Legal Help for Special Education Evaluation Disputes in New Jersey

If your child is struggling in school, the first step to getting help is an appropriate evaluation. Unfortunately, many New Jersey school districts delay testing, misidentify disabilities, or deliver incomplete assessments that downplay a student’s needs. This isn’t just frustrating — it’s a violation of state and federal law.

At Ratliff Jackson LLP, we represent families across New Jersey in disputes involving educational evaluations, reevaluations, and Independent Educational Evaluations (IEEs). If your district failed to assess your child properly or denied you access to an outside evaluator, we act fast to assert your legal rights — and secure the educational services your child is entitled to.

Why Evaluations Matter in Special Education

Under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, evaluations determine everything — eligibility, services, placement, and support. If the district gets the evaluation wrong, the entire system fails your child.

We help families challenge:

• Refusals to evaluate despite documented academic or behavioral struggles
• Delays in completing evaluations within the required 90-day timeline
• Incomplete testing (e.g., skipping speech, OT, or functional behavior assessments)
• Inappropriate eligibility decisions (e.g., denying IEP when one is needed)
• Misclassification under the wrong IDEA category
• Failure to consider private medical or psychological data

These failures often result in students being wrongfully denied IEP or 504 eligibility — or receiving plans that lack meaningful support.

Your Rights Under IDEA, Section 504, and NJ Law

Parents have strong rights when it comes to evaluations and assessments. Districts are legally required to:

• Evaluate students suspected of needing special education at no cost to parents
• Use multiple, valid, and non-discriminatory assessments
• Complete evaluations within 90 calendar days of parental consent (per N.J.A.C. 6A:14-3.4)
• Provide detailed Written Evaluation Reports (WERs)
• Conduct triennial reevaluations or more frequently if conditions warrant
• Consider parent input and private evaluations in making decisions

If the school refuses to evaluate, delays the process, or fails to assess in all suspected areas of disability, we can demand compliance or pursue a due process hearing to enforce your child’s rights.

Independent Educational Evaluations (IEEs): You May Be Entitled to One

If you disagree with the district’s evaluation, you have the right to request — and potentially obtain — an Independent Educational Evaluation (IEE) at public expense. This can include:

• Neuropsychological testing
• Speech and language assessments
• Occupational therapy evaluations
• Behavioral and functional assessments
• Dyslexia screenings
• Psychiatric or developmental evaluations

Districts may grant the IEE or file for a hearing to defend their evaluation. We represent families through the entire IEE process, including:

• Drafting formal IEE requests
• Identifying qualified independent evaluators
• Negotiating funding and timelines with the district
• Using IEE results to build stronger IEPs or challenge denials

Frequently Asked Questions: Evaluation Disputes in NJ

What if the school refuses to evaluate my child?

If your child is showing signs of learning, behavioral, or emotional difficulties and the school refuses to evaluate, they may be violating Child Find obligations under IDEA and New Jersey law. We can demand an evaluation or initiate legal proceedings.

How long does the school have to complete the evaluation?

Once you provide written consent, the district has 90 calendar days to complete the evaluation and hold an eligibility meeting. Delays beyond this can justify legal action.

Can I bring my own private evaluation to an IEP meeting?

Yes — and the IEP team must consider all private evaluations you submit. They aren’t required to accept them in full, but they cannot ignore them.

Is an IEE free or do I have to pay out of pocket?

If you disagree with the district’s evaluation, you may request an IEE at public expense. The district must either pay or file for a hearing to prove their evaluation was appropriate.

What if the school evaluated but didn’t test in all areas?

Evaluations must address all suspected areas of disability, including academic, social-emotional, behavioral, and physical needs. Skipping key areas is a procedural violation under IDEA.

When the School Won’t Act, We Will.

You know your child best. If you suspect the school has failed to evaluate your child properly — or refused to listen to outside experts — it’s time to take action. At Ratliff Jackson LLP, we fight for families when school districts fall short. We understand the law, the testing process, and the real-world consequences of delay.

Call 856-209-3111 or contact us online to schedule a consultation. We’ll review your child’s records, explain your legal options, and work to secure the evaluations and support your child deserves.