Administrators often review individualized education programs (IEPs) with parents and teachers at the start of the school year. You'll probably attend one of these meetings if you have a child with a cognitive or learning disability. An IEP meeting reviews the accommodations for students with disabilities and highlights any changes to the plan. These changes might mean more or less time in the generalized classroom or the addition or reduction of learning aids.
What happens when you disagree with these recommendations? You know your child better than the school district, and you are allowed to voice your concerns if you don’t think the IEP will provide the right learning environment for your child.
There is a right and a wrong way to contest an IEP. Follow these tips to handle the situation effectively.
Know your “stay put” rights
The first thing to remember is that you don’t need to rush into a decision. Do not let school administrators or teachers pressure you into following their timeline or agreeing to an IEP before the new school year.
If you have a problem with the IEP, you can evoke your child’s “stay put” rights. These rights state that the school cannot make any changes without your consent and the child will continue to receive the same accommodation until everyone agrees. It also goes the other way: the school will not make changes you request until they approve them.
For example, if your child had a teaching aide that sat with them in class last year and the school doesn’t recommend that accommodation this year, you can request that the aide stays put until you and the school reach an agreement. Your child will work with the aide until everyone agrees to a new IEP.
Attend the IEP meeting to review any proposed changes
Your school should schedule IEP meetings for the initial review of the proposal, recommend changes, and an annual review of the plan. You should receive a written plan for your child’s education and accommodations during the meeting, but you do not need to agree to anything yet. Use the time to review any changes to the plan and listen to why the teachers and admins think these changes are necessary or beneficial.
In most cases, you should be allowed to record the meeting, take notes, and request extra copies of the IEP. Your recording and notes are two powerful tools that will save you from relying on your memory of the meeting moving forward.
You can also give these resources to a mediator if you and the school cannot come to an agreement.
Sign the IEP but document your objections
One of the most common questions parents ask is whether they should sign an IEP at the end of the initial meeting. Experts say you should consent to the IEP but write in ballpoint pen on the contract that you disagree with its contents. The team at Wrights Law has a statement that you can use:
I consent to the school implementing this IEP because something is better than nothing, but I object to the IEP for the reasons I stated during the meeting.
Do not let anyone tell you that you cannot write on the IEP because it is a legal document. This statement can prevent districts from bullying you into agreeing to an undesirable IEP by threatening not to provide any accommodations. Talk to a lawyer or objective party if you are concerned that signing an IEP will conflict with your “stay put” rights.
Before you leave, request any objections and concerns to be added to the meeting notes to start the paper trail documenting your disapproval. Obtain a copy of the meeting notes to confirm your concerns were documented clearly.
Take a step back when things get heated
An IEP can feel like a negotiation if the school wants to make changes that you do not agree with. It’s easy to get frustrated when you feel like your child isn’t being treated equitably. Schools also have limits to what they can offer, and they might be trying to act in your child's best interest while feeling restricted by their resources.
You may get to a point in these discussions where you cannot reach an agreement. When this happens, it’s okay to end the meeting and reschedule for a later date. During this time, your child will continue to receive resources through their “stay put” rights, and you can build a case for why the IEP is unacceptable.
There are times when taking a break can work in your favor. The administrative team might review their resources and agree to your request. They might propose other options that are agreeable to both parties. However, you can’t force them to change their minds and they can’t force you to accept a plan you disagree with.
Document your objections in writing
Follow up after the meeting with a letter explaining why you disagree with the school’s decision. You may need to take some time to calm down if the IEP discussions get emotional. Politely explain each concern and discuss why the accommodations aren’t appropriate for your child.
Sending this letter continues the paper trail of your disagreement with the IEP. If the discussions escalate to the district, objective parties will have this letter to review so they can better understand your concerns.
Find a mediator to work with the school
You aren’t the first parent to disagree with an IEP. Your school likely has processes for handling disagreements and groups to mediate these decisions. If you cannot reach an agreement with school personnel, you may need to work with the parent response unit or compliance office. In some cases, you may need to bring in an objective mediator.
A mediator knows your rights. They know how to handle negotiations and approach the situation objectively. If you feel like you aren’t getting anywhere with the school, then you need a mediator.
Keep your child the focus of every meeting
As you take steps to contest an IEP, make sure your child is the focus of every discussion. When meetings get heated, it is easy to fall into personal attacks or highlight other problems unrelated to the specific IEP. Stay calm and focused. Some parents even bring framed photos of the child so everyone has a visual touchpoint reminding them why they are meeting.
The teachers, administrators, and support staff at your child’s school should want what is best for your child. While you may disagree with the recommendations of the IEP, you don’t have to ruin your relationship with the people teaching your child. By arriving to meetings prepared, knowing your rights, and keeping a level head, you can be the advocate your child needs.
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