Dissenting Opinion

Case Conference Decision

• The attendees at a case conference should make all reasonable attempts to reach a consensus. If this means reconvening the conference to allow for more information to be gathered, classroom visites to be made or addtional attendees to be brought in, these measures should be taken before a dissenting opinion is registered.

• If no consensus can be reached, the Public Agency Representative should make the determination that the proposed IEP is appropriate. (If there is a Principal Designee in attendance who does not feel comfortable making a decision, the committee should reconvene with an administrator in attendance).

• Once a decision has been made, a parent or any attendee at a Case conference has a right to a dissenting opinion.

• If any member of the committee indicates that they would like to file a dissenting opinion, the case conference meeting should be concluded, and the IEP finalized. Do not ask the parent to sign if they indicate they want to submit a dissenting opinion. The intent to dissent must be documented in the Notes section of the IEP. Indicate what the areas of disagreement are.

Filing the Dissent

• The notes of the case conference meeting should clearly document the discussion and all attempts to resolve disagreements during the conference meeting(s).

• The Teacher of Record must inform the Director of Exceptional Learners immediately (same day) that there is a dissent and provide a copy of the finalized IEP with notes from the conference.

• A written dissenting opinion should be submitted to the Director of Exceptional Learners within 10 days of the conference. A written dissent can be handwritten or sent via email, and may take any format desired by the dissenter. The only requirement is that it indicates an intent to dissent and is submitted in writing and within 10 days.

• If a parent or any committee member indicates that they intend to dissent, the previous IEP will continue to be implemented until the dissent is resolved. (For example, if homebound services are being recommended, the student will continue with the current school schedule)

• The IEP may be implemented as written at the conference after 10 days if no dissent is filed.

After a Dissent is Filed

• The case conference will be reconvened as soon as possible with the Director of Special Education (or his/her designee) in attendance.

• Hopefully, a consensus will be reached at this point. If no agreement can be reached, the parent may choose from the following options:

  • • contact the State Department of Education to request mediation.

    • request a Due Process Hearing.