The Fine Print Nobody Hands You at School

When You Disagree With the School's Evaluation

This one surprises a lot of parents. If you think the evaluation is wrong, you don't have to accept it. You can ask for a second opinion at public expense, and that's the school's job to arrange, not yours.

The rule says: “A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency” (34 CFR 300.502)

The school has two choices: pay for the independent evaluation, or file due process to defend their own. Those are the only two. They cannot ignore you or stall.

The rule says: “the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint” (34 CFR 300.502)

Say: “I disagree with the evaluation. I am requesting an independent educational evaluation at public expense. Please send me, in writing, where I can get one and what your criteria are.”

While Everybody Argues, Nothing Changes

If you file a due process complaint and ask for a hearing, your child stays in their current placement while you work it out.

The rule says: “the child involved in the complaint must remain in his or her current educational placement” (34 CFR 300.518)

This is called "stay put." The school cannot move your child to a different placement or change services while you are in disagreement. The rule has exceptions (like when you and the school agree), and some discipline situations have different rules. Asking for something in writing is not the same as filing a complaint, so ask your parent center which rules apply to your situation.

The Records Nobody Offers

You have the right to see every education record the school has on your child. And the school has a deadline.

The rule says: “The agency must comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to § 300.507 or §§ 300.530 through 300.532, or resolution session pursuant to § 300.510, and in no case more than 45 days after the request has been made.” (34 CFR 300.613)

Key phrase: before any IEP meeting. Ask in writing and ask early. You can send someone else to review them for you, and you can ask the school to explain what the records mean.

The rule says: “The right to have a representative of the parent inspect and review the records.” (34 CFR 300.613)

Say: “I would like to review all of my child's education records before the IEP meeting. When can I expect them?”

The Meeting Notice Has to Tell You Who Is Coming

The notice is not just a date. It has to say why you are meeting, where, when, and who will be in the room. If it doesn't, ask for a better one.

The rule says: “Indicate the purpose, time, and location of the meeting and who will be in attendance” (34 CFR 300.322)

And the time has to work for you, not just fit the school's schedule.

The rule says: “Scheduling the meeting at a mutually agreed on time and place.” (34 CFR 300.322)

The IEP Meeting, Decoded page goes through who gets a chair.

A Copy of the IEP Is Free

Ask for a copy, take it home, and read it carefully before you sign anything. The school has to give it to you at no cost.

The rule says: “The public agency must give the parent a copy of the child's IEP at no cost to the parent.” (34 CFR 300.322)

At 16, the Meeting Is About the Future

Starting no later than the first IEP after your child turns 16, the meeting notice has to say the team will talk about life after school. Your child is supposed to be invited too.

The rule says: “That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child” (34 CFR 300.322)

Roy's Ages 14 to 26 page is the place to see what comes next.

A Way to Ask That Works

You don't need a speech. A short, kind, written request works: what you want, which rule backs it up, and a thank you. Most people on the other side are carrying too much, and a clear request makes their job easier. If the answer is no, the disagree-in-writing guide shows what comes next.