Parent Response Required
Once the IEP team proposes an IEP, parents have the right to accept or reject the program, in whole or in part. Parents must indicate their response on the IEP, sign the document, and return it within 30 days of receipt. If the document is not returned within 30 days, the school may assume that the IEP has been rejected. Even if you strongly disagree with the proposed IEP or placement, it is always better to continue to communicate with the school and express your concerns in writing.
Reject in Whole or in Part?
Usually, it is better to reject only the portions of the IEP you disagree with and to accept the others. This is especially true if this is your child's first IEP. If you fully reject the first IEP, your child will not receive any special education services. Any services you accept must be immediately implemented.
"Stay-Put"
When parents reject the IEP, "stay-put" rights can be invoked if the student has already been found eligible for special education services. This means that the school must continue to implement the last agreed upon IEP until parties agree otherwise or a hearing officer rules on the child's special education rights.
Expert Tip: Don’t mail in your IEP response without saving a copy for yourself first!
Referral to BSEA
When parents reject an IEP the school should refer the case to the Bureau of Special Education Appeals (BSEA). The BSEA then sends Parents a letter explaining their dispute resolution options. (Parties can voluntarily participate in mediation. If mediation is forgone or unsuccessful, the dispute is resolved by an impartial hearing officer in a due process hearing.) The letter from the BSEA does not initiate a formal appeal unless the District or Parents initiates these options.
If you are confused about how to respond to your child’s IEP, contact the attorneys at Wong & Boscarine LLC today.