Disagreeing with the school

Also in
Show Endnotes
By
Massachusetts Advocates for Children
Reviewed
Reviewed
Text

This article covers what to do if you disagree with the school’s decision about your child’s evaluation, Individualized Education Program (IEP), placement, or other services.

Widgets

If I disagree with my child's IEP or placement

If you disagree with your child's IEP or placement, you have the following options:

"Accept in part,” “Partially reject,” or “Reject in part”

If you agree with some of the IEP, but disagree with other parts, you have the right to “reject” the parts of the IEP that you do not agree with. This is “partially rejecting” or rejecting some parts of the IEP.

To reject the parts of the IEP you do not agree with:

  1. Check the boxes on the IEP signature page that say:
    1. “I reject the following portions of the IEP…” and,
    2. “I request a meeting to discuss the rejected IEP or rejected portion(s).”
  2. Attach a letter to the IEP that lists the parts you do not agree with.
  3. If you think your child needs more services or accommodations, list them in the letter.

For Example

In your letter, you could tell the school to give your child all the services in the IEP but your child also needs more speech therapy services.

If you accept in part or reject in part you are letting the school know that you do not agree with all of the IEP. You should have a Team Meeting to discuss your concerns, and see if you can come to an agreement with the school about what your child needs. Anything that is not rejected is considered accepted and must be implemented immediately.

Reject the IEP

The school can only follow an IEP if you accept it. You can reject all the services in the IEP. 

Check the box on the IEP signature page that says “I reject the IEP as developed” and check the box to “request a meeting to discuss.”

If your child already has an IEP, they will keep getting all the services and support in the last IEP you accepted until you and the school agree to a new IEP. This is called “stay put.”

Note

Only check “I reject the IEP as developed” if you want your child to get none of the services and support in the IEP.

Reject the placement

If you think the school’s placement for your child is wrong, you can reject that part of the IEP.

You can reject the school’s decision to place your child:

  • In the general education classroom,
  • In a separate classroom, or
  • At a school for students with disabilities.

For Example


If the school plans to place your child in a “substantially separate classroom,” but you think your child should spend more time in the general education classroom, you can reject the placement. Check the box on the IEP Placement Consent Form.

On the Placement Consent Form, check the boxes that say:

  • “I refuse the placement” and,
  • “I request a meeting to discuss.”

Your child will stay in the last placement you agreed to. You should have another IEP Team Meeting to discuss your concerns with the school.

If I disagree with the IEP or placement, will my child still get special education services?

Yes. If you disagree with the IEP or placement, your child can still get special education services.

First IEP

If you disagree with parts of your child’s first IEP, but your child needs some of the services in the IEP, partially reject the IEP. This way, your child can get the services and accommodations you and the Team agree on.

Later IEPs

If this is not your child’s first IEP, you can partially reject the new IEP if you disagree with the school’s decision:

  • To add new services
  • To remove services, or
  • About your child’s placement.

You can say you think the new IEP needs more or you disagree with the changes.

Your child will get any new services you accept. If you disagree about a particular service or placement, your child will keep getting the services or placement that you agreed to in the last IEP. This is called “stay put.”

For example


Last year your child had speech therapy services. This year’s IEP removes speech therapy. You can reject the removal of services, and “stay-put” with the services in the last IEP you accepted.

Your child will keep getting “stay put IEP” services and placement until you and the school agree or the Bureau of Special Education Appeals (BSEA) makes a decision about the services or placement your child needs. 

If I disagree with the evaluation

If you disagree with the school’s evaluation, you can get another evaluation. This is an “independent evaluation.” Someone who does not work for the school does the independent evaluation. You can choose the evaluator.

Can I ask the school to pay for an independent evaluation?

You can get the school to pay for all or part of an independent evaluation if:

  • The school did their own evaluation in the last 16 months, and
  • Your income is low enough. You may need to share information about your income with the school.
  • The evaluator must be ‘qualified.” They must be registered, certified, or licensed to do the kind of evaluation your child needs. And
  • The evaluator must evaluate your child for the same things the school evaluation looked at.

If it has been longer than 16 months since the school did their evaluation, if your income is too high, or you do not want to share your income information with the school district, or you are asking for an evaluation that the school has not already done themselves—you can still ask the school to pay for an independent evaluation. The school may suggest doing their own evaluation first. Or the school will agree to pay. If they do not agree, they will go to the Bureau of Special Education Appeals.

If you can pay for it


You can get an independent evaluation any time, if you can pay for it yourself. Check with your health insurance. They may cover some or all of the cost. Make sure the evaluator is willing to make recommendations about what your child needs in school.

 

What if the school refuses to pay for an independent evaluation?

If the school refuses to pay for the independent evaluation, they must request a hearing at the Bureau of Special Education Appeals (BSEA) and explain why they will not pay for it. The school must show the BSEA that their evaluation was “comprehensive and appropriate.” 

If the school does not file a complaint within 5 days
They must pay for the evaluation.

If the school files a request for hearing with the BSEA
You will go to a hearing at the BSEA, unless you and the school work out an agreement.

How do I prepare for my child's independent evaluation?

Before the evaluation:

  • If the school is paying for the evaluation, make sure that the evaluator accepts the “state rate” or the rate that the school district will pay.
  • Ask the evaluator to give clear recommendations about what your child needs in school.
  • Give the evaluator copies of your child’s past evaluations and current IEP. Ask the evaluator to review these documents.
  • Tell the evaluator about your child’s behaviors and learning struggles.
  • Make a list of the questions you want the evaluator to answer.
  • Ask the evaluator to observe your child at school.
  • Ask the evaluator for an in-person meeting or phone call to go over the results of the evaluation.
  • Ask if the evaluator is willing to attend a Team Meeting to present their report.
Can I watch or observe my child in school or ask an expert to?

You have the right to watch your child at school to see how they are doing. Tell the school you want to “observe” your child. You also have the right to observe any classroom that the school wants your child to be in.

You also have the right to have an independent evaluator or an outside therapist watch your child at school. Watching your child in school will help the evaluator make recommendations about what your child needs in order to learn.

The school district cannot make it difficult for you or your evaluator to observe your child at school. They cannot put unreasonable restrictions on the amount of time you can observe or what you can observe. The school district must schedule the observation soon after you ask for it. For example, if you want to observe for an hour in your child’s classroom, the school should schedule the observation in a week. If you want to observe for a longer amount of time, or you want to observe your child’s current program and the program the school is suggesting, the school may take longer than a week to schedule the observations.

The school can limit your visit to:

  • keep the students in the class safe, prevent disruption and maintain the quality of the class, or
  • keep information about other students confidential.

Write a letter or email to the school special education coordinator. Ask to observe your child or let them know that your independent evaluator wants to observe. List the classes and activities you would like to observe or that you would like your evaluator to observe.

Ways to work out a solution

Team meeting

Try to work out a solution with the school at a Team Meeting.

If you cannot work it out at a Team Meeting, you can try mediation or ask the Bureau of Special Education Appeals (BSEA) for help.

Get support from other parents in the Parent Advisory Council.

Mediation

Mediation is less formal than a hearing. You and the school need to both agree to mediation.

During mediation, you and the school try to work out an agreement. The Bureau of Special Education Appeals (BSEA) sends a mediator to meet you and the school.

Bring therapists, social workers, and other providers who work with your child and can help you to explain what they need to the mediator. Also bring documents that show your child’s struggles and the support they need.

To learn about mediation at the BSEA, call the BSEA at 781-397-4750.

Bureau of Special Education Appeals (BSEA) hearing

If the school refuses to give your child the services or placement they need, ask the BSEA for help.

If you need a BSEA hearing, try to get a lawyer to ask for the hearing and represent you at the hearing.

Use a “Request for Hearing” form to ask the BSEA for help.

You may want to ask for a hearing if the school will not:

  • Evaluate your child.
  • Give your child an IEP.
  • Give your child the services they need.
  • Give your child the placement they need.
  • Or if you disagree with the results of a Manifestation Determination.

The BSEA hearing officer is like a judge. They can decide the services your child needs and they can order the school to give those services to your child.

Prepare for the hearing

Bring people

The hearing is like a court trial. You bring people who know your child and can talk about your child's needs. The people you bring are “witnesses.” You will need an expert—like an evaluator—who can explain the services your child needs and why.

Bring evidence

You will also need school records, medical records, or other documents to show the hearing officer why your child needs the services or placement you are asking for. For example, you could use your child's IEP progress reports to show that your child is not making progress. These documents are called “exhibits.”

If you cannot find a lawyer, the BSEA has a guide for people going to a hearing on their own, the Pro Se Litigant manual.
If you lose at the BSEA you can appeal their decision to state or federal court. Talk to a lawyer about appealing the BSEA decision.

Feedback

Was this page helpful?