Disagreements between parents and schools can sometimes arise when deciding how best to meet a child's educational needs.

Such conflicts may involve various aspects of a child's education, from the assessment process to implementing an IEP (Individualized Education Program).

The Individuals with Disabilities Education Act (IDEA) requires that schools provide students with disabilities a Free Appropriate Public Education (FAPE), tailored to their individual needs.

Despite these legal mechanisms for special needs students, disagreements are still common. Both parents and schools should work through these conflicts with the child's best interests at the forefront.

Most Common IEP Disagreements Between Parents and School

1. Eligibility for Special Education Services

A frequent point of disagreement is whether a child qualifies for 'special education services.'

Parents may feel their child needs extra support, while the school might decide that the child does not meet the eligibility criteria under IDEA.

2. Evaluation and Assessment

Disagreements can arise regarding the scope and accuracy of evaluations conducted to identify a child's needs.

Parents may feel that the school’s assessments do not fully capture certain challenges; so, they may request independent evaluations to get a clearer picture of their child’s needs..

3. Development of the IEP

During IEP meetings, parents and schools often clash over the goals, accommodations, and services included in the IEP.

Parents may feel that the proposed IEP does not adequately address their child’s unique needs, while the school may believe it provides the necessary support.

Meaningful collaboration between general and special education departments is important during this process, as they work together to ensure that the IEP reflects the student's unique needs.

Involving students in student-centered IEP meetings can sometimes help ease these tensions, but disagreements may still occur, especially when schools lean on standardized approaches that parents feel don't fully reflect their child's individuality.

4. Placement Decisions

Deciding where a child will receive special education services is another common area of conflict.

For example, parents might advocate for their child with mild autism to remain in a general education classroom with additional support; they may be of the opinion that their child will benefit from interacting with peers without disabilities.

However, the school may propose a more restrictive environment, such as a special education classroom, arguing that a smaller, specialized setting can better provide the intensive support the child requires.

These differing viewpoints may require careful negotiation to ensure the child’s unique needs are met in the most appropriate setting with differentiated instruction.

5. Implementation of the IEP

Even after agreeing on an IEP, disputes can occur over its implementation.

For example, if a child requires speech therapy as part of their plan but is not receiving the sessions, parents may feel the school isn’t meeting its obligations, which can lead to frustration and conflict.

6. Disciplinary Actions

Disagreements over discipline are common when a child with a disability faces consequences for behavior.

For instance, if a student with ADHD is suspended for disruptive behavior, parents may argue that the behavior is directly tied to the child’s disability; they may deem the disciplinary action inappropriate.

Understanding the Legal Framework

1. Parents’ Rights Under IDEA

IDEA gives parents the right to actively participate in their child’s education. These rights include:

• Receiving prior written notice of any changes in the IEP.
• Accessing their child's educational records.
• Requesting an Independent Educational Evaluation (IEE) if they disagree with the school's evaluation.

2. Special Education Advocate

When conflicts arise, parents may enlist the help of a special education advocate.

They help parents use IDEA and other special education laws to protect their rights.

Advocates can also represent parents in IEP meetings and legal proceedings.

3. Mediation

Mediation offers a voluntary, less formal way to resolve disputes. In this case,  a neutral 'mediator' facilitates conversations between parents and schools to help them find solutions without taking sides.

This collaborative approach encourages parents and schools to work together to find a mutually acceptable resolution; it prevents the need for more formal and adversarial processes, such as due process hearings or legal action.

Mediation can be a faster, less stressful way to address disagreements while keeping the focus on the child's best interests.

4. Due Process Hearings

If mediation fails or parents choose not to pursue it, they can request a due process hearing.

In this formal legal procedure, both parents and the school present evidence and arguments before an impartial hearing officer.

The hearing officer listens to both sides, reviews the evidence, and makes a binding decision based on the facts of the case.

This process allows parents to challenge decisions made by the school regarding their child's special education services.

5. State Complaints

If parents believe the school has violated IDEA provisions, they can file a formal complaint with the state education agency.

This complaint may raise various issues, such as:

• The school failed to provide services outlined in the IEP.
• Conducting improper evaluations.
• Not meeting legal timelines.

Once parents file the complaint, the state education agency must thoroughly investigate the matter. The investigation can involve reviewing documents, conducting interviews, and gathering evidence from both parents and the school.

After completing the investigation, the agency will issue a written decision outlining its findings and any necessary corrective actions.

If the school is found in violation, the state agency may require specific changes to ensure the school complies with IDEA, guaranteeing the child receives the appropriate services and protections under the law.

6. Civil Lawsuits

If parents are unsatisfied with the outcome of a due process hearing or a state complaint, they can escalate the matter by filing a civil lawsuit in either state or federal court.

This legal action allows parents to challenge decisions made by the hearing officer or state agency regarding special education services made available to their child.

In court, both parties present their case to a judge, who reviews the previous decision, considers new evidence, and may rule in favor of the parents if they find a violation of IDEA or other relevant laws.

The court may order compensatory education, reimbursement for private services, or additional accommodations for the child.

While this step involves more formal legal procedures and can be time-consuming and costly, it gives parents a final opportunity to seek justice and protect their child's rights.