Match the IEP concern to the right kind of help.

First separate a question from a disagreement

Ask yourself whether you need an explanation, a different proposal, information about implementation or help with a possible violation. For example, “What does this score mean?” calls for clarification; “The reading instruction listed in the IEP did not happen on these dates” calls for a review of what was delivered. These are illustrative examples, not findings about a particular school.

This guide provides educational information, not legal advice or a recommended filing strategy. If the concern involves discipline, a proposed placement change, a settlement or a possible filing deadline, seek qualified legal help promptly. Do not assume an informal conversation pauses a deadline.

Ask for the decision and reasons in writing

Under IDEA §300.503, prior written notice applies when a public agency proposes or refuses specified changes involving identification, evaluation, placement or a free appropriate public education (FAPE). It describes the action, reasons, evidence and alternatives considered, along with safeguards information. A meeting invitation is not the same thing.

An adaptable question: “Please clarify what action the school is proposing or refusing, what information supports it, and provide the applicable prior written notice and procedural safeguards.” This is an original communication aid, not an official complaint or a substitute for required filing contents.

• Read IDEA’s prior written notice requirements

Choose a process by its purpose

NMPED offers several routes; they are not a mandatory ladder in which every family must buy advice or exhaust every informal step first. Consult the current instructions for the route you are considering.

• Facilitated IEP: an impartial facilitator helps the team develop or revise the IEP; the facilitator does not decide it. Both school and parent must agree. NMPED provides it at no cost to parents.
• Mediation: a voluntary process with an impartial mediator to help resolve a dispute. Federal rules prohibit using it to deny or delay the parent’s hearing rights or other IDEA rights.
• State complaint: an individual or organization alleges a violation of special education requirements. NMPED investigates and can require corrective action when it finds a violation.
• Due process hearing: an administrative legal proceeding before an impartial hearing officer, addressing matters such as identification, evaluation, placement or FAPE. Evidence and legal procedure matter; educational coaching is not legal representation.

• NMPED facilitated IEP options
• NMPED mediation
• NMPED state complaint instructions
• NMPED due process hearing instructions

Build a one-page disagreement record

Use this original organizer for your own preparation. Keep facts, questions and requested changes in separate fields. Include relevant context even when it does not support your first interpretation. Store student documents privately, not in public website forms.

• Concern: describe one action, omission or decision without guessing anyone’s motive.
• Evidence: list the dated IEP provision, report, work sample or communication that relates to it.
• What is still unknown: identify records or explanations you need.
• Requested next step: state the review, explanation or change you want discussed.
• Response log: record who responded, when, what was agreed and what remains disputed.
• Process check: record the official instructions consulted and any deadline question to take to qualified counsel.

Keep consent and placement questions separate

Disagreeing with a goal is not the same action as revoking consent for all special education services. Under §300.300(b), written revocation of continuing services has significant consequences: the agency must give prior written notice before stopping, and may not use mediation or due process to override that revocation. Ask for an explanation before treating revocation as a negotiating tool.

These pathways are not interchangeable across placements. Homeschooling, parent-selected private schooling and a school-arranged placement can raise different service-rights questions. Get placement-specific guidance before withdrawing a student or assuming private tutoring costs will be reimbursed.

Discrimination concerns and private help have separate roles

OCR accepts disability-discrimination and retaliation complaints involving covered entities. That is a civil-rights route, not simply another name for an IDEA hearing. Use OCR’s current instructions to understand its process; this guide does not determine jurisdiction or which claims to file.

Special Ed Resource’s $29.95, 30-minute IEP phone consultation is a separate, secondary educational-support offer. It is not school-meeting representation, a complaint filing service or legal counsel. IEP Momentum is a separate membership. Neither is required to use NMPED processes. For academic instruction, explore our online tutoring instead.

• OCR complaint information