Kalispell Public Schools trustees will write a letter to the Office of Public Instruction opposing proposed rule changes regarding parental consent in implementing a student Individualized Education Plan.

The letter will also voice support for the state to establish a new review panel to review any modifications with more parental input.

Trustees made the decision during a board meeting Tuesday.

All Montana students receiving Special Education services must have an Individualized Education Plan under the federal Individuals with Disabilities Education Act.

The plans are established to ensure children with disabilities receive appropriate services, accommodations or specialized instruction to achieve educational goals set by a team of school staff and parents.

These plans are reviewed annually and signed off by parents. If a new Individualized Educational Plan is created and there is disagreement among parents, the last plan approved by parents is used until an agreement is reached, with no timeline, under current rules.

If a district attempts to contact parents who do not agree to their child’s plan but do not respond, a district can implement the new plan in 15 days under the current rule.

Under the proposed changes, there are several added administrative procedures that appear to allow a school district to implement a new Individualized Education Plan more readily — not only in instances where parents are unresponsive to a district’s attempts at communication, but for parents who do respond yet continue to disagree with all or parts of their child’s plan.

While the proposed changes still require written communication between a school district and parents, there is a section that has concerned trustees and parents in particular.

In summary, a school district may implement a new Individualized Education Plan without parental consent if parents continue to have disagreements “after a reasonable amount of [unspecified] time” has passed in trying to resolve them, and, after a district has sent a second letter notifying parents of changes.

From here, the parents’ only avenue to stop implementation would be to request a hearing with the Office of Public Instruction.

“Allow a reasonable amount of time, which is not clarified, should be clarified,” said trustee Mary Tepas, who serves on the school board’s recently created Special Education Committee.

Stephanie Luehr with Parents Lets Unite for Kids, a statewide nonprofit that serves families with children who have disabilities, added that removing the parent from the conversation about a child’s education when there are ongoing disputes is not the answer.

“There are already things the school can do in law, and parents can do in law, to resolve these situations,” Luehr said.

Luehr also took issue with parents having to resort to an appeal process when an agreement is not reached.

“To file a motion with OPI — it’s not an easy process,” Luehr said.

Chris Bilant, the school district Federal Projects director, said it’s the Office of Public Instruction’s attempt to ensure Individualized Education Plans remain “current and relevant.”

“I think they’re trying to proceduralize the process,” Bilant said.

In checking in with the Office of Public Instruction following a public hearing Nov. 6, Bilant noted a packed room of parents and advocacy groups sent “a very clear message to the Office of Public Instruction to step back from the proposed administrative rules in regard to parental permission and parental consent for subsequent IEPs.”

Hilary Matheson is a reporter for The Daily Inter Lake. She may be reached at 758-4431 or [email protected].