When co-parents disagree about a child’s educational needs, making decisions can become difficult. This is especially true when a child receives special education services. These situations can involve both family law and special education law, making it important to understand which decisions parents have authority to make and what options are available when they disagree.
The starting point is often the existing court order or parenting agreement. Child custody arrangements may address who has authority to make major educational decisions. That authority can become especially important when parents disagree about an Individualized Education Program (IEP), a written plan that describes the special education instruction, services, supports, and goals for an eligible student.
Who Can Make Decisions About a Child’s IEP?
Educational decision-making authority depends in part on the terms of the family’s existing court order. Shared legal custody provides both parents authority to make educational decisions. In that circumstance, they will need to work together on significant issues involving the child’s education. If an order gives one parent specific educational decision-making authority, the terms of that order will affect each parent’s role in the special education process.
Federal special education law also recognizes the importance of parental participation, but generally only requires the involvement of one parent. However, that does not negate the obligation of a parent to comply with the legal custody provisions of the custody order. However, a court can identify a specific person to make those decisions who will then act as the parent for IDEA purposes.
Because family circumstances and court orders differ, parents should avoid assuming that where the child spends most of their time automatically determines who can make educational decisions. Physical custody does not dictate legal custody rights and obligations.
What Happens When Co-Parents Disagree About an IEP?
When parents have shared educational decision-making authority but disagree about an IEP, the first step is often to identify exactly where the disagreement lies. One parent may question a proposed service, evaluation, or educational placement while the other believes the school’s recommendation is appropriate.
Depending on the situation, possible next steps may include:
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Reviewing the existing court order or agreement to clarify educational decision-making authority
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Discussing the disagreement directly and identifying areas where compromise may be possible
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Working with a family law attorney or lawyer to understand how the existing order affects the decision
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Using mediation or another resolution-focused process when appropriate
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Considering court involvement if the parents cannot resolve a decision they are both authorized to make
The school district’s special education dispute process serves a different purpose. It primarily addresses disagreements between families and schools over special education programs and services. It is not equipped to replace the family law process for determining which parent has legal authority to make a decision.
How Can Mediation Help Co-Parents Move Forward?
When parents share decision-making responsibility, mediation may provide a way to address disagreements without immediately turning to litigation. A neutral mediator can help parents identify the issues, improve communication, and explore possible solutions while keeping the child’s educational needs at the center of the discussion.
Mediation can be particularly helpful when parents need an ongoing way to make decisions together. The mediator does not decide what should happen. Instead, the parents retain control over whether they reach an agreement and the mediator helps facilitate discussions and agreements that work best for the family and the student.
When parents are in mediation, mediation coaching can also help. An attorney who is not serving as the mediator can help a parent prepare for mediation, understand the existing court order, identify concerns to raise, review a proposed agreement, and provide legal guidance throughout the process.
When Might Court Involvement Be Necessary?
Sometimes parents cannot reach an agreement despite good-faith efforts to resolve the dispute. If both parents have legal custody and cannot agree on whether an IEP is necessary despite a school’s recommendation, litigation in family court may be the only option. It is important to apply to the court for relief well in advance of school starting, if possible, so that all necessary services can be place from the beginning of the school year.
Parents should also keep relevant information organized, including:
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The current IEP and previous versions
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Educational evaluations and progress reports
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Communications with teachers and school administrators
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Recommendations from relevant professionals
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The existing court order or parenting agreement
Having clear documentation can help parents and their attorneys understand the educational concerns and determine what steps may be appropriate.
Address IEP Disagreements Before They Escalate
A child’s educational needs continue even when parents disagree about how to address them. Seeking guidance early can provide more time to understand the existing order, communicate about possible solutions, and determine whether mediation or another process may help.
At BKW Family Law LLC, our attorneys help families navigate difficult parenting and legal custody issues with a focus on practical, resolution-oriented strategies. A lawyer at our office can help you understand your options and determine an appropriate path forward. Contact our team to schedule a consultation.