How to Review Your IEP Before Signing
How does it work?
The IEP form is created by a Special Education Local Plan Area (SELPA), which describes how each region’s services will be provided; therefore, it looks different in different districts. IEP forms require two different types of signature: one agreeing that you participated in the meeting, which all participants sign, and another stating that the student or parent agrees to the plan. It is always okay to sign the attendance page at every meeting. However, you should wait until you have reviewed the document at home before signing that you agree with your child’s IEP.
The district may be anxious for you to sign the IEP during the meeting because they are accountable for completing the annual IEP within a given timeline. However, it is better to take it home — you will need time to review everything in the document, process what was discussed in the meeting, and go over any points that may not have been resolved. In addition, it is a good idea to check that the pages are numbered and that none are missing.
We suggest agreeing on a timeframe in which you will return the signature page so the administrator can meet their deadline. Doing so can help reassure the team that they will complete the IEP process on time while allowing you to review each section thoroughly.
Meira Amster tells us that you can send the IEP signature page and any other letters and documents you are attaching via email, but be sure to request confirmation from the district that they received it. Dr. Pelangka suggests parents mail or deliver their letter and signature page to the district regardless of whether you send them via email so that you can be 100% sure the documents are received. If delivering in person, make sure the documents are timestamped.
What to look for
What can you do if you disagree?
If you disagree with the IEP’s narrative, the first thing you should do is email your case manager and ask if they can change it. It’s important to remember that some things may be due to human error and can be easily fixed.
On the signature page, you will be given an opportunity to agree or disagree with the IEP entirely, or to agree to some of the components but not to others. If you agree to some aspects of the IEP but disagree with the offer of FAPE; the duration, location, or frequency of a service; the inclusion or omission of an accommodation or modification; or the placement, consider signing a partial agreement.
If you sign a partial agreement, agreeing with most of the IEP but not certain components, the IEP will be implemented while those components will remain on “stay put,” meaning those areas of disagreement will follow whatever is in the previously signed IEP. For example, if you disagree with the district reducing your child’s speech therapy from sixty minutes to thirty minutes, a “stay put” provision will allow them to continue with sixty minutes of speech during the dispute resolution process.
Amster tells us that it is important to note specific details in the IEP that you disagree with and why. You can write on the signature page itself, if there is room, or you can write a letter of disagreement that you attach to the document. (For an example of what such a letter looks like, check out our sample letter here.) If you attach a letter, make sure to refer to the letter on the signature page; for example, “see attached letter, dated 11/27/2021.” By indicating that a letter is attached, you can help ensure that it stays with the IEP document and does not get misplaced.
Finally, if the IEP team is not responsive to your concerns, consider pursuing other avenues of support, including a special education attorney. You can read about the differences between a special education advocate and an attorney here.
What are your next steps?
Once you’ve determined which components of your child’s IEP you disagree with, you can request:
an Independent Educational Evaluation (IEE); requesting an IEE can be beneficial if you feel new information about your child’s abilities will help you negotiate with the IEP team);
alternative dispute resolution (ADR), which is an informal process that is used to come to an agreement (it is important to note that you will not lose the right to go to due process by requesting ADR);
mediation, in which a qualified third party will mediate the resolution process; or
a due process hearing (if the district feels they offered you FAPE and a fair IEP, they can also file due process).
If you believe the district is not following federal or state laws and regulations, you may file a complaint with the state. An investigation into your complaint should be completed within sixty days.
Were we able to answer all your questions about reviewing your child’s IEP? What other questions do you have? Let us know in the comments!