Resolving Disagreements with the IEP Team

When parents have a disagreement with the IEP team or a proposal by the IEP team, they can always request another IEP meeting to discuss their concerns with the team. They may also provide the team with additional information or more specific recommendations to solve the disagreement. If the disagreement is about the proposed IEP, you may give the team input on what you believe should be added, changed or removed in writing. It is helpful to explain why your recommendations are necessary to provide your child with a free appropriate public education and how they support their educational needs. You may also wish to consider having your child’s private therapists or doctors write a letter providing their input to the IEP team. .

You may also provide partial consent to the IEP, meaning that you consent to specific goals/services/etc. The school must implement the portions of the IEP that you have given consent to. IMPORTANT, you must request that the IEP team must meet to resolve the areas you have not provided consent to.

Parents always have the right to request a facilitated IEP meeting or third party discussion led by a moderator, mediation, neutral conference, or file for due process if they cannot come to agreement with the IEP team. Parents can also file a complaint if they believe that one of their or their child’s rights have been viloated. For more information on these options, please contact The Parent Information Center on Special Education for more information.

The Parent Information Center believes in resolving disputes in the least adversarial manner. For information on alternative dispute resolution, please view our information on alternative dispute resolution.

Frequently Asked Questions

If you disagree with the IEP you have some choices in how to respond. Parents can always request another IEP meeting to discuss their concerns with the team. In NH, your written parental consent for the IEP is required on every IEP. When your consent for the IEP or other document is requested, parents can respond by giving consent, refusing consent or by providing partial consent.  Except for your child’s first IEP,  if you don’t respond you have given what is called implied consent. If it’s the initial IEP, and you don’t respond (sign), you have failed to provide consent and are refusing special education services. Therefore, it’s important to respond in some way.

In NH your written parental consent for the IEP is required on every IEP. So if it’s a revision of the IEP and you don’t sign it and don’t respond at all, you have given what is called implied consent. Therefore, it is important that you respond in some way. View information on resolving disagreements.

Before looking at your child’s IEP, you should read the evaluations and evaluation reports because they form the foundation of the IEP. View strategies and a list of questions to address your child’s needs .

It is best to be proactive when your child begins to get in trouble in school. To assist the IEP team in understanding and supporting your child’s behavioral needs in a positive manner, you may request an IEP team meeting and ask that a Functional Behavioral Assessment (FBA) be done the first time your child is suspended or has behaviors in school.  The IEP team can use the information from the FBA to create a behavior intervention plan (BIP) to address the behavioral issues in a positive manner. Click here for more information.

No. Your district is likely using the NH Special Education Identification System (NHSEIS) model IEP format which is an on line format. While this format does have drop down menus, these are just suggestions. IEP goals are based on individual child needs not on a predetermined set of services or goals. Therefore, if a child requires a service or goal, the IEP team has the ability to customize those fields.

Yes. If the team has agreed to make a change without a meeting, you may wish request a copy of the IEP with the changes incorporated so that you have the most recent copy of the IEP for your records.

The parent and school district may jointly agree to excuse an IEP Team member from all or part of an IEP meeting if:

  • They agree that the individual’s attendance is not necessary because that person’s area of expertise is not being discussed at the meeting; or
  • The meeting does involve that person’s area of expertise, but the parent and LEA consent to the excusal and the member submits input into the development of the IEP in writing to the parent and the IEP Team prior to the meeting.

In either case, the parent must agree to the excusal in writing before the meeting occurs. Parents must also be notified 72 hours prior to the meeting or as soon as it is expected that a team member may need to be excused.