Your Parent Concerns Statement Has Legal Weight — Here's How to Use It

There is a section in every IEP that most parents either skip, fill in with two vague sentences, or let the school paraphrase for them. It is called the parent concerns statement — and it might be the single most underused tool in the entire IEP process.

This is the one place in the official document where your words go on the record. Not the school's summary of what you said. Not the team's interpretation. Your voice, documented. And under federal law, the IEP team is required to consider it when building your child's plan.

This guide walks you through exactly what to write, how to make it count, and how to use it strategically before, during, and after the IEP meeting.

What Is the Parent Concerns Statement?

The parent concerns statement is a section of the IEP — typically found within the Present Levels of Academic Achievement and Functional Performance (PLAAFP) — where parents document their concerns about their child's education. It is not a suggestion box. It is part of the legal record.

Under the Individuals with Disabilities Education Act (IDEA) (34 CFR 300.324(a)(1)(ii)), the IEP team must consider "the concerns of the parents for enhancing the education of their child" when developing the IEP. This is not optional language. The word is must.

What goes into this section should come directly from you — in your own words. Not a summary the school wrote after a phone call. Not "parent is satisfied with current services" typed by someone who never asked you. Your actual concerns, written by you.

Why It Matters More Than You Think

Most parents treat this section as a formality. Here is why that is a mistake:

• It becomes part of the permanent record. Everything in the IEP is a legal document. Your concerns statement travels with your child from year to year, school to school. If you later need to show that you raised an issue and the team did not address it, this is your evidence.
• It shapes what the team must respond to. Once your concerns are documented, the team has to address them — or explain in writing why they chose not to (through Prior Written Notice). Undocumented concerns are easy to ignore. Written ones are not.
• It anchors the meeting. Walking into an IEP meeting with a written concerns statement changes the dynamic. Instead of reacting to what the school presents, you are setting the agenda. You are saying: these are the things that matter to me, and I need the team to address them.
• It protects you in disputes. If you ever need to pursue mediation or due process, the first thing anyone looks at is the IEP record. A clear paper trail of documented concerns — and the school's response (or lack of response) to them — is powerful evidence.

What the Law Says

The legal foundation for parent concerns is straightforward:

• IDEA (34 CFR 300.324(a)(1)(ii)): The IEP team must consider "the concerns of the parents for enhancing the education of their child" when developing the IEP.
• IDEA (34 CFR 300.324(a)(1)(i)): The team must also consider "the strengths of the child."
• IDEA (34 CFR 300.322): Schools must ensure parents have the opportunity to participate in IEP team meetings.
• IDEA (34 CFR 300.503): When the school proposes or refuses an action you requested, they must provide Prior Written Notice — including a description of the options considered and the reasons they were rejected.

In New York, the requirement goes further: parental concerns must be documented in each of four present levels areas — academic/learning, social development, physical development, and management needs (8 NYCRR 200.4(d)(2)(i)). In Texas, the ARD committee must consider parent concerns when developing the PLAAFP (34 CFR 300.324(a)(1)(ii); 19 TAC 89.1055), and parents have the right to include a written statement of disagreement in the IEP if the team cannot reach agreement.

The bottom line: this is not a courtesy. The school is legally required to consider your concerns. And if they do not address them, they owe you a written explanation.

What to Include in Your Statement

A strong parent concerns statement covers three areas: what you observe, what you prioritize, and what you are requesting.

1. What you observe at home

The school sees your child for 6-7 hours a day. You see the rest. Your observations carry weight because they reveal things the school may not know about:

• How long homework takes and what it looks like (meltdowns, avoidance, tears)
• Sleep disruption, anxiety, or school refusal
• Regression over breaks or weekends
• Social isolation — not being invited to birthday parties, eating alone at lunch
• What your child says about school when they think nobody is keeping score

2. What you prioritize for the year

The school may have its own priorities. Yours matter too. Be specific about what you want the team to focus on:

• Reading fluency catching up to grade level
• Reducing anxiety around testing
• Building independence with executive functioning (organization, task initiation)
• Social skills — making and keeping friends
• Safety — if your child elopes, self-harms, or is being bullied

3. What you are requesting

If you want something specific in the IEP, say it here. Putting requests in writing forces the team to respond — either by granting them or by providing Prior Written Notice explaining why not.

• A new evaluation (occupational therapy, assistive technology, functional behavior assessment)
• Additional services or increased service minutes
• Changes to goals that feel too easy or unmeasurable
• Accommodations your child needs but does not currently have
• Extended School Year (ESY) services

How to Write It

You do not need to write a legal brief. You need to be specific, honest, and organized. Here is a framework:

1. Start with strengths. Name something your child does well. This is not fluff — it sets the tone and shows you are a collaborative team member, not an adversary.
2. State your concerns with specifics. Use dates, frequencies, and examples. "He struggles with reading" is weak. "He is reading at a first-grade level in third grade and cries during homework four nights a week" is powerful.
3. Name your priorities. What do you want the team to focus on this year? Pick 2-4 priorities. More than that dilutes the message.
4. Make your requests. If you want an evaluation, a service, or a change — say it clearly.
5. Close with your expectation. A simple sentence like "I expect the team to address each of these concerns in today's meeting and document how they are reflected in the IEP."

Keep it to one page. Longer is not better. Clear, specific, and organized beats long and emotional every time.

Sample Language You Can Use

Here are examples you can adapt. These are not one-size-fits-all — tailor them to your child and situation.

Opening (strengths + transition to concerns)

I want to start by acknowledging that [child's name] has made progress in [specific area] this year, and I appreciate the team's work on that. However, I have several concerns I would like the team to address in developing this year's IEP.

Academic concerns

[Child's name] is currently reading at a [X] grade level in [Y] grade. Homework that should take 20 minutes takes over an hour, and [he/she/they] frequently becomes frustrated to the point of tears. I am concerned that the current reading goals are not ambitious enough and that [he/she/they] is falling further behind peers.

Social/emotional concerns

At home, [child's name] reports having no one to sit with at lunch and has not been invited to a peer social event this school year. [He/She/They] has expressed statements like "nobody likes me" and "I don't want to go to school." I am requesting that the team consider adding social skills support and evaluate whether a counseling goal is appropriate.

Requesting an evaluation

I am requesting that the team conduct a functional behavior assessment (FBA) to better understand the behaviors [child's name] is exhibiting in the classroom. I understand the school will need to provide Prior Written Notice if this request is denied, and I would like the team's response documented in writing.

Concerns about current services

[Child's name] currently receives 30 minutes per week of speech therapy. Based on [his/her/their] most recent progress report, [he/she/they] has met only 1 of 3 speech goals. I am concerned that the current service frequency is insufficient and am requesting the team consider increasing speech services to 60 minutes per week.

Closing

I expect each of these concerns to be discussed at today's meeting. For any concern the team chooses not to address in the IEP, I am requesting Prior Written Notice explaining the basis for that decision.

Common Mistakes to Avoid

• Being too vague. "I'm concerned about his progress" gives the team nothing to act on. Be specific about what progress, in what area, and what you have observed.
• Letting the school write it for you. "Parent is happy with services" written by someone who never asked you is not your voice. Write your own statement or review every word before the meeting.
• Waiting until the meeting to speak up. Verbal concerns said during a meeting can be paraphrased, minimized, or forgotten. Written concerns submitted in advance cannot.
• Writing an angry letter instead of a strategic document. Your feelings are valid. But the concerns statement is a tool, not a vent. Save the emotion for your support network. On paper, be clear, factual, and specific.
• Not following up. You wrote the statement. You handed it in. The meeting happened. Now what? Check the final IEP to make sure your concerns are reflected. If they are not, that is a red flag — and grounds for requesting Prior Written Notice.

Using It in the Meeting

The concerns statement is not just a form you fill out and forget. It is a strategic tool you use during the IEP meeting itself.

Before the meeting

• Email your statement to the team 2-3 days before the meeting. This gives them time to prepare responses — and creates a timestamped record that you raised these issues before the meeting, not after.
• Bring printed copies. Hand one to the special education coordinator at the start of the meeting and ask that it be attached to the IEP.

During the meeting

• Reference it directly. "As I noted in my written concerns statement, I am requesting a functional behavior assessment. Can we discuss the team's response to that request?"
• Use it to redirect. If the meeting veers off track, say: "I want to make sure we address the concerns in my written statement before we wrap up."
• Ask for documentation. For each concern, ask: "How is this concern being addressed in the IEP?" If the answer is "it's not," ask: "Can I get Prior Written Notice explaining why?"

After the meeting

• Review the final IEP. Compare it against your concerns statement. Every concern should either be reflected in the IEP (in goals, services, or accommodations) or addressed in Prior Written Notice.
• Send a follow-up email. Summarize what was discussed and what was agreed upon. This is your paper trail if the team's memory differs from yours.
• Save everything. Keep your original concerns statement, the email sending it, the final IEP, and any PWN you receive. This file is your evidence if you ever need to escalate to mediation or due process.

Your Next Steps

1. Write your statement now. Do not wait until the week of the meeting. Use the framework above: strengths, observations, priorities, requests, closing expectation.
2. Email it to the team. Send it 2-3 business days before the meeting with a subject line like: "Parent Concerns Statement for [Child's Name] — [Meeting Date]." Ask that it be attached to the IEP.
3. Bring printed copies. Hand one to the coordinator at the start of the meeting.
4. Reference it during the meeting. Do not assume the team read it. Walk through your key concerns and ask how each will be addressed.
5. Review the final IEP. Confirm your concerns are documented accurately. If they are not, do not sign until they are corrected.
6. Save your file. Keep the statement, the email, the IEP, and any PWN together in one folder — physical or digital. This is your advocacy record.

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Sources

• 34 CFR 300.324 — Development, review, and revision of IEP — U.S. Department of Education
• 34 CFR 300.322 — Parent participation — U.S. Department of Education
• 34 CFR 300.503 — Prior written notice — U.S. Department of Education
• Individuals with Disabilities Education Act (IDEA) — U.S. Department of Education