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IEP FAQs Pop-Up

Resolving Parent-School Disputes

Question 9.

Can the IEP team "vote" for a child's placement, if her parents object?

Answer

An IEP team should not "vote" on decisions about your child's special education program or placement. This is not consistent with the law about parental participation.

Parents and schools should try to negotiate a solution to their disagreements through the IEP process. The IEP meetings is a communication vehicle between the parents and school. IEP meetings allow parents and school staff to make joint informed decisions about your child's IEP.

Parents are equal participants in decisions about their child's special education program and placement. The team must consider the parent's concerns and the information parents provide about their child.

The IEP team should work toward consensus. Consensus does not mean that all team members agree. It is inevitable that members will have different perspectives. If the team cannot reach consensus, the school must provide the parents with prior written notice about what the school proposes or refuses to do.

Legal Resource

Wrightslaw: Special Education Law, 2nd Edition

Wrightslaw: From Emotions to Advocacy, 2nd Edition

Wrightslaw: All About IEPs Chapter 14

IDEA

20 U.S.C.§ 1414(4)

IDEA Regulations

34 C.F.R. §300.327

Commentary in 71 FR at 46661

Appendix A, Question #9

Additional Resources

Inclusion, Least Restrictive Environment (LRE), Mainstreaming

Parent Involvement in Placement Decisions

10 Tips About Placement

Changing Placements: Helpful Legal References

State Special Education Regulations and Guidelines. You will find your specific state regulations at your State Department of Education website. Use the Wrightslaw Yellow Pages for Kids with Disabilities to locate your state site.

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