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(4.39) Can I consent to only part of the IEP?

(4.39) Can I consent to only part of the IEP?

Yes. You can consent to recommendations of the IEP with which you agree, so that those services or placement can be implemented as soon as possible. If you disagree with certain components of the IEP, those cannot be implemented, and may be issues to be resolved in due process proceedings. You may put your disagreement in writing and attach it to the IEP document to make your position clear.[1]

If the district determines that the proposed IEP with which you do not agree is necessary to provide FAPE and seeks to implement the IEP even without your consent, it must initiate due process proceedings. While due process is pending, your child shall remain in their then-current placement, unless you and the district agree otherwise.[2] See Chapter 6, Information on Due Process/Compliance Procedures.

  1. Cal. Ed. Code Sec. 56346(e).[]
  2. Cal. Ed. Code Sec. 56346(f).[]