The Individualized Education Plan (IEP) process determines whether your child qualifies for special education services.

Make the most of it as a parent and engaged participant. You are an expert on your child, after all. Knowing more about the process can help you better advocate on behalf of your child.

For this article, we spoke with current and former school psychologists and researched what other experts have said to help you succeed during what many parents consider to be a very stressful time, with lots of new terms and acronyms, deadlines, and opportunities to disagree or appeal—not to mention the extra time parents must take in order to be present during the process and even prepare themselves beforehand.

Know your rights

According to the Individuals with Disabilities Education Act (IDEA), parents have rights and responsibilities during the process of identifying and providing a Free Appropriate Public Education (FAPE) that is designed for their child’s individual needs.

Among your rights is the ability to request that your public school evaluate your child to determine if he or she qualifies for special education. Make that request in writing. The date the school district receives the letter begins a 90-day time period during which school officials must hold an initial meeting for special education services.

Often, a child is placed in a pre-referral process known as Response to Intervention after a teacher or school professional has observed the student struggling academically. If the child does not respond to the intervention, the team might suspect a disability and refer the child to the evaluation process and special education.

Beginning the IEP Process

At the initial IEP meeting, often called a screening meeting, you and a team of professionals will discuss whether it is suspected that the child has an educational disability by reviewing parental concerns, the academic performance of the child, teacher input, academic history, etc.

Members of the IEP team often include:

•        the child’s parent or guardian
•        a general education teacher
•        a special education teacher
•        a school district representative
•        a school psychologist
•        other professionals, such as a speech–language pathologist or occupational therapist
•        possibly your child, depending on his or her age.

This is the parent’s opportunity to ask for individualized academic information, if it is not presented.

“The parent could request specific data from the school team with regard to the student’s reading, writing, and math skills and whether the student is performing at grade level in these areas,” said Tina De Forge, a school psychologist in Howard County, Maryland.

How best to disagree

If the team does not suspect the student has a disability, you can disagree. It’s best to use factual statements as to why you disagree and why you believe your child deserves to be evaluated for a disability. Present specific information, if possible, such as notes stating the amount of time your child spends on homework and the grades and feedback received.

If the child is aware that he or she is struggling, consider talking about that experience in the meeting. If you are comfortable with your child discussing these issues, consider bringing him or her to the meeting to explain for himself/herself that s/he is struggling; this can have an important emotional impact on the proceedings.

Ultimately, the parent can appeal the team’s decision and take the school district to mediation—if the team agrees not to proceed with an assessment.

If the team agrees that they suspect the student has an educational disability, then school officials have 90 days from the date the letter was received to conduct the evaluation process and review the results with the parent, although some states complete the process within a shorter timeframe.

In addition, some states allow schools to skip the screening meeting if the parent grants written permission to have the child evaluated. 

Develop relationships

Because the label of a “difficult parent” can be quickly applied, it’s important to develop good relationships with the school officials who make up the IEP team. Make a sustained effort to set aside emotions and learn their jobs and responsibilities.

The entire process of evaluation is often a stressful time for families, who can become fearful of mental health stigmas or a change in placement for the child. It can also be a stressful time for the professionals involved when parents resist recommendations.

Consider bringing an advocate to the initial IEP process meeting and later to the eligibility IEP meeting. Such a professional can translate special education jargon into terms you can easily understand. You can also bring a lawyer, but keep in mind that school officials consider the presence of an attorney to be a prelude to a lawsuit, prohibiting some team members from speaking more freely.

You don’t need an attorney to do the work of an advocate. But if you do decide to hire a lawyer, make sure to hire an education attorney who is very familiar with the IEP process.

If you can’t afford to hire such a professional, consider joining a local or online support group whose members have been through the process before and can give you tips. You can also inquire if the school or PTA has information or even an informational session for parents of students with disabilities.

Whatever you decide to do, stay on top of IEP deadlines.

Eligibility meeting

After the child has been evaluated, the IEP team meets again, this time in what’s called the eligibility IEP meeting. In this meeting, evaluation findings are presented in reports to the parent.

In some states, schools are required to make a copy of the report available to parents before the meeting—but that depends on where you live. Many school psychologists will phone parents before the eligibility meeting and inform them about what they plan to discuss. And parents can even submit questions ahead of time.

Request a draft of the IEP in advance, and request a draft of the evaluation in advance, too. This will allow you to prepare for the meeting with questions based on the reports everyone on the team will review during the meeting.

If you plan to bring an advocate to the eligibility meeting, let the team members know in advance. Also, if you are so inclined, let them know you intend to record the meeting in order to participate fully without having to take notes.

At or prior to the IEP meeting, you will be asked to sign a form stating that you understand your rights. The IEP is a legal document that includes:

•        a child’s present level of functioning
•        educational abilities, including strengths and weaknesses
•        areas of eligibility among the 13 disability categories

Do not allow the meeting to be held in a place where other students can overhear the conversation. At the meeting, the people who conduct the evaluation (e.g., school psychologist, speech–language pathologist, occupational therapist, special education teacher) will make recommendations, and the other team members will either agree or disagree.

Chair has final call

When parents and school officials disagree, the final decision rests with the chair or his or her designee. The chair is usually a principal, assistant principal, or special education team leader.

Under the law, parents can challenge a school district’s decision by requesting mediation, filing a complaint with the state, or filing for a due process hearing. If parents disagree with the results of the evaluation, they have a right to request an Independent Educational Evaluation (IEE) at the district’s expense. However, district officials are not obligated to approve such a request.

If parents object to the report’s findings, it’s important that parents speak up at the eligibility meeting.

“They need to make sure it’s on the record during the evaluation meeting,” said Stephanie Roberts, a former school psychologist who now works as an Assessment Consultant for WPS.

“They should say, ‘I want this in the notes: I don’t agree with this because…’ and state why they don’t agree, because the only documentation, the only record is within those notes. That’s important for parents to know.”

You can privately request that district officials give additional consideration to your suggestions and objections by meeting separately with a special education administrator or a specialist on staff. You also can ask that additional testing be performed.

If you need more time to reflect upon the findings, request a continuation meeting.

Lastly, you don’t have to sign the IEP the day of the meeting. Consider taking it home and reviewing it on your own time, but keep in mind the IEP is not enacted until the parent or guardian signs it.

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