Disputing Your Child’s IEP

Introduction 

An Individualized Education Plan (IEP) is a vital document for any student receiving special education or related services under the Individuals with Disabilities Education Act (IDEA). However, many IEPs don’t give students the adequate education that they are entitled to. There are many legal reasons that your child’s education isn’t adequate, as follows. This article will also cover the different avenues of disputing conflicts in an IEP. 

FAPE

Free Appropriate Public Education (FAPE) is what every student is entitled to, whether they have a disability or not. FAPE falls under both the Individual with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 [1]. 

A student’s IEP not being fulfilled is a violation of FAPE. Here are some examples in which FAPE is not being fulfilled [2]: 

• Failure to provide appropriate accommodations and/or services, including in a timely manner (including assistive technologies and related services)

• Failure to provide an evaluation in a timely manner

• Failure of placement in the least restrictive environment (LRE) for the student, meaning if the student is unnecessarily being secluded from other students.

Assistive Technology Needs

Under IDEA of 2004, assistive technology (AT) MUST be considered in EVERY student’s IEP, and when AT is needed, the school is REQUIRED to provide the Assistive Technology as well as RELATED SERVICES, which include AT acquisition, selection, coordinating, training, etc. [3]. If your child’s assistive technology needs are not being considered or met to the fullest extent, this is also a violation of FAPE under IDEA. More on meeting your AT needs can be found here. 

How to Dispute an IEP

There are multiple ways that you can dispute an IEP: negotiation, mediation, and complaint. Negotiation means that you, a member of your child’s IEP meeting, can call an IEP meeting at any time [4]. Negotiation within an IEP team is to address issues that you currently have with your child’s IEP with your IEP team, while trying to work collaboratively with the team to remove the conflicting pieces from the IEP and without needing mediation or any legal action. An effective way to negotiate is by preparing and distributing a list of the concerns you wanted to address before your next IEP meeting [5].  

Mediation is when a volunteer third party comes to mediate between the parent and school at an IEP meeting. This is done in a confidential manner and the third party isn’t giving legal advice. This method can be effective, as neither the parent nor school have to pay for the third party, while also getting potential conflicts resolved [6].  

Filing a complaint can be complicated, as it can either be filed as a state complaint or as a due process complaint. The difference between the two is the following [7]:   

State Complaints:

• Go to the state department of education 

• Anyone can file a state complaint (you can find your state’s information here) 

• Must be filed within a year of the special education law violation 

• Is more like an investigation into the potential special education law violation

• State staff make the determination of whether there was a violation or not within a 60 day period

• A decision cannot be appealed 

Due Process Complaint:

• “Is like a lawsuit, but at the state agency level [7]”

• Only parents or school can file this form of complaint

• Must be filed within two years of the special education law violation 

• Both parties present their disagreements to an impartial hearing officer through both documents and oral testimony. This also allows the opportunity for witnesses and subpoenas. 

• The hearing decision must be made within 45 days after the conclusion of this process, but the hearing officer makes a request to postpone. 

• Can be appealed to state or federal court.   

More Information 

You can click here to read more about special education, including special education related court cases, assistive technology in schools, interviews, and more. 

Sources

[1] Name, Company. “What Is FAPE?” What Is FAPE in Simple Terms?, www.askresource.org/resources/fape. Accessed 28 May 2025. 

[2] Young, Henry. “15 Examples of IEP Violations, One Powerful Way to Fix Them.” The IEP Attorney, 21 Dec. 2023, iep-attorney.com/special-education-law-blog/examples-of-iep-violations-and-one-effective-way-to-fix-them/. 

[3] Pam Wright, Pete Wright. “Legal Requirements for Assistive Technology Devices, Services and Evaluations in Individualized Education Programs.” Wrightslaw Special Education Law and Advocacy, www.wrightslaw.com/info/atech.index.htm. Accessed 28 May 2025. 

[4] Andrew M.I. Lee, JD. “6 Options for Resolving an IEP Dispute.” Understood, www.understood.org/en/articles/6-options-for-resolving-an-iep-dispute. Accessed 28 May 2025. 

[5] Admin, SNA. “Tips for Negotiating the Best IEP.” Special Needs Alliance, 9 Dec. 2024, www.specialneedsalliance.org/blog/tips-for-negotiating-the-best-iep/.

[6] The Special Education Mediation Process, peatc.org/wp-content/uploads/2021/11/Special-Education-Mediation.pdf. Accessed 29 May 2025.

[7] Hall, Renee. “What’s the Difference? ‘State Complaint’ vs. ‘Due Process.’” Disability Rights Arkansas, 29 Nov. 2021, disabilityrightsar.org/whats-the-difference-state-complaint-vs-due-process/.