What happens if the IEP team can’t agree on what the child should have? Well, I wanted to give you a brief tutorial on that.
So, one thing to consider is that the IEP is the school system’s offer of FAPE. It’s their offer of what they believe a free and appropriate public education for your student looks like. You have the opportunity under IDEA to go into a meeting and to be provided meaningful participation in the IEP process. Schools are supposed to allow such, to consider your input and to treat you as an equal member of the IEP team. Schools agreed to comply with this requirement and all requirements under IDEA in exchange for the additional Federal funding they receive. Unfortunately, they take the money and then cut corners and don’t always comply as they promised.
So what happens when you don’t agree? What happens when you make a request and they won’t grant it? Well, there’s a couple things that happen. If you request something for the IEP and they deny your request then they are required to give you something called Prior Written Notice for denying your request. They are also required to provide Prior Written Notice anytime they propose a change that they plan to implement regardless of if you agree with the change or not and BEFORE the change happens. You can learn more about Prior Written Notice here https://www.youtube.com/watch?v=JdHHYdrPVbU The required written notice must outline the items denied or proposed, the data/evaluations and more that were used as the basis for the decision, other factors considered/rejected and why plus more. They can’t just say no, they have to provide the Prior Written Notice to justify their decision. Sadly, parents don’t always know this and schools don’t freely offer it. It is a powerful tool because schools can sometimes quickly say no without good justifications for such. They don’t like to put the why in writing because they have to justify the decision with specific information which they may not have and/or that they did not consider. Many times IEP decisions are made my invisible decision makers based upon District needs/preferences rather than the students individual needs as required. You can learn about Invisible Decision Makers here https://www.youtube.com/watch?v=jyNe6Scc_1c&t
In order to receive the Prior Written Notice you usually have to ask for it which causes tensions/strains especially if the school system did not follow the required protocols for a decision. If Prior Written Notice is provided it usually insufficient (does not meet federal requirements) or it is written in a way that is inaccurate and in the school systems favor to look compliant on paper. I did a You Tube Video on false/misleading Prior Written Notice and IEP Meeting minutes that you can find here https://www.youtube.com/watch?v=9L14cZ0xGbs&t https://www.youtube.com/watch?
So you don’t agree, now what? They’ve given you Prior Written Notice so they have met their clerical obligation under IDEA. Your rights are only rights if you pursue and defend them. This is when the procedural safeguards and dispute resolution options for you as a parent go into effect but you have to pursue them.
And you can fight that decision in a number of ways. First you can ask for mediation or a facilitated IEP meeting. You can watch my video on facilitated IEP’s and mediation here https://www.youtube.com/watch?v=LJfo1bYvtLc&t
You can also file a State Complaint or for a Due Process Hearing. You can watch my videos on both of these options here https://www.youtube.com/watch?v=SBzcGUWMbio and here https://www.youtube.com/watch?v=hNNv5ynGS1o If you file for Due Process before the change is made then whatever was in place at the time that you filed for the Hearing has to remain in place until you go through an Administrative Hearing or settle with the school system. Due Process is a legal proceeding which usually involves attorneys for both sides, a hearing officer (aka judge) which is usually an Attorney and lots of money. Aside from the financial burden it is very stressful and taxing emotionally. All of these things need to be weighed heavily before you file for a Hearing.
It’s so important that you know what your procedural rights are and that you know how to exercise them. One thing that can do before moving forward more aggressively you can disagree with their evaluation and request an Independent Evaluation that the school system has to pay for. I have a video on Independent Evaluation at school district expense that you can watch here https://www.youtube.com/watch?v=Iy9pMHKpXa8&t=
Please understand that they can move forward with whatever it is they want to do unless you file for a Due Process Hearing and Stay Put provisions apply. You’ve got to know your procedural rights. I’m going to recommend again Special Education Law by Peter Wright. I joke that it is my Bible but seriously it was one of the best $25 investments I made all those years ago to help advocate for my kids. Here is a link to the book if you are interested https://amzn.to/2HoIB1x
The rights under the law only apply if you pursue them. Unfortunately it is set up that way, the school system has alot of power but that doesn’t mean they can just run over you. Know your rights and use them. If you are the type that doesn’t like conflict or gets nervous about speaking up then I would be happy to help. I’m a nationwide advocate and I can help ensure your student receives the Free and Appropriate Public Education that the law requires. Contact me at specialeducationlawmom@gmail.com if you would like my help.
Here is my the You Tube Video that I did about all of this https://www.youtube.com/watch?v=LBfB3ngj-MA