Are Schools Bypassing Consent? What Parents Need to Know About IEP Changes

At ConnectEd Advocates, we understand that navigating the complexities of Individualized Education Programs (IEPs) can be challenging for parents. One common concern is the ability of school districts or case managers to make changes to an IEP without parental consent. While the Individuals with Disabilities Education Act (IDEA) mandates parental involvement in the IEP process, there are some nuances to be aware of.

WHAT THE LAW SAYS

Under IDEA, parents have the right to be involved in any decisions about their child's education, including changes to the IEP. Generally, significant changes require parental consent. However, minor adjustments may not always necessitate explicit approval. States may have specific regulations that further clarify these processes.

Examples of Allowable Changes Without Parental Consent:

1. Change in Service Provider: If a school district needs to change the individual providing a service (like a speech therapist), they may do so without parental consent as long as the service remains the same. For example, if a school hires a new speech therapist who provides the same level of service, this change can typically be implemented without informing parents first.

2. Scheduling Adjustments: Minor changes to how or when services are delivered can also occur without parental consent. For instance, if a school decides to shift a child’s occupational therapy sessions from Thursday mornings to Wednesday afternoons, this is often permissible, provided the overall services remain unchanged.

CLERICAL ADDENDUMS

In addition to these examples, clerical addendums can be made to the IEP without parental consent. These might include corrections of typos, updating contact information, or making minor adjustments to the language used in the IEP that do not alter the educational plan. For example, if a student’s name is misspelled in the IEP, the school can correct this error through a clerical addendum without needing parental approval.

PRIOR WRITTEN NOTICE

Regardless of whether parental consent is required, districts are typically obligated to provide a Prior Written Notice (PWN) when changes are made. This notice, which may be referred to by different names in various states—such as "Notice of Proposal or Refusal to Change" or "Notification of Change"—serves to inform parents about the changes, the reasons for them, and any options available. This ensures transparency and allows parents across the country to stay informed and involved in their child's educational journey.

WHAT HAPPENS IF PARENTS DISAGREE?

If a school makes a change to an IEP and the parents do not agree after receiving the PWN, several steps can be taken:

1. Discussion with the IEP Team: Parents can request a meeting with the IEP team to discuss their concerns. Open communication can often help clarify misunderstandings and lead to a resolution.

2. Formal Dispute Resolution: If discussions do not resolve the issue, parents can explore formal dispute resolution options, such as mediation. Mediation is a collaborative process where a neutral third party helps both sides reach an agreement.

3. Due Process Hearing: If mediation is unsuccessful or not pursued, parents have the right to request a due process hearing. This is a legal proceeding where an impartial hearing officer reviews the case and makes a binding decision.

4. Maintaining Current Services: Until the dispute is resolved, parents can request that their child continues to receive services as outlined in the previous IEP. The school must maintain the status quo until a final decision is made.

5. Consulting an Advocate or Legal Counsel: Parents may also benefit from seeking advice from a special education advocate or legal counsel who can help navigate the process and advocate for their child’s needs.

AN EXAMPLE THAT REQUIRES PARENTAL CONSENT:

A significant change, such as altering the educational goals or modifying the type or frequency of services, would require parental consent. For instance, if the IEP team decides to reduce the number of hours a child receives special education support from 10 hours per week to 5 hours, this change must be discussed with parents, and their consent is necessary before implementation.

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It’s essential for parents to remain engaged in the IEP process and to ask questions if they feel uncertain about any changes. At ConnectEd Advocates, we are here to empower you with information and support to ensure your child receives the education they deserve. If you have concerns about changes to your child’s IEP, don’t hesitate to reach out to us for assistance!

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