When You and the School Disagree
Sometimes parents and schools don’t agree about what a child needs, what services are required, or how the IEP is being followed.
When that happens, you have rights and options to help solve the problem fairly.
The law gives parents several ways to fix disagreements — from simple talks to formal legal steps.
Start with Communication
Most problems can be solved by talking first.
Try these steps before moving to formal complaints:
- Ask for a meeting with your child’s teacher or special education coordinator.
- Be calm and clear — explain your concerns and what outcome you want.
- Take notes or bring someone with you to help.
- Follow up in writing (email or letter) to confirm what was discussed.
If that doesn’t solve the issue, there are more options below.
Your Right to Prior Written Notice
Whenever the school wants to:
- Start, change, or stop a service, or
- Refuse something you asked for,
…the school must give you Prior Written Notice (PWN).
This written notice must:
- Explain what the school plans to do or not do,
- Tell you why, and
- Describe what information was used to make that decision.
Always keep a copy of these notices for your records.
Four Ways to Resolve Disagreements
The Individuals with Disabilities Education Act (IDEA) gives parents several ways to handle conflicts:
- Informal Meetings
- Mediation
- State Complaints
- Due Process Hearings
You can choose the option that best fits your situation.
1. Informal IEP Meetings
If you think the IEP isn’t being followed or needs to change, you can:
- Ask for an IEP meeting at any time (in writing).
- The school must hold one within 30 days.
This is often the fastest and simplest way to fix problems.
2. Mediation
Mediation is a free, voluntary meeting where you and the school talk with help from a neutral third person called a mediator.
The mediator helps both sides find a solution — not to take sides or make decisions.
Key points:
- You or the school can ask for mediation at any time.
- It’s free for both sides.
- Everything said in mediation is confidential.
- If you reach an agreement, it’s written down and signed by both parties.
Mediation can be a great way to fix misunderstandings before things get too serious.
3. State Complaint
If you believe the school broke a special education rule or law, you can file a state complaint with your state department of education.
Your complaint must:
- Be in writing,
- Be filed within one year of when the problem happened, and
- Explain what the school did wrong.
The state investigates and must make a written decision within 60 days.
If the state finds the school violated the law, it can order the school to take corrective action — like providing missed services or training staff.
4. Due Process Complaint and Hearing
If you and the school strongly disagree about your child’s evaluation, eligibility, placement, or IEP services, you can file a due process complaint.
This is a formal legal step similar to a court hearing.
How It Works
- You must file your due process complaint within two years of when you knew about the problem.
- After filing, the school must hold a resolution meeting within 15 days to try to fix the issue informally.
- If you can’t agree, an impartial hearing officer will schedule a hearing.
- Both sides can present evidence and bring witnesses.
- The hearing officer issues a written decision (usually within 45 days after the hearing ends).
If you disagree with the decision, you can appeal it in state or federal court.
What Happens to Services During a Dispute
While you are resolving a disagreement:
- Your child stays in the current placement (“stay put”) unless you and the school agree otherwise.
- This helps make sure your child doesn’t lose services during the process.
How to Write a Good Complaint or Request
When you write to the school or the state:
- Date your letter.
- Include your child’s full name, school, and grade.
- Clearly explain what happened and what you want to happen next.
- Keep copies of everything you send or receive.
Follow this link for a template letter to use when writing a complaint to the school.
Tips for Parents
✅ Stay calm and respectful — you are more likely to get results.
✅ Put requests in writing and save copies.
✅ Keep a notebook or file on your computer of meeting notes, emails, and phone call logs.
✅ Ask for mediation before moving to a formal complaint if possible.
✅ You can bring a support person or advocate to any meeting.
Key Takeaways
- You have a right to disagree and to be heard.
- Schools must give written notice before changing services.
- Try to solve problems through meetings or mediation first.
- If needed, you can file a state complaint or due process hearing.
- Your child keeps receiving services while disputes are worked out.
To connect with one of our special education advocates, please reach out to Disability Advocacy Solutions.