Too many IEP meetings begin with an AEA staff member announcing that the team is going to review a new draft IEP (or BIP, safety plan, etc.) that the parent has never seen. Then they proceed to discuss the document.
This procedure places all or most parents at a keen disadvantage by giving them only enough time to “see” and “react” to the material during the meeting - but not enough time to think about content sufficiently to give meaningful input.
By withholding drafts from parents until IEP meetings commence, school district and AEA members of IEP teams effectively demonstrate an intent to prevent parents from fully participating as members of their children's IEP teams.
The IDEA requires districts to ensure that the parents of each child with a disability are members of any group that makes decisions about their child's educational placement. 34 CFR 300.327 ; 34 CFR 300.501 (c)(1). This means that districts must go beyond merely allowing parents to be present at IEP meetings. Substantive harm occurs when LEAs seriously infringe upon a parent’s opportunity to participate in the IEP process. See Bd. of Educ. of the Hendrick Hudson Cent. Sch. Dist. v. Rowley, 458 U.S. 176, 208, 73 L. Ed. 2d 690, 102 S. Ct. 3034 (1982) (“Congress sought to protect individual children by providing for parental involvement . . . in the formulation of the child's individual educational program.”). Parent participation must be more than a mere form; it must be meaningful. See Deal v. Hamilton Cty. Bd. of Educ., 392 F.3d 840, 858 (6th Cir. 2004).
I strongly recommend that parents give their children's IEP team written notice that they request that at least two school days in advance of their child's IEP meeting, the team provide them with copies of all written documents that will be discussed at the meeting.
Moreover, Iowa law should not accord fewer rights to parents participating in IEP meetings than it provides to the members of condominium associations who are legally entitled to receive ten days before condominium association board meetings, drafts of all proposals for action to be considered at those meetings.
To
ensure that parents have the opportunity to participate meaningfully in
developing their children’s IEPs, I recommend that the Iowa Department of
Education amend the Iowa Rules of Special Education to include a rule providing
that: “At least two school days before an IEP meeting, the school/AEA is
required to provide parents with copies of any written documents that will
be addressed at the IEP meeting.”
