IEP policies matter for your child. They are a crucial tool in negotiating the best educational plan possible. Let’s break down how to find them and how to leverage IEP policies in your favor.
IEP Policies are a Crucial Tool at the Special Education Table
Friendly reminder: nothing written on this blog is or should be construed as legal advice. I am not a lawyer and cannot provide legal advice. Any actions you choose to take, or not take, on behalf of your child’s education are entirely your own.
When you’re sitting in a meeting, everything is on the table. Often, quite literally on the table – it’s likely littered with documents and notes plus everyone’s computers. In a figurative sense as well, all aspects of your child’s IEP are up for discussion.
At this moment, it’s important that you know your rights and the school’s policies.
Procedural Safeguards are Federal Laws
You’ve likely been offered and received this document many, many times. Over the last few years, you’ve also got this in PDF format attached to each and every meeting invite email. But have you actually read it? Like in detail read it?
Stop reading and dig out your most recent copy, digital or physical, right now.
Let’s deep dive into these IEP policies together.
- Your procedural safeguards should be clearly explained to you, in your preferred/native language or method of communication
- Parental consent must be given (note: this is interpreted differently between each state, so be aware!)
- You have the right to an interpreter, including translation of written documents
- You have the right to receive prior written notice (PWN) whenever something is changed in your child’s IEP or when the school rejects/accepts a course of action; pretty much every meeting should be followed by a PWN – we’ll dig into this more later on
- If you disagree the findings from a school district’s assessment(s), you have the right to request an independent educational evaluation (IEE)
- You have the right to access your child’s educational records; this is also covered by FERPA
- If you have a disagreement or complaint, you have the right to resolve it through mediation and/or due process in a formal process
These procedural safeguards are part of federal law, enshrined in IDEA Section E.
When you have an issue with your child’s IEP, this is the first place you should turn for information.
Don’t Overlook Prior Written Notice
PWNs are a secret policy tool that parents can use to their advantage. These are the records of what is discussed and decided at each and every IEP meeting.
After every meeting, you should receive a PWN that clearly outlines everything that went on. You should review this very carefully and compare it to the IEP you developed.
If you do not agree with how the PWN represents what happened or what was agreed upon, you can disagree in writing.
Go through, point-by-point, and record your perspective of what occurred. Return your amended copy to the team and request that your version be reviewed for the final copy. If they do not accept it, you can also request that your rewrite be included in addition to the “official’ version of the PWN.
If the PWN isn’t spot-on accurate, it could impact what the school is legally required to do. Often, the full scope of a discussion isn’t fully captured. Or the reason a request was denied isn’t totally recorded. Sometimes an option that was considered isn’t included at all.
Going through these with a fine-tooth comb is important.
School District Policies About IEPs You Should Know
Each and every school district is governed by policies and procedures. It’s essentially a playbook of rules that should be aligned with federal and/or state laws. This document outlines discipline, educator qualifications, and how many school days are required each year.
Policies are things that LEAs (local education agencies AKA school districts) like to bring up at IEP meetings. They like to use phrases like:
- According to our policy, we can’t provide 1:1 aides except…
- According to our policy, X service is offered only…
- According to our policy, we don’t do that here.
Policies, however, are tricky things. You see, for a policy to really exist it needs to be written down, published.
Sometimes, IEP team members like to refer to “policies” that don’t actually exist.
Whenever a school is attempting to require something or deny a suggestion, ask to see the policy that supports that course of action. Ask to see it in writing, with a publication or adoption date before your meeting.
Knowing the policies and laws that relate to special education can be a vital tool in your arsenal as you pursue the best possible IEP for your child.