Do parents have to approve an IEP before it can be implemented?

Published: June 23rd, 2016

There is no such requirement in the Individuals with Disabilities Education Act (IDEA). The regulations that implement the IDEA require each child’s IEP team to determine the special education and related services that are needed to meet the child’s unique needs in order for the child to receive a free appropriate public education (FAPE). [34 C.F.R. §§ 300.320 and 324] If consensus is not possible, then schools have a duty to come up with an appropriate plan with the information from the IEP meeting, and then provide the parents the opportunity for due process if they disagree. [Doe v. Maher, 793 F.2d 1470 (9th Cir. 1986)]