Parental consent and the IEP

Since it's case conference season, I wanted to remind you of a change in the new Article 7. When you develop an IEP for your child, you will be no longer be asked for your signature as  consent. Instead, you will be notified of your options in the event you do NOT agree with the IEP. If your school uses ISTART7, the computerized IEP system, it may look something like this:

I have been presented with a copy of the Individualized Educational Program (IEP) which contains: 1) A description of the action proposed or refused by the public agency; (2) An explanation of why the public agency proposed or refused to take the action; (3) A description of each evaluation, procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; (4) A description of other options that the case conference committee considered and the reasons why those options were rejected; and (5) A description of other factors relevant to the agency’s proposal or refusal.

I understand that the public agency is not required to obtain a written parental consent and can implement this IEP ten (10) instructional days after the provision of this notice unless I challenge the proposed action by:

o Requesting and participating in a meeting with an official of the public agency who has the

authority to facilitate the disagreement between the parent and the public agency regarding

the action proposed or refused by the public agency.

o Securing an agreement for mediation under 511 IAC 7-45-2

o Requesting a due process hearing under 511 IAC 7-45-3.

I understand that by taking one of these actions to challenge the proposed changes, the public agency must continue to implement the current IEP as opposed to the IEP proposed in this notice pending resolution.

In the case of an initiation date that is prior to the expiration of ten (10) instructional days, I give my consent to implement this IEP.

Your greatest advocacy tool lies in the outlined 5 components of written notice. You need to request that on issues where you and the school do not agree. The only way to implement "stay put" and stop the new IEP from being implemented is outlined above: ask for a resolution session, mediation and/or due process. Otherwise, the IEP will be implemented.

If you have questions about this, you can find the entire law here. And you should contact IN*SOURCE, ASK, or The Arc.

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