A proposed cut to my child’s IEP minutes
At the annual review the team says your child is doing well and writes fewer pull-out minutes on the draft, with no data page in front of you. Only through the IEP Team, with you at the table, as a revision the team ties to progress toward the goals, reevaluation results, or your child’s needs (34 CFR 300.324(b)(1)(ii), 300.321(a)(1)). 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
“Revises the IEP, as appropriate, to address— (A) Any lack of expected progress toward the annual goals … (B) The results of any reevaluation … (C) Information about the child provided to, or by, the parents”
34 CFR 300.324(b)(1)(ii)
A cut is a revision, and the rule ties a revision to progress data, a reevaluation, or what you bring the team.
What to do this week, in order
Copy the proposed minutes next to the current IEP page’s minutes, side by side, dated to the draft.
A side-by-side minutes comparison, dated
Put a records request to the case manager for the progress data behind the proposal; the district answers it before any IEP meeting.
A dated records request, sent to the case manager34 CFR 300.613(a)
Name the service and both sets of minutes in the paragraph below, and ask for the meeting where the team walks through that data.
Your sent copy of the paragraph, dated
Should the district finalize the cut anyway, a due process complaint holds your child’s current educational placement until it is decided.
The filed complaint that starts stay-put34 CFR 300.518(a)
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- The person who brought the draft, with the principal copied
Dear [Case manager’s name], At the [meeting date] review, the team proposed cutting [service, from current minutes to proposed minutes] on page [page] of [child’s full name]’s IEP. Please send me the progress data or reevaluation results behind that proposal, covering [first date] to [last date], so I can see the same numbers the team saw. I’d like a meeting to go over that data together before anything changes. If the district moves ahead over my objection, please issue prior written notice of that decision, per 34 CFR 300.503, showing the data it rests on. Thanks, [Your name] [Email] · [Phone]
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
- Review and revision of IEPs, at (b) (34 CFR 300.324)The words quoted, verbatim.
- Your right to inspect and review records (34 CFR 300.613)Grounds move two’s request.
- Maintaining the current placement, or "stay-put" (34 CFR 300.518)Why move four holds the placement.
- 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.
