"The school says my child's condition is medical, and their grades are fine, so they won't test for special education. Is that allowed?"
Short answer: no, not on those two reasons alone. A health condition being "medical" and a child earning passing grades are not, by themselves, legal reasons for a public school to refuse to evaluate. Under federal special education law, what matters is whether the condition affects how your child does at school and whether your child needs specialized instruction. You have the right to ask, in writing, for that evaluation.
You're not asking for a favor here. You're asking the school to do what the law already requires. Let's walk through why the school's reasons don't hold up, and exactly what to send.
"It's only medical" is not a reason to skip an evaluation
The federal special education law is the Individuals with Disabilities Education Act (IDEA). It creates 13 disability categories a child can qualify under. One of them was written specifically for health conditions. It's called Other Health Impairment (OHI).
Other Health Impairment covers a child whose "limited strength, vitality, or alertness" affects their alertness in the school setting, when that's caused by a chronic or acute health problem. The regulation lists examples by name, including asthma, attention deficit hyperactivity disorder (ADHD), diabetes, epilepsy, a heart condition, sickle cell anemia, and Tourette syndrome. You can read the definition yourself at the U.S. Department of Education's IDEA site: Other Health Impairment, 34 CFR 300.8(c)(9). (Verify before ship.)
Here's the point that matters. The law built a category for health conditions. So a school saying "this is a medical issue, not an education issue" describes the exact situation the category was designed to cover. A diagnosis is a medical fact. Whether that condition affects your child at school is an educational question, and it's the one the evaluation exists to answer.
The one thing the category requires is a connection: the health condition has to adversely affect the child's educational performance. That's what the evaluation looks at. It's not a reason to skip the evaluation. It's the whole reason to do it.
Passing grades don't automatically disqualify your child
This is the second reason schools give, and it's the one that stops many parents. "Her report card is fine, so there's nothing to evaluate."
Grades are one piece of information. They are not the whole test. Eligibility looks at whether the disability affects educational performance, and educational performance is broader than the number on a report card. It can include attendance, stamina through a full school day, focus, and the ability to take part in class.
Think about a real situation. A ninth grader with Crohn's disease keeps her B average, but she misses two days most weeks for flare-ups and appointments. She spends part of every afternoon in the nurse's office. She's exhausted by lunch and can't finish tests in the time given. Her grades look fine because she's working twice as hard as her classmates to hold them there, and because a caring teacher keeps extending deadlines. The grades are hiding the problem, not disproving it.
That's exactly why "passing grades" isn't a legal off-ramp. The evaluation also asks a second question: does the child need specialized instruction or related services to access their education? A child can be bright, be passing, and still need support the school is supposed to provide. Good grades earned at an unsustainable cost are evidence for an evaluation, not against one.
A school can't use a support program to delay the evaluation
There's a third move worth knowing about, because it's common and it sounds reasonable.
Many schools run a program called Response to Intervention (RTI), sometimes folded into a larger system called Multi-Tiered System of Supports (MTSS). In plain terms, RTI/MTSS is a set of extra supports a school gives in the regular classroom, like small-group reading help or a behavior plan, before moving to special education. These supports can genuinely help. The problem is when a school uses them as a waiting room.
You may hear: "Let's try our intervention plan for a semester first, then we'll talk about testing." Under federal law, that's not the school's call to make against your wishes. The U.S. Department of Education's Office of Special Education Programs (OSEP) addressed this directly in OSEP Memo 11-07 (2011). It states that RTI strategies "cannot be used to delay or deny" a full and individual evaluation for a child suspected of having a disability, and that a parent may request an initial evaluation at any time under 34 CFR 300.301(b). (Verify before ship.)
So an intervention plan and an evaluation can happen at the same time. One does not have to wait for the other. If the school offers extra support, that's fine. It just can't be the reason your written request goes in a drawer.
Your next step: put the request in writing today
The single most useful thing you can do is ask for the evaluation in writing. A verbal request counts, but a dated written one starts the clock and creates a record. Here's how to do it.
- Write a short, plain letter or email. State that you're requesting a full initial special education evaluation under IDEA, and briefly name your concerns and your child's condition. You don't need legal wording. The Center for Parent Information and Resources has a plain sample you can adapt: Requesting an Initial Evaluation for Special Education Services. (Verify before ship.)
- Send it to the right person. Address it to the school's principal or the district's special education director, not only your child's teacher.
- Date it and keep a copy. If you email, keep the sent message. If you hand-deliver a letter, ask for it to be date-stamped, or send a follow-up email noting the date you dropped it off.
- Watch for the consent form and the timeline. The school needs your written consent before it can evaluate. Once you give consent, the evaluation is generally completed within 60 days under federal law, unless your state has set its own timeline, per the Center for Parent Information and Resources' 10 Basics of the Special Education Process under IDEA (2022).
If it helps to understand where this leads, our plain guides on what an IEP is and what it covers and what an education advocate does at an IEP meeting walk through the meeting itself.
And if you'd rather not do this alone, that's what we're here for. Turnout works with an education advocate who helps you prepare the request, gets your paperwork in order, and sits beside you in the meeting to hold the school to what the law requires. You stay the parent and the decision-maker. We bring the map. Talk to Turnout about your child's evaluation.
You didn't do anything wrong by asking, and your next step is a short letter you can send today.
Frequently asked questions
Can the school refuse to evaluate my child because the condition is medical?
Not for that reason alone. IDEA includes a category, Other Health Impairment, written specifically for health conditions like asthma, ADHD, diabetes, and epilepsy. The question the evaluation answers is whether the condition affects your child's education and whether they need specialized instruction. If you disagree with a refusal, the school must give you that decision in writing (called prior written notice), which explains why and preserves your options. Ask for it in writing.
My child gets good grades. Doesn't that mean they don't qualify?
No, grades are only one factor. Eligibility looks at educational performance broadly, which can include attendance, stamina, focus, and participation, not just the report card. It also asks whether your child needs specialized instruction to access their education. A child can pass and still qualify, especially when the grades take an unsustainable amount of effort or accommodation to reach. Request the evaluation and let the results speak.
The school wants to try an intervention plan first. Do I have to wait?
No. Under OSEP Memo 11-07 (2011), a Response to Intervention (RTI) or Multi-Tiered System of Supports (MTSS) program cannot be used to delay or deny an evaluation. You can request an initial evaluation at any time, and the intervention plan can run at the same time. Put your request in writing, addressed to the principal or special education director, so the timeline starts.
How do I actually request an evaluation?
Send a short, dated written request to your school principal or district special education director. Say you're requesting a full initial special education evaluation under IDEA and briefly describe your concerns. Keep a copy. After you give written consent, the evaluation is generally completed within 60 days under federal law, unless your state sets its own timeline. The Center for Parent Information and Resources offers a free sample letter you can adapt.
