Sunday, October 26, 2014

What Happens When an IEP Team Cannot Reach Consensus?

The public agency, or local education agency (LEA), is ultimately responsible for ensuring the provision of a free and appropriate public education (FAPE) to students with disabilities enrolled in their district.  If an IEP team is unable to reach consensus at meeting, it is never appropriate to "vote" on the outcome.  Rather, the LEA must determine the appropriate services and provide the parents or legal guardians prior written notice (PWN) explaining the services that will be provided.  If parents or legal guardians are not in agreement, they may seek resolution by initiating an impartial due process hearing or by filing a state complaint.  In the School District of Oconee County, if an IEP team is unable to reach consensus, the administrator serving as the LEA will make the final determination that will be noted in the subsequent PWN.  OSERS Letter to Richards is below.  Another reference for this topic is Buser v. Corpus Christi Indep. Sch. Dist., 20 IDELR 981 (S.D. Tex. 1994).