q: Can my child get supports during the appeal process?
In some cases, yes — temporary accommodations may be provided while appeals are pending, depending on state law.
Q: Does a denial mean my child will never qualify?
No. Needs can change, and parents can request reevaluation if ADHD symptoms continue to interfere with learning.
Final Word for Parents
A denial doesn’t have to be the end of the road. In fact, many parents are successful on appeal once they gather evidence and persist. Remember: your child’s rights are protected under federal law, and you are their best advocate.
And while you work through the school system, ADHD challenges don’t pause at home.
👉 That’s why we built Bonding Health — an app with quick, rewards-based exercises that help parents manage emotional regulation daily. While schools focus on paperwork, Bonding gives families real-time support at home. Learn more here.
