So many parents are utterly frustrated that their child’s school district won’t listen to their requests for changes in the child’s IEP, or for additional services, or for outplacement, etc. The school doesn’t come out and say “no,” they just deflect the request with “he is making good progress with his current IEP” or “she is making excellent progress on her goals and objectives, so we see no need for additional services” or “the program here at the public school is working so well for your child, I would hate to see him outplaced”.
Here is how you get your request truly addressed: You make it a “formal request”. Instead of saying “I think my son needs to go to a different school where they know how to meet his needs” you must say “I am making a formal request that my son be outplaced at a school that is appropriate to meet his needs.” Then be sure to get an answer. It will be a “no” or a ‘yes” or something in between like “lets put in place the recommendations in this IEP and see how he does.” The latter is still a “no” and you must call them out on it. “So you are refusing my request at this time.”
Here is why that is important. The school is obliged to give “Prior Written Notice” whenever they propose a change in the IEP or refuse a request for a !change in the IEP. Most schools try to avoid this by ignoring requests. Some simply don’t do it because they know the parents don’t know any better.
Prior written notice is an important safeguard for parents. Schools aren’t supposed to just be able to say “no” without giving a reason. They often do, but they do so in violation of the IDEA.
When I make an important request; one that I am willing to fight for, I make it formal. The school usually gives a pathetic reason on the prior written notice page like: “educational performance supports proposed action”. I refuse to accept that as an answer. So, I will ask the highest administrator in attendance to elaborate fully. They usually come back with more pathetic answers.
In the event of a due process hearing, I will object to any further elaboration on the subject as having been withheld from the parents prior to the due process.
This is how to use the law to win.