What should I do if I disagree with the IEP or with a decision by the Department of Education?

Special education · Rights and concepts

Educational content from the office of Francisco J. Vizcarrondo. Free to read, without registration.

Do not simply refuse to sign. Whether you should sign will depend on the document and the particular circumstances. The most important thing is to ensure that your disagreement is clearly documented.

Request a properly constituted COMPU (IEP Team) meeting and, during the meeting:

  • Explain what you disagree with and what you are requesting.
  • Ask that your position and the Department of Education’s response be included in the meeting minutes (SAEE-08).
  • If the Department refuses a modification or service, request Prior Written Notice explaining the reasons for its decision.
  • Make sure the IEP and MiPE correctly reflect the status of the dispute. “Completado en controversia” (Completed in Dispute) may apply if the new IEP will not be implemented, or “Firmado en controversia” (Signed in Dispute) if the agreed portions will be implemented while the remaining portions stay in dispute.
  • Request copies of the meeting minutes, the IEP, and the other documents discussed.

Before refusing to sign or leaving a meeting, seek legal advice concerning the particular circumstances of your case.

This information is general and does not replace individualized legal advice.

The answer for your situation depends on the facts and records. An inquiry does not suspend legal deadlines or guarantee that the office will accept the case.

Reference sources

34 C.F.R. §300.321(a), (b), (e) · COMPU / IEP team34 C.F.R. §300.322 · Participación / Parent participation34 C.F.R. §300.503(a)–(c) · Notificación previa escrita / Prior written noticeDEPR · Guía para la redacción del PEI 2026–2027

Rules must be read in context. This explanation may require updating and individual review.

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