I was told by the Special Ed Director that an IEP is all or nothing. You either agree to the whole thing, or you decide you don’t want your child to have special ed.
He said, “We can’t just have parents saying, I’ll choose this part, but not that part, and picking apart our IEP. Then, there’s no way to evaluate whether our plan is working.”
How do I keep SOME special ed services in place?
The school may not use your refusal to consent to one service to deny other services, benefits, or activities in your child’s IEP.
Your Special Ed Director may not be familiar with what the Federal Regulations actually say.
(34 C.F.R. § 300.300(d)(3))
(3) A public agency may not use a parent’s refusal to consent to one service or activity under paragraphs (a) or (d)(2) of this section to deny the parent or child any other service, benefit, or activity of the public agency, except as required by this part.
Turn to page 239 in your law book, Wrightslaw: Special Education Law, 2nd Edition.
If one service in the IEP is removed, it does not automatically mean that all services are removed or denied.
Document the school’s position by requesting in writing that the director clarify his statement…you either agree to the whole thing, or you decide you don’t want your child to have special ed.
I doubt the school will put it in writing that they are out of compliance with the Federal Regulations.
Oh, and by the way…it’s not our [the school’s] IEP.
The IEP meeting is scheduled for next week. Help!
As you prepare for your meeting next week, turn to page 24 in your Wrightslaw: All About IEPs for strategies to help resolve this issue.
Hope you didn’t miss the Wrightslaw Summer School 2014 series about Parent Rights and Responsibilities in the IEP Process.
Go back to the series, read the articles and information, and complete the homework checklists.
You will learn how to use the following worksheets to help identify needs, clarify concerns, anticipate problems, and make requests:
- Pre-Meeting Worksheet
- Parent Agenda
- IEP Problem Resolution Worksheet
Always document in writing your issues and concerns and the responses you receive from school staff.
After the meeting, use a thank you letter or written opinion to clarify and document what was said.
Start your paper trail now!
The Minnesota Department of Education disagrees with your conclusion:
Question 20: Can a parent revoke consent to some services and not others?
Answer: No. A parent can only revoke consent to special education and related services in their
entirety. In situations where a parent disagrees with the provision of a particular service
and the parent and the district agree that the child would still receive FAPE if the child did
not receive the service, the service should be removed from the child’s IEP. If the child
would not receive FAPE if the child did not receive a particular service, the parent may
use the mediation or due process procedures available under IDEA to obtain a ruling
regarding the service with which the parent disagrees.
Authority: 34 C.F.R. § 300.300, cmts. at 73 Fed. Reg. 73,011; 34 C.F.R. § 300.300(b)(4).
NC Department of Public Instruction put out a position statement to all EC Directors in all 100 counties stating that the family does NOT have a choice – it’s ALL OR NOTHING. I truly find it hard to believe that this is legal (discounting the parent’s wishes certainly isn’t appropriate) but evidently DPI is confident enough that they and their legal team put out the position statement. So, can the schools determine ‘all or nothing’??? I’d LOVE clarification on this issue.
The all or nothing tactic is a intimidation tactic and/or a way to get smart/educated parents who aren’t afraid to speak up to back down or remove all services. I had a District try this with us, did not work. Once I cited the law they never mentioned all or nothing again
Don’t leave out (34 C.F.R. § 300.300(d)(2)) – This leaves opting out into question if the opting out creates failure to meet FAPE. Please respond to this if this is an incorrect reading of the law.
(2) In addition to the parental consent requirements described in paragraphs (a), (b), and (c) of this section, a State may require parental consent for other services and activities under this part if it ensures that each public agency in the State establishes and implements effective procedures to ensure that a parent’s refusal to consent does not result in a failure to provide the child with FAPE.