IEP Team Tips: Giving in to Parent Demands Can Cause Potential Liability

By: Erin D. Gilsbach, Esq.

Executive Director, EdLaw Interactive

January 14, 2025

Positive parent/school relationships are invaluable, and public schools should strive to ensure that their relationships with parents are as positive and supportive as possible.  In addition, parent input is one of the most important aspects of an IEP team meeting, particularly with regards to placement, programming, and services.  Parents know their child and can help provide essential information to inform the team’s decision-making process. 

That doesn’t mean that IEP teams should always automatically defer to parental preferences, though.  The input from all team members need to be considered when making decisions regarding programming, placement, accommodations, and services.  Ultimately, it is the legal responsibility of the LEA (local education agency) to offer a free appropriate public education, or FAPE.  Formally offering placements, programs, accommodations, and/or services that are inappropriate or less than what is necessary to provide a FAPE could result liability, even if it was at the specific demand of the parents! 

While parent input is crucial, input from the school professionals, including teachers, service providers, administrators, and other relevant school personnel are also critically important.  In fact, there have been cases where parents have demanded one thing at a meeting and then turn around and successfully sue the school for giving in to that same demand.  While it may seem so, the legal theory behind these types of lawsuits is not entirely unfair.  Parents, while essential members of the IEP team, are not experts in education, nor do they fully understand the panoply of services that may be available.  In addition, they do not have knowledge or expertise in the different techniques, placements, services, or accommodations that may be available.  In some cases, they may be guided by common misperceptions, popular opinions, or recommendations that were made for other students in other cases. 

Each IEP team must make a thoroughly informed decision based upon the information reviewed, discussed, and presented at the IEP team meeting.  Schools should actively seek and greatly value parent opinions, but it is the job of the school personnel at the meeting to share and explain their thoughts and recommendations, as well.  At the end of the day, parents always have the right to reject the program and services offered, but schools always have the obligation to offer a FAPE, even if it is sometimes contrary to the express wishes of the parents.  Remember:  While it is important to consider and discuss parent preferences and demands, it is also important for school personnel to clearly discuss their recommendations.  Ultimately, is the needs of the student, not the demands of the parent, that should guide the offer of a FAPE.

The following quote from a special education case demonstrates this point clearly.  In this case, the hearing officer makes clear in his decision that what the parents want is not always what is appropriate for the student and that it is the responsibility of the LEA to offer an appropriate education, not just give in to what the parents are demanding at the time.

The Parent demanded the removal of 1:1 support for reasons that are not satisfactorily explained on the record. But, more importantly, the District's acquiescence to the Parent's demand is beyond any logical explanation. The District removed a service that it believed was critical for the Student's success, and completely overhauled the Student's PBSP to accomplish that removal, simply because that is what the Parent wanted. Somehow, the District lost track of the Student's right to a FAPE. At the same time, the District attempted to cover itself, all but acknowledging its knowledge that it was doing something contrary to the Student's rights, by designating the removal of 1:1 support as a "Parent decision." It was not the Parent's decision to make -- it was the IEP team's decision to make. There were a host of ways that the District could have said no. The District could have also come to an agreement outside of the normal IEP process to provide mutually agreed-to services in lieu of FAPE. The District chose neither of these paths, and denied the Student a FAPE in the process.

North Pocono Sch. Dist., 119 LRP 2805 (PA SEA 2019).

In most instances, extreme conflicts can be avoided through effective communication and a thorough discussion and understanding of the parents’ demands and the school’s recommendations.  Why are the parents demanding this specific placement/service/program/accommodation?  What are their concerns?  Why do the school members of the team believe that it is not appropriate for the student?  Has the school fully understood the parents’ position and request?  Are the school members of the IEP team fully explaining their recommendations and the reasons for it?  Are there alternatives that can be considered that might satisfy both parties?  Most of the time, there is a way to move forward that is satisfactory to everyone on the team.  However, in cases where that is not possible, the school should move forward with the offer that provides a FAPE for the student, even if it is contrary to the parents wishes.

The Bottom Line:  Schools always have the obligation to offer a free appropriate public education (FAPE), even if some or all aspects of the proposed program or placement are contrary to the express wishes of the parents.  Parent input is critical, but remember: it is the needs of the student, not the demands of the parent, that should be the determining factor in an offer of FAPE.