An Individualized Education Program (IEP) is designed to provide a customized approach to your child’s education. But what should you do if you disagree with that plan? Whether the disagreement involves goals, services, placement, or accommodations, it is your right as a parent or guardian of a child who needs special education to advocate for your child’s success.
Education rights attorney Jennifer Chang provides compassionate legal support to families navigating the California special education system. Continue reading to learn how to challenge an IEP decision you believe doesn’t meet your child’s needs:
1. Know Your Rights as a Parent or Guardian
Understanding your legal rights will empower you to advocate effectively and ensure your voice is heard. While many parents feel they have little say in their child’s IEP, all parents have the final say on IEP decisions and are an integral part of their child’s IEP team.
The Individuals with Disabilities Education Act (IDEA) grants parents the right to be involved in every part of their child’s educational planning. This includes reviewing records, requesting meetings, obtaining independent evaluations, and challenging decisions at team meetings or through mediation or due process.
An IEP cannot be implemented or modified without the consent of a parent or guardian.
2. Develop a Clear Understanding of the Disagreement
Begin by pinpointing exactly which part of the IEP you disagree with. Whether you disagree with the eligibility determination, the goals, the services provided, or the placement choice, you will need to understand the issue and articulate your concerns fully.
Take some time to carefully review your child’s IEP and consult an experienced education rights attorney if you need help understanding your rights and legal implications. Highlight specific areas where you feel your child’s needs are not adequately addressed or supported, and make notes about particular additions you would like the school to provide and why. Be as specific as possible. This clarity will help guide your next steps and enable you to communicate your concerns effectively.
3. Document Everything
Thorough documentation is the best way to demonstrate your concerns and the need to modify an IEP. Keeping copies of not only student work but also communication with the school and teachers, medical and academic records, and any academic or therapeutic evaluations can help support your child’s needs.
Whether you are demonstrating a lack of growth or advocating for services not included in the IEP, a well-documented record supports your position and shows your proactive effort. Consider organizing the following forms of documentation to bring to your IEP meeting:
- Emails and communication with the school
- Your child’s evaluations, assessments, and progress reports
- Notes and recordings from IEP meetings
- Your child’s academic growth data from previous years to present
- Medical or psychological evaluations
- Your child’s behavioral reports
4. Request an IEP Meeting or an Independent Educational Evaluation (IEE)
If you believe the IEP is not appropriate for your child’s needs, your first formal step should be to request an IEP meeting. Requests made outside of the regular annual IEP meeting must be submitted in writing to the school administration or special education specialist. Parents and guardians have the legal right to request a meeting at any time.
Under the IDEA, if a parent disagrees with the IEP decision, they can request an Independent Educational Evaluation (IEE) to be conducted at the school’s expense. An IEE is an assessment performed by a neutral, third-party professional not affiliated with the school district that serves your child. It can provide an additional evaluation of your child’s needs.
5. Bring an Advocate
Complex situations may require legal guidance or the support of a lawyer or advocate who has specific experience navigating special education concerns. Parents always have the right to bring a lawyer or special education professional to an IEP meeting.
6. Consider Mediation or Due Process
If disagreements remain unresolved after working with your child’s IEP team, parents can opt to pursue decision-making through mediation or a due process hearing.
Mediation is a voluntary, confidential process in which a neutral third party assists you and the school in reaching an agreement. If mediation is unsuccessful, a parent also has the right to file a due process complaint. This leads to a due process hearing, where a court makes a final decision. Both the school district and the parent present their cases to an administrative law judge, who issues a binding decision.
While mediation often results in quicker resolutions, due process may be necessary depending on the complexity of the situation and if key issues remain disputed.
If you’re facing an IEP dispute and are unsure of your next steps, contact the Law Offices of Jennifer Chang. As an education rights attorney with a passion for empowering families and protecting the rights of students with disabilities, Jennifer can help ensure your child receives the education they are legally entitled to.