Parent Participation in Planning

After the IEP has been written and signed by members of the IEP team, school officials must give the parents a copy. Since they are supposed to be members of the team, ideally parents will have full knowledge of the contents of the IEP, will have agreed to it, and will also have agreed to the placement decision that is required as part of the IEP. However, suppose that parents do not agree to have special education services provided for their child. What then? Under IDEA 2004, the school district may not provide these services and may not appeal through due process procedures to require the child to participate in special education. The law clearly states: "If the parent of a child for whom an agency is seeking consent to provide special education and related services refuses to consent to services … the LEA [local education agency] shall not provide special education and related services to the child by utilizing the [due process] procedures" (614[a][1][D][i][II], [ii][II]). Further, the law states that "If the parent of such child refuses to consent to the receipt of special education and related services, or if the parent fails to respond to a request to provide such consent":

• The LEA shall not be considered to be in violation of the requirement to make available a free appropriate public education (FAPE) to the child for the failure to provide such child with the special education and related services for which the LEA requests such consent; and
• The LEA shall not be required to convene an individualized education program (IEP) meeting or develop an IEP under this section for the child for the special education and related services for which the LEA requests such consent. (IDEA 2004, Sec. 614[a][1][d])

Notwithstanding this condition of the law, it is important for teachers and other school personnel to know that parental agreement to the initial evaluation and their acceptance of the results of the evaluation does not mean that the parents have agreed to a specific special education placement for their child (such as a special classroom or special school). This requires a separate consent.  The law requires a continuum of placements in special education, and parents have the right to express their opinion about the placement they desire for their child and to argue their case through the due process procedures outlined in the law.