“I felt so alone in my child’s IEP team meeting. I thought I had things covered, but it was intimidating, confusing, and I can’t remember half of what was said. I just received the proposed IEP following the meeting and I don’t know how to respond. It’s probably just what we talked about, right? I can just sign it, right?”
Well, do you sign all contracts without reading them? This one impacts your child's specially designed instruction and delivery of services. Please read it and make sure you understand it. An IEP is essentially a contract. You can learn more about your rights by reading the Parent's Notice of Procedural Safeguards that districts should be providing you with as part of the special education process.
If you ever decide to appeal the IEP, a hearing officer at the Bureau of Special Education Appeals (BSEA), could look at your accepted IEP and decide: that the district implemented the IEP as written and accepted; that the district was not required to do anything more than what was contained in the IEP; therefore, the district provided a free appropriate public education for your child; and find in favor of the district. This can happen even if the IEP was not what was discussed in the team meeting.
What to consider when responding to a district’s proposed IEP:
ACCEPT - Read your child’s IEP carefully from beginning to end. Accepting an IEP in full means that you agree with everything in your child’s IEP. Proposed IEPs are crafted from the discussions that take place in team meetings and the recommendations of the teachers and staff. I’m generally not satisfied with the initial draft, but if I’m reading an IEP it’s because the family has come to me with a problem. If, for example, any of the goals aren’t measurable, any of the services aren’t sufficient or consistent with the child’s diagnosis(es), or if information was omitted from the Additional Information page, it could be too late because you checked off the box, “I accept the IEP as developed” and signed your name.
One exception to accountability for accepting an IEP is whether you truly consented to the terms. Were you provided with documents in your language and, if not, did not fully understand what you were consenting to? Consent is for another Post.
REJECT - There are many portions to an IEP. If you fully reject a proposed IEP, be aware that you are rejecting portions that may be appropriate and beneficial for your child. The district will send notice of the rejected IEP to the BSEA and you will subsequently receive information from the BSEA including your rights for resolving the rejected IEP. You can mediate, you can have a due process hearing, or you can simply resolve the matter with the district informally. Maybe the previous IEP didn’t include a new mental health diagnosis (IDEA disability category - emotional disturbance) and the newly proposed IEP includes counseling for your child’s anxiety and depression. Rejecting in full may deprive your child of weekly sessions with the school psychologist and a social/emotional goal. If this is your child’s first IEP and you reject the IEP in full, the district is not obligated to provide any services to your child until an IEP is fully developed and accepted.
There may be instances where you have had disputes with the district and a full rejection may be warranted. Consider the circumstances and, when in doubt, consult an advocate or attorney.
PARTIALLY REJECT - You can partially reject an IEP, and the portions of the IEP that you accept will be implemented immediately. Make sure you write in the IEP, under the box that says you are partially rejecting the IEP, what portions you are rejecting. Or reference an attachment of your rejections and include that attachment with your signed IEP. As with a full rejection, the district will send notice of your partial rejection to the BSEA and you will subsequently receive notice from the BSEA of your rights. I have found that districts are generally open to discussing partially rejected IEPs in the hopes of developing an agreed upon IEP.
30 DAYS - If this is your child’s 1st IEP, and you don’t respond within 30 days, the district is not obligated to implement the IEP. If this is not your child’s 1st IEP and you don’t respond within 30 days, then it will be implied that you have invoked “stay put” as to the last signed IEP and its contents will remain in effect.
PLACEMENT - Your IEP and Placement responses can be different. You can accept one and reject the other.
If your team meetings are not going well and you and the district simply can't agree, you can request a facilitated meeting through the BSEA. A neutral party can help resolve outstanding issues free of charge. Click here to read about facilitated meetings.
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