Disagreements in special education can feel stressful, but they don’t have to become battles. Most people on the IEP team want the same thing: for the student to succeed. By learning how decisions are made, understanding common issues, and knowing your rights, you can work through conflicts in a way that supports your child.
Q: How Are Decisions Made in IEP Meetings?
A: An IEP (Individualized Education Program) is a plan created for students who need special education services. It includes goals, services, and accommodations the child needs to succeed in school. Decisions about the IEP are made during an IEP team meeting. This team usually includes: The student’s parents or guardians, a special education teacher, a general education teacher, a school district representative (someone who knows about special education and the resources available), someone who can interpret test results, and the student (if appropriate).
In the meeting, the team talks about the student’s strengths, challenges, and progress. Everyone has a chance to share their thoughts and ask questions. The team then works together to write or update the IEP. The goal is for the team to agree on what the student needs.
Q: What Are Some Common Areas Where Parents and Schools Might Disagree?
There are many decisions that the IEP needs to make, and it is possible for there to be disagreement about any of those decisions. Common areas of dispute include:
- Eligibility: Whether the child qualifies for special education services.
- Evaluations: Whether more testing is needed, or if the results are accurate.
- Goals: Whether the IEP goals are appropriate or challenging enough.
- Services and Supports: Special education services’ type, amount, or location.
- Placement: Where the student will receive services — in a general classroom or a more specialized setting.
- Behavior Plans: How the school handles behavior problems, especially if the child has a disability that affects behavior.
- Progress: Whether the child is making enough progress or needs a different approach.
Disagreements don’t mean someone is wrong. Parents know their child best, while school staff have experience with education plans and rules, and they know the services available locally. Working together and sharing information helps everyone focus on what the student needs.
Q: What Are the Non-Legal, Informal Ways of Resolving Disagreements?
A: It’s usually best to try informal solutions before using legal steps. Often, the first step is a calm conversation, which can clear up misunderstandings. Parents can also meet with the teacher, case manager, or special education director to share concerns. In New Jersey, organizations like SPAN (Statewide Parent Advocacy Network) help families understand their rights and options.
If the issue is not resolved, parents can request another IEP meeting to review the plan again. In some cases, a trained third-party facilitator can help guide the IEP meeting so everyone has a voice and stays on topic. If the disagreement still has not been resolved, a mediator can come in to help parents and schools work out a solution together. These strategies often help solve problems without going to court or using legal actions.
Q: What Are the Formal Ways of Managing Disputes and Disagreements?
A: Families and schools can use formal dispute resolution methods if informal steps don’t work. These steps can take time and may need the help of experts. Families should think carefully and gather documents before choosing a formal process. These include:
- Due Process – a formal, legal process where a parent or school can request a hearing before an impartial judge. Each side presents its case, and the judge makes a decision.
- State Complaint—a complaint parents file with the New Jersey Department when they believe the school has violated special education laws. The state investigates and gives a written decision.
- Mediation – a formal or informal option. It is voluntary and doesn’t involve a judge.
Q: When Should a Parent Hire an Advocate or an Attorney?
A: Sometimes, parents feel unsure or overwhelmed, which is why it may be wise to hire an experienced professional to help. A non-attorney advocate understands special education laws and can help parents speak up for their child. An attorney is a legal professional who can give advice, write legal documents, and represent families in hearings or court. Parents might want to hire an advocate or attorney when they feel their concerns are unheard or believe their child is unsafe or in danger. When there is a serious disagreement about placement or evaluations or the school refuses to provide needed services, it may also be prudent to get advocacy help. Many advocates and lawyers offer free consultations to see if they are a good fit.
Q: What Protections Do IDEA and NJ State Code Provide to Parents and Children?
A: Procedural safeguards in special education are legal protections designed to ensure that the rights of children with disabilities and their parents are upheld throughout the special education process and that parents have avenues to settle disputes and disagreements. These safeguards are outlined in the Individuals with Disabilities Education Act (IDEA) and serve to guarantee that students receive a free, appropriate public education (FAPE) in the least restrictive environment (LRE). Key procedural safeguards include the right to informed parental consent, access to educational records, prior written notice of changes to a child’s educational plan, and the right to dispute decisions through mediation or due process hearings. These measures help maintain transparency, foster collaboration between schools and families, and ensure that educational decisions are made in the child’s best interest.
The New Jersey State Administrative Code adds more rules to ensure schools follow the law. It includes timelines for evaluations, IEP meetings, and complaint investigations.
Resources
Parents don’t have to go through it alone. Many resources — like advocates, mediators, and legal options — are available to help families get the services their children deserve.
- Click here to access IEP resources and examples of documents that may be used during IEP development.
- Click here to access SPAN’s list of resources and materials.
- Click here to access a list of advocacy organizations.
- Click here to access more information about how IDEA protects parents and families.
.