When a Massachusetts public school proposes an IEP, parents do not have to simply accept or reject the entire document. Parents may accept the IEP, reject it, or accept some portions while rejecting others. Understanding when and how to respond is important because these decisions can affect your child's special education services and placement.
IEP Response Timeline: 30 Days
If parents do not return their IEP response within 30 days, the school district must make reasonable efforts to obtain a response. If parents remain unresponsive, the district cannot implement the newly proposed IEP.
Even if you strongly disagree with the proposed IEP or placement, it is important for you to respond and formally document your concerns in writing.
Expert Tip: If you need more time to review the proposed IEP, you can request an extension of the 30-day response period in writing. Be sure to obtain the school district's agreement in writing.
Should You Reject an IEP in Whole or in Part?
Usually, it is better to accept the portions of the IEP you agree with and reject only those you disagree with. This is especially important if this is your child's first IEP. If you fully reject the initial IEP, your child will not begin receiving the proposed special education services. Any services you accept must be immediately implemented.
Stay-Put Rights in Massachusetts
When parents reject the IEP, "stay-put" rights can be invoked if the student has already been found eligible for special education services. This means that the school must continue to implement the last-agreed upon IEP until parties agree otherwise or a court or hearing officer orders a change as permitted by law.
Expert Tip: Always save a copy of your signed IEP response before submitting it to the school.
What Happens After You Reject an IEP?
When parents reject an IEP or proposed placement, the school district must notify the Bureau of Special Education Appeals (BSEA) within five days. The BSEA then sends a letter explaining the parties' dispute resolution options, including voluntary mediation and a due process hearing before an impartial hearing officer.
Importantly, rejecting an IEP does not automatically initiate a due process hearing. Either the parents or the school district must separately request a hearing to begin that process.
If you are unsure how to respond to your child’s IEP, contact Noble Education Law today.
