I KNOW HOW to Disagree With the IEP.

Making the System Work FOR You

WHAT SHOULD PARENTS DO WHEN THEY DON’T AGREE WITH THE SCHOOL SYSTEM REGARDING AN IEP? They can disagree with the school system regarding any of the 3 areas of IEP Appropriateness, IEP Compliance, or IEP Discrimination.  You can choose only one of the areas. (See previous Blog!!!)

We need to use a collaborative approach to encourage families and professionals to develop a meaningful educational program designed to address all the student needs appropriately.

BE PREPARED TO USE IEP MEETINGS WITH THE INTENT TO PREVENT AND RESOLVE CONFLICT BY ENCOURAGING ACTIVE PARENT PARTICIPATION THROUGH CONSISTENT CHILD FOCUSING AND CONSENSUS BUILDING.

A 2022 research study showed that 40% of parents are dissatisfied with their participation in the IEP process.¹

This is due to:

• the school district staff’s lack of IEP regulation knowledge
• lack of IEP development leadership
• lack of parent support and education
• lack of facilitated parent inclusion in the IEP process
• lack of the creative use of educational resources
• Educator’s lack of knowledge of and use of updated research-based educational practices, and
• lack of teacher support.

This is what makes the IEP process fail.

REMEMBER THAT INTERDISCIPLINARY COLLABORATION IS REQUIRED FOR STUDENT PROGRESS AND AUTHENTIC AND EFFECTIVE INCLUSION TO OCCUR.

WHAT DO YOU DO

 1. First, discuss your concerns and work the IEP process so to resolve any disagreement.

• Actively participating in the IEP meeting
• This could include taking and sharing data.
• Document, document, document
• You could be agreeing to implement a program for a limited time period and come back to the table

 2. Write your parent input to the IEP  

• Write your parental concerns clearly so all issues may be addressed, referencing documentation as appropriate.
• Note what has been requested and what has been refused
• Note what behaviors and issues look like
• Note what works and what does not work
• Note non-compliance and comments of import.

  3.  Write your parent input to the evaluation report

• Define clearly what is inaccurate, inappropriate, or incomplete in the evaluation

 4. Request a meeting for the school to explain their decisions to you

• WHAT DATA WAS USED TO MAKE THEIR DETERMINATION
• You have the legal right to request that they explain it to you.
• Did the school test correctly?
• Sometimes your child can qualify for support through more than one category.
• Are the Baselines accurate?
• Is there Prompt data taken?

 5. Ask for an Independent Educational Evaluation,

• This is where the school pays to have an outside professional test your child. Because you feel that:
  • Qualifications are lacking
  • Recommendations are not specific enough to develop an IEP
  • Did not meet their standards of practice
  • Testing not thorough enough or indicate the need for additional testing
  • All areas of need were not identified across environments
• The evaluation wasn’t done in your child’s native language.
• You feel that the original evaluation was incomplete and additional tests are needed.
• Write a letter, “return receipt requested” from the post office explaining why you feel this way and requesting the TYPE of IEEs you want.

6. Have your child evaluated by outside professionals, and       pay for it yourself,

• Then write a letter requesting an IEP, saying that you have outside testing results for the team to consider.
• Make sure that these professionals have a history of writing appropriate reports. Otherwise, this can be a waste of money.

 7. Request Another IEP Meeting

• Prepare your agenda and send it ahead of time

 8. Request An Informal meeting

• Call a meeting to discuss your concerns.  Bring your data and agenda for the meeting.
• Go back to the IEP table before you jump to outside processes.

 9. Hire a Nationally Board-Certified Education Advocate

• A cross-trained advocate, not someone who just knows one type of child /disability.
• Hire someone who is child-focused.

10. Request IEP Facilitation

• When IEP teams reach an impasse or meetings are expected to be contentious, an independent, trained facilitator may help guide the process.

11. Disagree With Part Of The IEP

• This will ensure that the school begins supporting your child while you continue to negotiate/ discuss IEP.

12. Ask for Mediation

• An impartial mediator talks openly about the areas of disagreement and tries to reach an agreement. It is a free, confidential, and voluntary process. Decisions are legally binding.

 13. File a State Department of Education Complaint

• Must be filed within 1 year of the incident. In the majority of cases, the LEA must resolve your complaint within 60 days. (for non-compliance with an IEP or non-compliance with the IEP process)

14. File an Office of Civil Rights Complaint

• An OCR complaint must be filed within 180 days of the school’s violation. It protects students from discrimination. (for discrimination cases)

15. File a Due process Complaint - Requesting a Hearing

• Due process is a serious and involved legal process that can cost $30-50,000. It requires an attorney. It includes a
• Resolution Process/Meeting occurs prior to the Due Process hearing and is PART of a due process and not a separate resolution process
• File a Lawsuit in State or Federal Court You must file due process first. If you don’t win at a Due-process hearing you can file a Lawsuit. You must file your case in commonwealth or federal court within 90 calendar days after the hearing officer’s decision.

Learn about the above processes through the NSEAI Board Certified Education Advocate^TM program at NSEAI.org.

¹ Factors Associated With Parent IEP Satisfaction Cross ref DOI link: https://doi.org/10.1177/07419325221111571  Published Online: 2022-07-22 

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AUTHORS

Marie Lewis is an author, consultant, and national speaker on best practices in education advocacy. She is a parent of 3 children and a Disability Case Manager, Board Certified Education Advocate, and Behavior Specialist Consultant. She has assisted in the development of thousands of IEPs nationally and consults on developing appropriately individualized IEPs that are outcome-based vs legally sufficient. She brings a great depth of expertise, practical experience, and compassion to her work as well as expert insight, vision, and systemic thinking. She is passionate and funny and she always inspires and informs.

MJ Gore has an MEd in counseling and a degree in elementary education and natural sciences. She worked as a life-skills and learning support teacher She has been honored with the Presidential Volunteer Service Award. She is the Director and on the faculty at the National Special Education Advocacy Institute. Her passion is social justice, especially in the area of education. She is a Board Certified Education Advocate who teaches professional advocates, educators, and clinicians the best practices in education advocacy.