Resolving Disputes

Resolving Disputes

What if I disagree with the school about what is right for my child?

You have the right to disagree with the school’s decisions concerning your child. This includes decisions about:

• your child’s identification as a “child with a disability;”

• his or her evaluation;

• his or her educational placement; and

• the special education and related services that the school provides to your child.

In all cases where the family and school disagree, it is important for both sides to first discuss their concerns and try to reach consensus. Decisions can be temporary. For example, you might agree to try out a particular plan of instruction or classroom placement for a certain period of time. At the end of that period, the school can check your child’s progress. You and other members of your child’s IEP team can then meet again, talk about how your child is doing, and decide what to do next. The trial period may help you and the school come to a comfortable agreement on how to help your child.

If you still cannot agree with the school, it’s useful to know more about IDEA’s protections for parents and children. The law and its regulations include ways for parents and schools to resolve disagreements. These include mediation, due process, and filing a complaint with the state educational agency. You also have the right to refuse consent for initial provision of special education and related services, or to cancel all special education and related services for your child without using mediation, due process, or filing a complaint.

For more information from the TN Department of Education, visit TDOE Special Education Legal Services