Common Questions

IEP FAQ

The questions every parent asks — answered with the exact federal laws that back them up. Plain language. No login required.

Can the school change my child's IEP without telling me?

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34 CFR §300.503 — Prior Written Notice

No. The school must provide Prior Written Notice whenever they propose or refuse to change your child's identification, evaluation, placement, or services. This notice must explain what they're changing, why, what data they used, and your rights.

If they changed anything without giving you this notice, that is a federal violation.

What to do: Send a written request for Prior Written Notice immediately. Document the date the change happened and the date you were (or weren't) notified.
Look up more about Prior Written Notice →

Do I have to sign the IEP?

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34 CFR §300.300

No. Parental consent is required for initial evaluation and initial placement, but you are never required to sign the IEP document itself. If you disagree, you can write your objections on the IEP, request another meeting, or invoke dispute resolution.

The school cannot pressure you to sign on the spot. Take it home. Read it. You have that right.

What to do: If you feel pressured, say "I'd like to take this home to review before signing." That is always your right.

What is Least Restrictive Environment (LRE)?

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34 CFR §300.114

LRE means your child should be educated alongside non-disabled peers to the maximum extent appropriate — with supplementary aids and services. It does NOT mean "mainstream at all costs."

If the school removed your child from general education, they need to show they tried supplementary aids and services first, and that education cannot be achieved satisfactorily in the regular classroom even with those supports.

What to do: Ask the school what supports they tried before removing your child. If they can't show data, the placement may violate LRE.
Look up LRE requirements →

Can the school remove my child's aide without a meeting?

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34 CFR §300.503 + §300.324

No. An aide is a service listed in the IEP. Removing it requires an IEP meeting, team discussion, and Prior Written Notice. The school cannot unilaterally remove any service listed in the IEP without following this process.

If they tell you "he doesn't need it anymore because he's doing fine" — he's doing fine because he has the aide.

What to do: Respond in writing that you do not consent to removing the aide and request an IEP meeting to discuss it formally.

What happens to my child's IEP when we move to a new state?

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34 CFR §300.323(e)

The new district must provide comparable services immediately. They must either adopt the existing IEP or develop a new one promptly. They cannot strip all supports on Day 1 and start from scratch.

"Comparable" means substantially similar — not identical, but not nothing.

What to do: Before you move, get a complete copy of your child's IEP and all records. Hand-deliver copies to the new school. Follow up in writing requesting confirmation of comparable services.
Look up transfer rights →

What is Prior Written Notice?

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34 CFR §300.503

Prior Written Notice (PWN) is a written document the school must give you whenever they propose OR refuse to change your child's identification, evaluation, placement, or services.

It must include: what action they're taking, why, what data they used, other options they considered, and your procedural safeguards. If you've never received one, that's a significant red flag.

What to do: Any time the school makes a change, ask: "Can I have Prior Written Notice for this?" Put the request in writing.

Can the school hold an IEP meeting without me?

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34 CFR §300.322

The school must make every effort to ensure parent participation. They must notify you early enough to attend, and the meeting must be at a mutually agreed-upon time and place.

They can only proceed without you if they have documented multiple attempts to involve you — phone calls, letters, home visits. One email that went to spam doesn't count.

What to do: If a meeting was held without you, request the meeting minutes in writing. Object in writing that you were not properly notified, and request that any decisions be reversed pending your participation.

How do I request an Independent Educational Evaluation (IEE)?

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34 CFR §300.502

If you disagree with the school's evaluation, you have the right to request an IEE at the district's expense. Send a written request citing this regulation.

The district must either pay for the IEE or file for a due process hearing to prove their evaluation was adequate. They cannot simply refuse or ignore your request.

What to do: Send a letter stating: "Pursuant to 34 CFR §300.502, I am requesting an Independent Educational Evaluation at district expense. I disagree with the evaluation conducted on [date]."
Generate a formal request letter →

What are my rights if I disagree with the IEP?

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34 CFR §300.507–300.516 — Procedural Safeguards

You have multiple options: request another IEP meeting, file a state complaint, request mediation, or request a due process hearing.

During disputes, your child has "stay-put" rights — they remain in their current placement until the dispute is resolved. The school cannot change your child's placement while a dispute is pending.

What to do: Start with a written request for a new IEP meeting. If that doesn't resolve it, file a state complaint with your state's Department of Education — it's free and doesn't require a lawyer.

Can the school discipline my child differently because of their disability?

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34 CFR §300.530 — Manifestation Determination

If your child is suspended for more than 10 school days, the school must hold a Manifestation Determination Review (MDR) to decide if the behavior was caused by or substantially related to the disability.

If it was, the child cannot be disciplined the same way as non-disabled students. The school must also continue providing FAPE during any removal.

What to do: If your child is suspended, request the MDR in writing immediately. Keep a log of all suspension days — they add up across the year.

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