You have spent years advocating for your child, attending countless meetings and carefully monitoring their progress under an IEP. Now the school is suggesting those services are no longer necessary. Before you celebrate or panic, it is essential to understand whether they can make this decision without your agreement and what options you have if you disagree.
Your crucial role in IEP decisions
Federal law, the Individuals with Disabilities Education Act (IDEA), protects students with disabilities and emphasizes that parents are central to decisions about their child’s special education. This includes creating, changing and even ending an IEP.
Can a school end an IEP without your agreement?
Schools may suggest ending an IEP if they believe your child no longer needs special education services, usually based on evaluation data. Other reasons include graduation with a regular diploma or reaching the age when special education services end (often 22 in California).
It is important to note that schools cannot unilaterally remove a child from special education without first involving you. They are required to provide “prior written notice” explaining their reasons for proposing to end services and must include you in the eligibility review process.
Still, the law does not require your formal consent to end an IEP (except for initial placement). If you disagree, you have important rights to challenge the decision.
What if you disagree with the proposal?
If you disagree with the school’s proposal to end the IEP, you can challenge it by requesting additional evaluations, mediation or a due process hearing. During this dispute, your child’s current IEP remains in place and services continue, thanks to the “stay put” provision in IDEA.
Protecting your child’s future
While the procedures to protect your child’s educational rights can feel intimidating, they are designed to do exactly that. An experienced special education attorney or advocate can guide you in taking these steps. They can help ensure the school takes your concerns into thorough consideration and adheres to proper procedures when terminating the IEP.