In Episode #8 of “How to Win at the IEP Table,” I’m going to teach you how to write a Partial Consent/Parent Concerns Letter.
In California, we call it a “Partial Consent” because the CA Ed Code requires a parent to sign the IEP in agreement (every IEP, not just the initial) before the district can authorize implementation. There are only four states in the nation that have awarded parents this powerful parent right and those states are Massachusetts, California, Montana, and Virginia.
In all other 46 states, this letter would be called “The Parent Concerns Letter” which has no power over halting the district’s ability to move forward with implementation of the IEP plan. This is because all other states do not give parents the right to dissent with the power to stop a change that was made by the IEP committee during an IEP meeting. In those states, whatever the IEP committee decides and whatever changes were documented in the IEP will be implemented whether a parent signs the IEP in agreement or not. Therefore, the only recourse a parent has is to write a letter outlining the issues of disagreement, however, the district is not obligated to resolve your concerns or respect your dissent. If the IEP committee refuses to resolve the parent concerns and disagreements listed in the Parent Concerns Letter, a parent is forced to file for due process in order to stop a change in the IEP or have the district agree to a service or placement the parent has requested.
Nevertheless, a “Parent Concerns Letter” and a “Partial Consent Letter” are basically the same thing and follow the same format. As such, I will be using the term “Parent Concerns Letter” as we move forward in this article and leave it up to you to know your state’s education code. The district response to that letter is the only difference and is contingent upon what state you live in.
No matter what state in which you reside, this letter is essentially your parent response to the IEP. It is YOUR RIGHT to submit a parent letter and the district’s obligation to have it included in your child’s IEP. This right falls under the “parent rights” section cited in IDEA and gives you the opportunity to be heard as an equal member of the IEP team. This letter becomes legal evidence should you move forward in filing a due process complaint and also serves as a legal paper trail that will benefit you in advocating for the things you want added or changed in your child’s special education program.
Per IDEA, the IEP committee is obligated to include “parent concerns” in every IEP meeting, particularly the Annual IEP meeting. However, no matter what the purpose of an IEP meeting, you have the right to voice your parent concerns both during a meeting as well as in a parent concerns letter. This right must be honored at all times, meaning, you have the right to submit your concerns and requests both prior to an IEP meeting as well as after an IEP meeting.
A parent concerns letter is a letter you write as a response to an IEP meeting and should be written and sent AFTER the meeting. A Parent Agenda is a letter you submit PRIOR to an IEP meeting, which lists all the requests and concerns you want to discuss and address during the meeting and be included in the IEP agenda. A Parent Agenda and a Parent Concerns letter are two very different formats and have very different purposes and outcomes. In this article, we’ll be focusing on the Parent Concerns letter. I will write another blog article that explains the Parent Agenda.
When crafting your parent concerns letter in response to the IEP meeting, include all issues in which you disagree as well as the things you want to see changed in your child’s special education program. Prioritize your issues, listing the most important things first. However, this doesn’t mean that you should omit any issue that you want added or changed in your child’s IEP.
Be very clear on what you are requesting and why. It may be that you are requesting an increase in Speech and Language services, a change of placement, a one-on-one aide, additional goals, specific accommodations, or an IEE. Whatever the issue, be clear about your requests and expect the IEP team to reconvene to address your concerns and dissent issues.
It is important that you back up your concerns and requests with observations and data. This could include what you are seeing at home, outside assessment reports, IEE reports, district assessments that may state evidence to substantiate your concerns and any data that will speak to what your child needs.
If you are challenged with writing in a professional manner with proper grammar, spelling, and punctuation or need assistance to get your requests and concerns documented properly, get help from an advocate. You want to be respectful, specific, and to the point. What you don’t want to do is write a letter that is unclear or cause you to appear as an unreasonable parent. This letter will become a permanent part of your child’s cumulative file and it is important that you use this opportunity to create a strong legal paper trail.
In California and the states that require a parent signature, you can use the language below to strengthen your Partial Consent to the IEP. A Partial Consent will allow the IEP to be implemented but also list the issues in which you dissent. A Partial Agreement can also stop an action from being implemented if you clearly state that you are in dissent with that specific action. The district will then be obligated to reconvene to resolve those issues. This can be done during another IEP meeting or in an Informal Dispute Resolution meeting. To learn more about dispute resolution, go to this link.
Include the date of your letter, your child’s name and Date of Birth, school of attendance and school district. Address the letter to your school principal and carbon copy the Program Specialist at the district office.
The purpose of this correspondence is to provide my response to the offer of educational programming made for (your child’s name) at the individualized education program (“IEP”) team meeting held on (date of the IEP meeting).
Please be advised that I give my consent to the implementation of the IEP, however, I am in disagreement with the issues listed below.
Issue #1: ( List all issues in which you dissent. Include all requests for changes you’d like to see made to your child’s IEP. )
At the close of your letter write:
Please take note that this consent is to implementation only and is not to be construed as an agreement that the district offered (your child’s name) a Free Appropriate Public Education (“FAPE”).
For all other states, a Parent Letter would not include that you agree with the implementation of the IEP because those states do not require a parent signature or require the district to obtain parent authorization to implement. However, you will include all issues in dissent and all requests for changes to your child’s IEP. You then have the right to request another IEP meeting in an effort to resolve those disagreements or request a dispute resolution meeting.
It is a parent’s right and duty to provide a response to every IEP meeting and implement your parent rights under IDEA. Without a parent response letter, there will be no documentation to provide evidence of your requests or concerns in your own words. The IEP is a legally binding contract between you and the school district, outlining your child’s special education program. If this were any other legally binding contract, would you sign or authorize that contract if you did not agree? Would you not take steps to voice your opinion or dissent to a contract you were not happy with? A written response is a requirement for every parent and is the tool available to us to advocate for our child in the IEP process.
To learn more about the partial consent and parent letter, click here.
Cheering you on always!
Valerie Aprahamian
If you haven’t joined our Private Special Education Parent Empowerment Facebook Group yet, you should check it out here.
Here’s what parents are saying about the group:
“I tell parents and grandparents all the time, about her, as a fierce mamma-bear who never gave up. Because it is a story that needs repeating, to empower those who are where she was all those years ago when her daughter was in school. She’s a wealth of information. God bless you, Valerie!” -CA, Parent
“Today is a pretty big win for my daughter and I, two years into the process, the district has finally agreed on a 1:1. Thank you Valerie and everyone else on this page for your wealth of knowledge and support! I know it’s not over, but it’s progress!” – Kris Kar
Valerie Aprahamian is a special education advocate, IEP strategist, and speaker. She speaks on behalf of parents to protect the rights of neurodiverse children to receive the supports they need in public school.
