In our work with parents involved in potential due process cases, we often see the situation where the school district attempts to resist accountability for a defective IEP on the basis that the parent “consented” to the IEP by signing the document. When the IEP is later challenged in due process as defective or the school has failed to provide meaningful services, parents feel they are caught in a bind because signed off on the IEP.
In the case of G v. Fort Bragg dependent Schools , 343 Fed. 3rd. 295,309 (2003), the Fourth Circuit Court of Appeals rejected the school district’s argument that the parent’s consensual signing of the IEP prevents the parent from later challenging the sufficiency of services. In its opinion, the court noted, that “failure to object to a child’s placement does not deprive him of the right to an appropriate education.”
Parents have told us that school staff sometimes give them an ultimatum to “either sign the IEP, or the school cannot provide your child with any services”. The parent is left feeling caught in a “take or leave it” situation, even when they have significant concerns about the proposed services for their child.
Although each case should be reviewed on its specific facts and circumstances, some suggested ways of dealing with this situation include:
• Parents should give the school staff all of their concerns about the proposed IEP in writing.
• If parents sign consent to implement an IEP, but have reservations, the signature page can reference the parent’s written concerns.
