IEP meeting coming up in May?

Question

I have an IEP meeting for my daughter in May and the focus is mainly on her school placement for next year. She is currently in an intermediate unit classroom with children with various disabilities. She has learning delays. We want her back in the district, but her teacher wants to hold her out another year. At past meetings, we were not given a copy of the IEP until weeks later. Are they required to provide me with a copy either prior to or at the meeting if I request one? Also, the IU is performing an evaluation on her. Should I be given a copy of that report prior to the IEP meeting as well? I don't want any surprises.

Answer 1

Yes, They are required to give you a copy of the IEP.  In fact it is suppose to be developed together as you discuss the elements needed.   Copies of evaluations should also be given.  Time constraints tend to get the IEP Team to rush and hold off on developing IEP at the meeting but it should be. You should tell the Team up front that you want to leave with copies so you will not have to wait. You can, should and are suppose to be a member of the team assisting in the development of the plan.

Answer 2

That was definitely questionable to give you a copy so long after the meeting... did they give you a legitimate excuse? Also, you cannot get a copy of the IEP until the meeting actually takes place... IEPs are to be drawn up at the actual meeting with all important figures present at the same time... you as the parent have the final say in anything that involves your child's placement, as long as it's within reasobable reach... do you have a copy of the procedural safeguards *you should have been given this a few times* read over them so that you can be aware of your rights when you disagree with the school district about your daughter's placement... there's a process called due process that you need to review

also, ask her teacher to explain what the "least restrictive environment" means... and find out for yourself... your child should have the less interventions as is reasonably possible,,, and regardless of placement she needs to have access to the general ed curriculum

Answer 3

At the IEP meeting you should be given a copy of the IEP to look over. Unless your daughter is not already on an IEP, a meeting needs to take place before and IEP can be written. If you like everything about it you can sign it there at the meeting. If you want to, or if you see things you want amended, then you can take the IEP home with you and write down what you want removed, added or amended and send it back in to the school psychologist. Once she amends it, (If it can be amended) she will send that copy to you to be signed. You have every right to request any test results- and you can override the teachers recommendation and place your daughter where you see fit.

Answer 4

While it's not best practice, the reason of the delay (other than procrastination on the teacher's part) is that the school system designee wants to review the IEP before putting it into the teacher's hands.  A couple of years back we had a unreasonable situation with a foster mom develop.  Son brought a weapon to school.  She was able to have him back in school because one of the accuracy statements was not written correctly. Thus, the entire IEP was invalid and no behavioral issues were properly and legally addressed.  Those technicalities end up costing the school system a one-on-one to the tune of $35,000 a year.  So you can see why the school system wants to wait for another pair of eyes to look over the IEP.  

About wanting the results of the evaluations, the school system policies vary.  Go ahead and ask.  If the school system refuses (and they have a right to do so), warn them that the meeting will be long and you'd like the psychologist and diagnotisician's present.  

I'd imagine you could put her back into the district at anytime you wish, including when the teacher doesn't want her to.

Answer 5

By IDEA law  You are suppose to recieve copy of IEP at the meeting, do not leave without it. You should not HAVE to ask for it, they are to give it to you automatically. Tell them you won't leave meeting without it and if you do, THEY are violating IDEA LAW.  

The reason schools keep it is to change the info on it  (that benefits them)  before they give it to you, hoping you won't notice the changes.

And you can request copy of eval report before IEP meeting, but by law I don't think  they  HAVE to give it to you before then. (I'm not sure)

BEFORE this IEP meeting,   WRITE and request a copy of the eval report and also state   that you can not make any decisions for your childs education IN THE MEETING   if you do not get the report beforehand, because IDEA law requires you to be an equal and INFORMED member of the IEP team to make informed decisions for your childs education.  

You can not do this if you do not have the evaluation report before the meeting. You can request it about 5 days before the meeting to be sure you have enough time to go over it and understand it.

Also state if they dont' give you the report before this IEP meeting, you will be requesting another IEP meeting after you have reviewed and understood the eval report.

If they refuse your child beign back in the district, write to whoever refuses you and request 'prior written notice' for this refusal.

THey have to have LEGAL reasons for refusing this, and put the reasons in writing to you. If they don't have legal reasons to refuse beign back in district, then they will have to let her be back in district.

And 'hold her out for another year' is NOT a LEGAL reason for refusing her to be put back in district.

Do EVERYTHING in writing.

If you need help, email me  [e-mail]

Answer 6

Yes, You deffinetly must get all of the paper works prior to the meeting. And you should have all the proof for all of the IEP meetings no matter what the situation is.

Answer 7

I realize things are done differently in each state, and that may be the reason I'm seeing such discrepancies in the answers you've gotten so far.  I have 21 years experience with Sp ed in Texas public schools, and am not familiar with how things are done elsewhere.  However, here the parent must, by law, receive a draft of the IEP 2 weeks before the conference, which we call an ARD meeting (admit, review and dismiss), to look over and decide if they agree with it.

At the conference, which everyone who deals with the student must attend -- teacher, speech therapist, psychologist,  OT, PT, diagnostician and principal -- everyone gives input and rec commendations are made and it is a joint decision as far as accepting  the draft of the IEP.  Now, it may be a week or two later when you get a copy of the IEP as it was finally accepted.  I'll bet the diagnostician doesn't realize you aren't getting the IEP draft.  Diagnosticians  usually strictly follow the law.  I'll bet the teacher, OT,  PT,  or  Speech therapist  don't have it ready yet so it's not getting out.  The same goes for evaluation scores. Give the diagnostician a call and I'll bet you get it real quick.  Good luck.

Answer 8

You do not get any paperwork prior to the meeting because by law everything must be explained.

However, by law you are entitled to an interpretation of the evaluation (and a copy is usually provided) during the meeting and before signing anything. You should always get a copy of the IEP before you leave the meeting. In fact you get a copy of all paperwork.

You can always stop the meeting and tell them you want a week to think about the evaluation results. Even if you end up signing something and think better of it later, you can always call a meeting - do put your request in writing and copy it to the special ed teacher & principal (and special ed director if you need to go that far). Nothing is written in stone and even though it is a team decision, parents do have the last word.

Is there an advocacy group in your area? In NC we have ECAC and it operates in several other states. These people go with you for free.

Interestingly enough, I requested a copy of my son's reevaluation which I did not receive in the meeting and the director said they could legitimately charge me for the copies, which I found out was true. (and I work for the same school system and teach special ed )

Answer 9

You should get a copy of the IEP after the meeting as you will be creating it at the meeting.  There are legal guidelines as to how long the school has to get the IEP to you.  You should inquire about the Least Restrictive Environment (LRE) for your daughter.  I believe that schools are required to offer a continuum of services for students with special needs so their should be no reason for your daughter to be out of district.  Also, look into an advocacy program for students with special needs.  Most states have a parent advocates  who know the laws and can sit at the meeting with you and argue on your behalf.  They are usually free and will be able to answer all of your questions.  most often, when you bring an advocate, district will get nervous and be more likely to stick to the law.

Answer 10

In regards to your questions, you have some good points.  Unfortunately the district does not need to give you a copy of the IEP at the meeting, the IEP should have DRAFT on it when you are at the meeting because you and the team are supposed to be writing the majority of it there.  DRAFT needs to be on that document until it is review by the administrator otherwise the district could get in some trouble.  The documents from the evaluator however could be given to you prior depending on the districts policy, just ask.  Also, bring any information you have regarding testing or evaluations that you have had done outside the district.  You should be leaving the meeting with a determination of placement page.  I have to hand that out to my parents at the end of my IEP meetings.  Hope this helps.

Answer 11

Make sure that you private SLP, Psych etc are at the meeting. They will focus more on the needs of the child then the school will.

Answer 12

You should not be given a copy of the IEP prior to any meetings as the IEP is supposed to be developed at the meeting.  They are not required to send you home with a copy of the IEP...many teachers only bring a draft to the conference and revise it with the input of the parents.  It is also impossible to write an IEP when major issues (such as placement) are up in the air.  You can request a copy of the evaluation prior to the conference, but they are not required to give it to you prior tho the conference.  Many times the final report of the evaluations are not completed until just prior to the conference.

Answer 13

You should have access to copies of all paperwork as soon as it is available.  That is your legal right.

You can ask to meet with the teacher and/or other professionals before the formal meeting to discuss any concerns you may have.