Parent Signature on an IEP and Consent

When it comes to parents and IEPs, there is a common thought that without a signature from the student’s parents, the IEP cannot move forward or be implemented. While that may be the case in some states, that is not true for the majority of states in the country.

So when and where is a signature from parents required on an IEP? And, what can parents do if they disagree with what is in the IEP and do not wish to proceed with it as is?

Let us take a look at what a parent signature means for an IEP and ways for them to advocate for an IEP when they disagree.


A Closer Look at a Parent Signature

According to the Individuals with Disabilities Education Act (IDEA), parental consent is required for the initial evaluation and implementation of services. That means that when the student is first being tested and evaluated for services, parents must sign off on those actions. They must also give consent for the student to receive services in the initial phase.

However, that does not apply in the same way to subsequent IEPs.

Of the 50 states, only four require a parent’s signature on all IEPs. Those states are Massachusetts, California, Montana, and Virginia. The other 46 states do not require a parent’s signature on subsequent IEPs before automatically implementing them.

To Sign or Not to Sign

If a parent disagrees with what is in the IEP and they do not live in one of the four states where a signature is required before any implementation can be done, they need to know what to do to contest the IEP as is.

The answer to where and how to do that is in the procedural safeguards handouts that must be given to them at the very beginning of the IEP meeting. The safeguards explain how the IEP can be contested and what is required to make that happen.

Unfortunately, since many parents believe that withholding their signature is the way to demonstrate their disagreement about the IEP, they never read the procedural safeguards and are surprised and angered when the school starts to implement the services.

Not signing the IEP does not demonstrate or wield power over the process, as the IEP and services can still move forward without it.


Here is a short snippet from one of the trainings inside of TII membership about getting to the signature:

The membership also provides guidance on keeping parents involved, which can be challenging for everyone!

You can join The Intentional IEP to gain access to over 150+ different IEP related trainings, and access to our IEP Goal Bank.  Click the image above to join!


What to Do Instead of Refusing to Sign

Instead of refusing to sign the IEP if there is a disagreement about the services and document itself, the most important thing a parent can do is read the procedural safeguards.

The document will tell you how to voice your dissent and the steps that you need to take in order to contest the school’s recommendations.

It is the law that procedural safeguards include:

Opportunity to present and resolve complaints through the due process complaint and State complaint procedures, including—
(i) The time period in which to file a complaint;
(ii) The opportunity for the agency to resolve the complaint; and
(iii) The difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;
So, while the procedural safeguards document may not be the most interesting to read, it does contain everything families need to know about how to challenge the school.

Withholding a parent signature on an IEP does nothing to ensure that the school stops moving ahead with the recommendations in the document. Following the procedures outlined in the procedural safeguards does.

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