“Can parents withdraw their child for one specific service from their child’s IEP or is it an all or nothing proposition?” … I hear this question every year though the federal laws guiding this ruling have been enforced since December 2008 [Sec. 300.300 Parental consent of IDEA 2004]. Somehow the “all or nothing” notion still lingers; parents and districts continue to bump against this one.
Today, I received a call from a parent in New Hampshire; she asked about the “all or nothing” interpretation of the law. Parents have the right to opt out of specific services from the IEP. According to one of the leading special education resources, Wrightslaw, the following is stated: “You can allow the school to implement parts of the IEP. The school may not draw a line in the sand, or force you to accept the IEP “all or nothing.” The school may not use your refusal to consent to one service to deny other services, benefits, or activities in your child’s IEP. (34 C.F.R. § 300.300(d)(3)) See page 24, Wrightslaw: All About IEPs, and page 239, Wrightslaw: Special Education Law, 2nd Edition.”. Specifically, the IDEA 2004 guideline looks like this: “A public agency may not use a parent’s refusal to consent to one service or activity under paragraphs (a), (b), (c) or (d)(2) of this section to deny the parent or child any other service, benefit, or activity of the public agency …”.
This brings up a larger issue within the IEP process; the purpose of an IEP is exactly as written, an individualized education plan and not a “canned” program, one size fits all. Nor “all or nothing”. The intent of the process is to customize and individualize the set of accommodations and services based upon each student’s needs guided by the Evaluation. If you come across this issue within your child’s IEP, give us a call. As always, one should never go it alone in matters of such importance! We work for you!