The IEP does not mention the concerns I raised
You raised a concern at the meeting, about a service, a goal or how your child is doing in class, and the IEP that arrived afterward reads as though none of it was said. Not without weighing them: the team has to consider your concerns for enhancing your child’s education when it writes the IEP, so a draft with no trace of them is a draft to question (34 CFR 300.324(a)). Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.
What the rule says
“In developing each child’s IEP, the IEP Team must consider … the concerns of the parents for enhancing the education of their child … and the academic, developmental, and functional needs of the child.”
34 CFR 300.324(a)
This makes your concern part of the record the team drew from, not a courtesy that disappeared when the meeting ended.
What to do this week, in order
Type up the concern the same evening: the date, who was present, what you said and what was said back to you.
Your own account of the concern, written the same day
Request your copy of the signed IEP if the school has not already sent you one, since you are owed it at no cost.
Your copy of the final, signed IEP34 CFR 300.322(f)
Set your note beside the concerns page and mark, in the margin, exactly where the wording differs or the concern is gone.
A marked-up copy of the concerns page
Email the case manager to ask whether the team weighed the concern when it wrote the IEP, and where that appears in the record.
A reply from the case manager, saved with its date
If the reply does not name where the concern was addressed, ask for a correction to the record or the refusal in writing.
The correction, or the refusal, in writing
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- Whoever keeps the official notes from the meeting
Dear [IEP team chair’s name], At our meeting on [meeting date], I raised a concern about [the concern, in your own words]. The IEP dated [IEP date] does not mention it or say how the team responded. Please point me to where the team weighed this input, or add a short note describing what I raised and the team’s decision about it. Should the team choose not to add anything, please put that refusal in writing, referencing 34 CFR 300.503. With thanks, [Your name]
If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).
When to escalate, and to whom
Escalate when the written answer is a no, or when the record you built this week draws no answer at all.
| The path | The count | How it runs |
|---|---|---|
| A state complaint | 60 days to a decision | A signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c) |
| Mediation | Voluntary, at no cost to you | You and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b) |
| A due process complaint | 2 years to file | A hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a) |
Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.
This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.
Have the pages this dispute is about read back to you, free.
The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.
Review my IEP — freeFree, no card. It reads your pages and contacts no one.
Where this comes from
- Your concerns on the team’s list (34 CFR 300.324)The list your concern sits on.
- Your free copy of the IEP (34 CFR 300.322(f))Your copy of the IEP.
- Opportunity to participate in meetings (34 CFR 300.501(b))Your right to be at the table.
- Prior written notice (34 CFR 300.503)What every no owes you.
When the paragraph needs to become a full letter, the letter templates carry one for each request.