Montana IEP Parent Rights & Resources

Who can help you in Montana (free)

Your rights under IDEA in Montana

• Free Appropriate Public Education (FAPE) — Montana public schools must provide special education and services designed for your child, at no cost to you.
• Least Restrictive Environment (LRE) — your child has the right to learn alongside non-disabled classmates as much as appropriate.
• Evaluations — you can request an evaluation at any time, in writing, and the school must respond. You can also request a reevaluation if things change.
• Procedural safeguards — the school must give you a written notice of your rights, and written notice before it changes (or refuses to change) your child's identification, evaluation, or placement.
• Parent participation — you are an equal member of the IEP team. Meetings must be scheduled at a mutually agreeable time, and you can bring anyone you choose.

These protections come from federal law and apply in every state. Read the full plain-English guide to your rights →

Key IEP timelines

• Initial evaluation: under IDEA's default rule, the school has 60 calendar days from your written consent to complete it — unless Montana sets its own timeline. Parents Let's Unite for Kids (PLUK) can confirm the exact Montana timeline for free.
• After eligibility: the IEP meeting must happen within 30 calendar days of the decision that your child is eligible.
• Every year: the IEP must be reviewed at least annually — and you can request a meeting sooner at any time.
• Every 3 years: your child must be reevaluated (unless you and the school agree it isn't needed).

If you disagree with the school in Montana

1. Talk first, in writing. Many disputes resolve at the IEP table — put your concerns and requests in writing so they become part of the record.
2. Mediation. Free and voluntary — a neutral mediator helps you and the school reach a written agreement.
3. State complaint. A written complaint to the Montana Office of Public Instruction about an IDEA violation within the past year — the state must investigate and decide, generally within 60 days.
4. Due process. A formal legal proceeding before a hearing officer. Before filing, Disability Rights Montana can advise you on your options at no cost.