When a parent asks Clark County School District for a special education evaluation and the school team decides not to test, CCSD must send a written Parental Prior Notice of District Refusal, form CCF 567 or 567.1, within ten calendar days of the request. That rule is in chapter 9.4.2 of the district's November 2026 Special Education Procedures Manual, linked from ssd.ccsd.net. Nevada's NAC 388.325 then gives the parent three formal ways to fight it: mediation, a due process complaint, or a state complaint. Both sources were checked Wednesday, November 4, 2026.
Did the school actually say no?
Many refusals never get called refusals. They can sound like:
A plan to put your child in interventions for a few weeks and see.
A comment that passing grades mean your child would not qualify.
A request for more data before anyone will refer.
A referral that went to the school psychologist and came back.
Each of those can be a decision not to evaluate. The manual's example of when an evaluation is "NOT warranted" is exactly this: "determined that interventions will be tried first." When that is the decision, the manual says a Parental Prior Notice of District Refusal "must be completed and sent to parents/guardians."
If you made a request, verbally or in writing, and ten calendar days pass with no written decision and no meeting scheduled, put it in writing again. The manual's chapter 9.2.2 says the district "has ten calendar days to respond, in writing," either with its decision or "to schedule an MDT meeting to formally address the concern." CCSD Insider's guide to requesting an IEP evaluation has a sample first request.
What should the refusal notice say?
Read it slowly, because it is the district's reasoning on the record. The manual's chapter 7.1 says every prior written notice must include:
A description of the action the district is refusing.
A statement of why it is refusing.
A description of other options considered and why those were rejected.
A description of other relevant factors.
A reminder of your procedural safeguards.
Contact information for help understanding IDEA and those safeguards.
Federal rules at 34 CFR 300.503(b)(3) also require the notice to describe "each evaluation procedure, assessment, record, or report" the district relied on. CCSD's chapter 7.1 form instructions include that requirement, so look for it. For example, a hypothetical notice that says only "Your child is passing" does not identify the assessments, records, or reports the team relied on. A notice that names its sources is different, even if you disagree with how the team read them.
Grades are worth a second look. Federal Child Find rules at 34 CFR 300.111(c)(1) cover a child suspected of having a disability and needing special education "even though they are advancing from grade to grade." Passing is not, by itself, a reason to stop looking.
Can CCSD make me wait for interventions first?
Sometimes, but only when the district does not suspect a disability.
NAC 388.325 lets a school try targeted, research based intervention for a student who is struggling but not suspected of having a disability. It requires a written intervention plan, and "A copy of the intervention plan must be provided to the parents of the pupil." The plan has to name the concern, the intervention, the progress monitoring data the school will collect, how often, the criteria for judging whether it worked, and the schedule for checking.
Then comes the parent's part. Under NAC 388.325(5), a parent may ask for an initial evaluation during the intervention period. If the district suspects a disability, the rule says it "shall not refuse to conduct the initial evaluation or delay the initial evaluation" until the intervention is completed, and it "shall promptly request parental consent to evaluate the pupil." If the district disagrees and does not suspect a disability, it may refuse, but it must give you prior written notice, and you may request mediation, file for due process, or file a state complaint.
CCSD's manual says the same thing in its own words at chapter 9.3: school team intervention practices "may not be used to defer or delay processing of a referral for an evaluation when the team suspects a disability under the IDEA."
You will also hear about the Evidence Scale for MDT Referral, form CCF 572. The manual recommends it, "especially at the elementary school level," and warns that when a school team fails to document interventions and progress monitoring, the referral may be rejected and returned by the MDT. That is a rule about how staff build a referral. The suspicion rule in NAC 388.325(5) and chapter 9.3 is the one that protects your child.
So when the school says "interventions first," ask two questions in writing. Does the team suspect a disability? And may I have the written intervention plan, with the date the team will review the data? NAC 388.325(6) says that if the student turns out to be resistant to the intervention, or needs "continued and substantial effort," the district "shall promptly request parental consent" to evaluate.
What can I send back?
Write a short reply. Keep it calm and specific, date it, and send it to the principal and school psychologist. A version you can adapt:
Subject: Response to evaluation refusal for [child's full name], [grade]
Dear [Principal's name] and [School psychologist's name],
I received the Prior Notice of District Refusal dated [date]. I still suspect [child's name] has a disability that affects [reading, behavior, attention, speech, or the area you see]. I am attaching [doctor's letter, private evaluation, work samples, teacher emails].
Please tell me in writing whether the team suspects a disability. If interventions are planned, please send me the written intervention plan under NAC 388.325, including the data you will collect and the date you will review it.
I am also requesting an MDT meeting to discuss this new information, and I ask that Section 504 eligibility be considered at the same time.
Thank you,
[Your name, phone, email]
New information matters. The manual's chapter 9.2.2 lists ways a parent can raise a suspicion of disability, including "Produce medical documentation" and identifying a family history of a disability. A request "may be brought to school personnel at any time," so a second request built on new data is allowed.
Should I get a private evaluation?
It can help, but know which rule you are using. If you pay for an outside evaluation and share it, 34 CFR 300.502(c) says the district must consider it in any decision about a free appropriate public education, as long as it meets the district's criteria.
An independent educational evaluation at public expense is a different right. The manual's chapter 9.5.8 ties it to a parent who "disagrees with an evaluation obtained by the District." When CCSD has refused to evaluate at all, there is no district evaluation to disagree with yet, so a refusal is usually fought through the routes below.
Which formal route fits a refusal?
NAC 388.325(5) names three. The Nevada Department of Education's dispute resolution page says "All options are offered at no cost to the parents."
Mediation. A voluntary meeting with a neutral mediator, which NDE describes as "A voluntary process in which a mediator assists parents and education agencies to resolve disagreements." Both sides have to agree to take part.
State complaint. Under NAC 388.318, it must be in writing, signed, and filed "not more than 1 year after the date on which the alleged violation occurred." It must state the violation, the facts, your contact information, your child's name, address, and school, the problem, and a proposed resolution. NDE's state complaint page says it must go to both NDE and the district, a written decision is due within 60 calendar days unless extended, and "The results of a state complaint are final and may not be appealed." This fits a refusal that broke a rule, such as no written notice or a delay while the team suspected a disability.
Due process complaint. A hearing before an impartial hearing officer on identification, evaluation, placement, or a free appropriate public education. 34 CFR 300.507 sets a two year window from when you knew or should have known. This fits a real disagreement about whether your child needs testing. CCSD Insider's guide to IEP disagreements, mediation, and due process covers the resolution meeting and hearing clocks.
IEP facilitation is the fourth NDE option, but NDE's facilitation page says it pertains "to an IEP meeting under the Individuals with Disabilities Education Act (IDEA) Part B." A child who has never been evaluated usually has no IEP meeting to facilitate.
Inside CCSD, the 2026 to 2027 Back to School legal notices say concerns about a free appropriate public education go to the school principal, the school's Special Education Region Director, or the Executive Director of the Office of Compliance and Monitoring at 702 799 1020 or 0135-ocm@nv.ccsd.net.
What about a 504 plan in the meantime?
Ask for it, but do not trade your evaluation request for it. A Section 504 evaluation runs through your school's 504 liaison, and CCSD's Section 504 Plans site says it does "not necessarily involve formal testing." A 504 Plan can get accommodations in place while the IDEA question is settled. Disputes run on separate tracks: NDE's state complaint page says it "does not have jurisdiction to investigate violations pertaining to Section 504 accommodations." CCSD Insider's 504 plan vs IEP guide explains the difference.
Does this work the same for preschool, private school, or homeschool?
Yes, through a different door. CCSD's legal notices say the district "will also evaluate children who are homeschooled, enrolled in private school, reside in hospitals, or are homeless," through Child Find at 702 799 7463 or childfind@nv.ccsd.net. The manual's chapter 9.2.4 says "all parent/guardian rights and IDEA/NAC evaluation requirements apply to Child Find evaluations." A Child Find refusal comes with the same written notice and the same three routes.
If your child is facing suspension or expulsion and you asked for an evaluation before the incident, the rights booklet has special discipline protections. CCSD Insider's special education rights guide explains them.
Who do I contact?
Your school principal and school psychologist, for the request, the reply, and an MDT meeting.
CCSD Office of Compliance and Monitoring, Student Services Division: 4170 McLeod Drive, Las Vegas, NV 89121, 702 799 1020, 0135-ocm@nv.ccsd.net.
CCSD Child Find: 702 799 7463, childfind@nv.ccsd.net.
Nevada Department of Education dispute resolution: 775 687 9171, disputeresolution@doe.nv.gov.
Nevada PEP: 702 388 8899 or 1 800 216 5188, PEPInfo@NVPEP.org.
CCSD Insider is an independent parent resource and is not affiliated with the Clark County School District.