This is a question I am often asked.
The answer isn't black and white.
There are clearly defined procedures in place to safeguard parental and student rights.
Any changes to an IEP must be a team decision. The parent must be invited to the IEP Team meeting.
If the team has made several documented attempts to invite the parent and hold a meeting, and the parent has not responded or is unable to be contacted, the team can proceed with the IEP meeting without the parent.
If the team is making a decision with which the parent does not agree, the LEA (Local Education Agency representative) will have the final say.
In both of these instances, if a parent does not agree with decisions made, and collaboration and teamwork to do not net cooperation, you have some avenues to choose. You can choose to move to filing a state complaint, request a facilitated team meeting, or move to formal mediation and due process. If you file for due process, a “stay put” provision is triggered. This means the school cannot activate the IEP changes until your differences are resolved.
An IEP is always a living, working document. IEP goals, accommodations, modifications, services etc. should be continually examined as your child grows and changes. At very least, the IEP must be formally reviewed once a year.
It is the IEP Team that should be discussing IEP effectiveness – not just a teacher, or administrator, or counsellor … the entire TEAM. This includes you!
If you have a situation involving changes to your child’s IEP, and you want to discuss your options before proceeding, please get in touch with me.
I offer a free initial consultation. You can call me directly on 919-510-3180, or request a meeting through my website.
If you want to understand a bit more about what prior written notice should look like and what your parental safeguards you have, some further articles and videos you can access are:
My Blog article on Procedural Safeguards
My Blog article on Changing IEP Accommodations
My Blog article on Parents in the IEP Meeting
My Video on Prior Written Notice
My Video on Filling a State Complaint
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