What to Do When You Disagree with the School About Your Child's Special Education

Disagreements between parents and schools about special education services are not uncommon. You may believe your child needs more support than the school is offering, disagree with an eligibility decision, or feel that the IEP is not being implemented as written. Whatever the situation, you have options. Here is a practical guide to the steps you can take.

Before taking any formal action, write down your concerns clearly. What specifically do you disagree with? What evidence do you have? What outcome are you hoping for? Having a clear, written summary of your concerns will help you communicate more effectively and will be useful if you need to take further steps.

Gather relevant documents, including the current IEP, evaluation reports, progress reports, and any written communications with the school. Keep copies of everything.

If you disagree with something in your child's IEP or with how it is being implemented, your first step is usually to request an IEP team meeting. You can make this request in writing. At the meeting, share your concerns and ask the team to address them. Ask for your concerns to be documented in the meeting notes.

Sometimes a direct conversation with the team resolves the issue. Other times, the meeting makes clear that a more formal step is needed.

After any meeting or phone call, send a follow-up email summarizing what was discussed and any agreements that were made. This creates a written record and helps prevent misunderstandings. If you make a formal request, such as a request for an evaluation or a specific service, always do so in writing and keep a copy.

If you disagree with the school's evaluation of your child, you have the right to request an independent educational evaluation at public expense. This means a qualified professional outside the school district evaluates your child, and the school must pay for it unless the school successfully challenges your request through a due process hearing.

An independent evaluation can provide a different perspective on your child's needs and may support your position in future IEP discussions.

Mediation is a voluntary, confidential process in which a neutral mediator helps both parties reach an agreement. It is less formal than a due process hearing and can be faster. Both parties must agree to participate. If mediation results in an agreement, that agreement is legally binding.

Mediation is available through the Missouri Department of Elementary and Secondary Education at no cost to parents.

If you believe the school has violated a specific requirement of IDEA or Missouri special education law, you can file a state complaint with DESE. A state complaint is a written statement describing the alleged violation. DESE must investigate and issue a written decision within 60 calendar days.

A state complaint is most appropriate when the issue involves a clear procedural violation, such as a missed deadline, failure to implement the IEP, or failure to provide required notices.

A due process hearing is a formal legal proceeding before an impartial hearing officer. It is the most formal dispute resolution option and is typically used when other efforts have not resolved the disagreement. Both parties present evidence and arguments, and the hearing officer issues a legally binding decision.

Due process hearings can be lengthy and complex. If you are considering this option, consulting with a special education attorney is strongly recommended.

Gateway Educational Advocacy helps families in the St. Louis region navigate disagreements with schools, prepare for IEP meetings, and understand their dispute resolution options. Our services are provided at no cost. This article provides educational information, not legal advice.