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

Produced by Massachusetts Law Reform Institute & Justice Center of Southeastern Massachusetts
Created February, 2022

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. 

See How do I appeal a school’s decision?

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