Parents often feel as though they have little input or say into what is in their child’s Individualized Education Program (IEP). However, the opposite is, in fact, true.
By law, parents have the final say on IEPs and are equal members of the IEP Team. So what happens if a parent disagrees with the team’s recommendations?
Understanding the Law
Before delving into what repercussions families have when they do not agree with the IEP Team, it is important to understand the special ed law and what it entails.
FAPE
By law, the school is responsible for providing FAPE – Free Appropriate Public Education. An appropriate education means:
An appropriate education will include:
- education services designed to meet the individual education needs of students with disabilities as adequately as the needs of nondisabled students are met;
- the education of each student with a disability with nondisabled students, to the maximum extent appropriate to the needs of the student with a disability;
- evaluation and placement procedures established to guard against misclassification or inappropriate placement of students, and a periodic reevaluation of students who have been provided special education or related services; and
(https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html)
In other words, all students who are classified for special education under IDEA and Section 504 are entitled to an individualized education program that is designed to meet their needs to the same extent as a child who does not have special needs.
When You Disagree with the IEP Team
As the parent or guardian, you are a part of the IEP Team. At any time, you as the parent can disagree with any proposals made during an IEP meeting.
Here’s what you can do as a parent or guardian if you disagree with the IEP Team:
- Make sure you state your objections and concerns during the meeting. Be polite, but firm. Ask that your objections and concerns be added to the IEP and into the IEP meeting notes.
- Record the IEP meeting. Learn more about recording an IEP Meeting here.
- Write a letter to the school after the IEP meeting. State your objections and concerns, and also state that while you don’t agree with the IEP in its entirety, you signed the document so your child would receive some kind of supports and services in the meantime.
- Talk with the caseload manager or special education teacher and express your concerns.
- As the parent or guardian, you can also invoke your “Stay Put” rights. Learn more about this part of the IDEA law here.
If you know before the IEP meeting that you will have objections to the recommendations that the IEP Team is proposing, do not hesitate to bring an advocate with you to the meeting. You are allowed, by law, to have an advocate in attendance. Sometimes having another person there to speak on your behalf is helpful.
- As the parent, you have protections under the IDEA law. To learn more about what those are and your rights, you’ll want to Google or ask the school for a copy of your state’s Procedural Safeguards. This document also outlines your child’s rights under the IDEA laws and regulations.
IEP meetings can be emotional events and it is always a good idea to have an objective party there to lend a voice to your concerns, especially if you are not feeling heard.
Also – don’t be afraid to ask for approval or denial of services to be documented in the Prior Written Notice. The PWN is a written explanation from the school district detailing any decisions regarding your child’s special education supports and services. A PWN is required any time before the school makes changes – or refuses to make changes – to your child’s IEP.
Remember, as the parent, you have a legal right to participate in and voice your concerns and objections. The goal is that, together with the rest of the IEP Team, your child’s educational needs will be met.
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