The Complete Guide to the IEP Process for Parents and Parental Rights

We are so proud of you for finding your way here. Starting the IEP process is never easy for families and we understand the struggle you have overcome to get here. We will take you through the entire IEP process for parents and even discuss your parental rights.

Keep in mind that the IEP process and parental rights do vary from state to state, but some of these requirements are federal mandates too. Also, as most of this is legal, it can be a little daunting for parents. Please know that most of us feel that way and you have done nothing wrong if you find the IEP process or your parental rights difficult to understand. We will do our best to break it all down into every day language for parents.

What Is an IEP?

Let’s start with this first question. An IEP is an individualized education plan that is specifically written for any child who has a disability that impacts their learning or ability to participate in school. The IEP document is supposed to be individualized specifically for the child and the school year.

The IEP document is very lengthy, often multiple pages with plenty of jargon and teacher speak. For more information on the actual IEP document, check out our Parent’s Guide to the IEP meeting.

What’s the IEP’s purpose?

The purpose on an IEP is to level the school learning environment so that children with disabilities can succeed in school and participate with their peers for to fullest extent possible. The IEP will also assist students who are behind in school learning, behavior, physically, or socially to “catch up” with their peers as much as a child is able. The IEP does this by developing a team of people to create the IEP document and using all their combined knowledge to write a specific IEP for the child. This IEP includes individual goals for the child as well as supports that the child will need to succeed in all areas of school.

IEP’s focus on the whole child, not just academics. If your child needs help in only reading, the IEP will focus on reading, but will also focus on reading in other subject areas too! If your child needs support behaviorally, socially, physically, or emotionally, then supports should be written for your child in these areas as well. Your child could even have goals in these areas. This is important to remember that IEP’s help child in all areas of school, including extracurricular activities, field trips and any other experiences that all children are provided.

Who Needs an IEP?

Any child between the ages of 3 and 17 who has a disability requiring special education services should have an IEP. Child can qualify for an IEP for a variety of disabilities include learning disabilities, behavioral disorders, speech and language disorders, developmental delays, and many health conditions. If your child is behind their same age peers academically or has a diagnosis of a disability and difficulties with learning or the school environment, they may qualify.

As a precaution, just because your child has a disability or needs an IEP, this does not mean you did anything wrong as a parent. In fact, by supporting your child to get the services they need to be successful in school, you are actually advocating for your child and showing that you are a great parent! Only an amazing parent supports their child despite the stigma that society still casts on children and adults with disabilities.

What is included in the IEP document?

Most IEP’s will cover the same basic structure. Each step builds on the previous step and are usually completed in order. Knowing the outline helps to know when to ask your specific questions, but please do ask your questions. Try to worry less about when to ask a question and instead ask questions throughout the entire meeting. If the school representatives do not answer your question, write it down to remember to listen for an answer throughout the meeting. Sometimes one of the school representations will let you know they will answer your question a little later in the meeting.

What is the IEP process?

The IEP process for parents usually begins long before an IEP is written. Every state and public school district has procedures and protocol’s that they need to follow when initiating the process for an initial IEP for a child. These procedures are put into place to protect the children and they ensure that parents understand their family rights under the law.

Parents are an important part of the IEP process. We cannot stress enough just how important you are! You are your child’s greatest advocate. While the school has the joy of working with your child for 6 – 8 hours Monday through Friday for a few years, you are your child’s constant every day of their life. You have known your child since birth (or adoption), you are with your child throughout each day, week, month, year of their life. Parents are involved in their child’s life from birth until long after high school graduation.

So, yes, the school district personnel are experts. Many of them have master’s degrees, but no one in the school understands your child the same way you do. No one at the school is going to advocate for your child with the same passion as you will. You are your child’s biggest supporter, greatest cheerleader, and shoulder to cry on. Never doubt how important you are to the IEP process as a parent.

Pre-Referral for Services

The process towards receiving an IEP usually starts with a pre-referral. These can come in many different ways and each school district may do things a little differently. But there are two main ways that children are referred for services.

1) Parents write a written letter or e-mail to a school district personnel asking for the school to determine if their child qualifies for a special education. This is usually written to your child’s principal or assistant principal of special services. If you have documentation from your child’s doctor, therapist, or service provider, include the documentation with your written letter. While outside documentation is helpful, do know that you do not need documentation from an outside source to begin the process. You written request is enough to start the window of opportunity for the school district to start the IEP process.

2) The school district can initiate the process of referring a child for special education. This can happen in a variety of ways depending on your school district. In many school districts, the district has a team of special education experts that will meet with a teacher who has concerns about a child. The teacher can bring your child up to this team at any time throughout the year.

While a teacher should notify parents that they have concerns about your child, sometimes children do get brought up without parent communication. The team will usually ask the teacher for documentation or data to support the concerns he/she presents to the team. These may include test results, observations, interviews, and any other work samples the teacher has.

Another way that the IEP process can begin is through RtI, Response to Intervention, or the newer acronym of MTSS, multi-tiered system of supports. School districts use district wide assessments to screen students who are testing lower than expected on these assessments. Most of these assessments use national norms, which means that your child’s test score is compared to other same age peers around the country.

Evaluation

Once a referral has been made, the school district has a time frame in which to complete the full evaluation of your child. The IDEA, Individuals with Disability Act, sets a time limit of 60 days. However, each state can set their own time frame. So some states have a shorter time frame, while others have a longer time frame. Some states count calendar days and some states count working days.

The school district personnel will host a meeting to discuss your child. This meeting is usually without the parents present. At this meeting, the school district service providers will discuss which areas and evaluations they would like to use to gather more information about your child. Sometimes schools will decide they have enough information through district assessments (tests) and RtI data, other times the district will want to gather more information.

No evaluations will be completed without parent consent. The district will information you of which areas that would like to assess your child and what assessment instrument (test) they plan to use. You, as the parent or legal guardian, would then need to provide consent for the evaluation. If you do not provide consent, the evaluation and time frame will end. If you provide consent, the district personnel will begin the evaluation. In many states, districts have 15 days from your written request to receive permission for evaluations. Then they have an additional 45 days to complete the evaluations.

However, it is important to note, you can question the assessments the district plans to use. You may request alternative assessments, this request is not a guarantee. If the district adds or changes their planned assessments, that’s amazing. If not, you can seek an outside professional to conduct the assessment and you can submit these reports to the IEP team as documentation to consider when making a determination for eligibility.

Initial Evaluation and Eligibility IEP Meeting

It is important to note that most states have guidelines for school districts. They should send all assessment data that will be discussed at the initial evaluation and eligibility IEP meeting to parents prior to the meeting date, usually at least 3 days before the date of the meeting. This allows parents the opportunity to review the information and consult their own experts in the field.

How Long Does the IEP Meeting Take?

This first meeting will take a little longer than most IEP meetings. Most IEP meetings are between 45 minutes and an hour. Sometimes the IEP meeting is 30 minutes, while other times they can actually be delayed until the next day. There is no set limit on the length of the meeting, instead the length is determined by the topics that must be discussed.

An initial eligibility IEP meeting generally takes double the amount of time as an IEP meeting. These last anywhere from 1 and a half hours to 2 hours usually. However, I have participated in initial eligibility meetings that were as short as 45 minutes and as long as 2.5 hours. These depend on the needs of your child, the number of school district and outside personnel with reports to share, and whether your child qualifies for special education.

If your child qualifies for special education, the meeting will last longer than if your child does not. This is because an IEP document will need to be written for your child if he/she qualifies for special education.

The Eligibility IEP Meeting Process

The meeting will begin with introductions. Then the entire team, including the parents, will share the child’s strengths. Next, the school district personnel will share their individual reports from the assessments you gave permission for them to conduct.

Hopefully, they will break these down into easy to understand language. However, if they forgot, it is a good idea to pause and ask questions. Professionals sometimes forget that parents do not speak their jargon and may not understand some of the terms. This does not mean you are unintelligent, nor does it mean you did anything wrong, it just means that these professionals forgot that they had 4 or more years to learn all this teacher speak.

Once all the evaluations are shared, including outside professionals, then the entire team will determine if your child qualifies for special education. If your child does qualify, the team will need to determine their eligibility. This means that together, you will decide which disability (or category of disabilities) best fits your child. Then the entire team will write an IEP for your child. For more information on the IEP part of the meeting, please check out our Parent’s IEP Meeting Guide. This post will walk you through the entire process.

When is the IEP developed?

The IEP is usually developed at the same meeting as initial eligibility is determined. The team will usually write a draft of the IEP together right after eligibility for special education is determined. The IEP is a draft until you, the parents, give consent for special education services to begin.

On occasion, the school will need to delay the writing of the IEP document. This rarely happens, but if it does, the meeting should be held within the next 30 days to write your child’s IEP so that special education services can begin. No special education services will begin without your consent. However, the district can begin regular education services such as having your child work with a reading or math specialist, as this is something all students have available regardless of special education eligibility.

Who develops the IEP?

The entire IEP team develops the IEP. And yes, this includes the parents and any outside specialists that you bring to the eligibility meeting. For the school district, they will have at least one general education teacher, a local education agency (LEA) – which is often the principal or special education administrator who can make decisions for the school, and the service providers that your child needs to help meet their goals.

There are so many different service providers who could work with your child and their job titles vary by school. However, usually these could include a special education resource teacher, reading or math specialist, speech and language pathologist, occupational therapist, physical therapist, behavior specialist, vision or hearing itinerant, and the school nurse. This list is not exhaustive and so many other professional could be invited.

You will receive a formal invitation to your child’s initial eligibility IEP meeting and to each of your child’s IEP meetings going forward listing the individuals that the school district is inviting. You also can invite other individuals who have special knowledge of your child or their disability to the meetings.

Can students be involved in developing their own IEPs?

Yes, your child can be involved in the development of their own IEP. In fact, most states require that students are involved in the IEP meeting beginning around high school age. Each state may have a different age for this requirement, but it is never a bad a idea to ask the school district if your child can attend the meeting if you feel that would be helpful.

Implementation of the IEP

Once an IEP is written by the IEP team, including parents, the school district will need to begin implementing the IEP and providing the services written within to your child. You are the parents have 10 days, in most states, to think about if you agree with the written IEP and consent to beginning special education services. You may waive your right to those 10 days and ask the school district to begin the services outlined in the IEP sooner, but you do not have to waive your right.

Once an IEP is written and parents have given consent, services should begin as soon as possible, but no later than 30 calendar days after the initial eligibility meeting where your child qualified for special education services.

How Are Services Delivered?

The IEP will actually document this. First, the IEP will have written goals that your child is working on through the year that the IEP is valid. Each goal will specifically state which person is responsible for the goal. Sometimes goals are worked on by more than one service provider, other times only one service provider will work on a specific goal.

Once goals are written, the team will consider special supports that your child needs to access the general education curriculum and participate in school to their fullest extent possible. These are called accommodations and modifications.

Next, the team will discuss the specific services that your child needs to meet their IEP goals. Sometimes services will be “push-in” or “co-taught” services. This means that your child will receive the services inside their regular classroom. The service provider will come to your child’s classroom and work with your child on their regular assessments. For example, the speech pathologist will added your child’s social studies class and work with your child on speech goals while your child is working in a small group in their classroom.

Sometimes services are “pull-out” or outside the general education classroom. This means that you child will go to a different location to receive services. Many times these services are provided in the special education teachers classroom or the service providers office. On occasion they will be provided in a hallway, gym, or outdoors. Any space within school grounds can be used to provided services.

For example, your child’s physical therapist may pick up your child from class and bring your child outside of the classroom to the hallway or their office to work on the specific physical therapy goals on your child’s IEP. This does mean your child will miss class time and may miss an assignment, instruction, or other class work.

How are Parents Notified of Progress

Parents should receive notification of progress towards each of your child’s goals. In most states, the progress towards IEP goals will be reported to parents at least as often as report cards are provided. However, you can request for progress more often. Some special education teachers or related service providers will update parents with progress after each meeting with the child.

The district should let you know, in writing, how your child is progressing towards each of their IEP goals. Sometimes districts will let you know that they are making adequate progress or not making adequate progress. However, many districts will provide evidence to support how your child is doing. This may include specific observations, assessment (test) results, or even formal notes writing by the service provider.

Guiding Principles of IDEA

IDEA is the federal law, which was reauthorized in 2004, which protects students with disabilities in a public school setting. There a few guiding principles from IDEA that are helpful for parents to understand as they navigate the special education process.

1. Free Appropriate Public Education (FAPE) – your child is entitled to a free and appropriate public education that is individualized to meet your child’s specific needs based on your child’s IEP. This means that a school district cannot withhold an education from your child. They can however, request a change of placement for your child. You would need to give consent for any change of placement, or the school district would need to begin mediation if you do not give consent.
2. Least Restrictive Environment (LRE) – your child should be educated alongside their same-age peers without disabilities to the greatest extent possible. This means that as much as possible, your child should be educated in the general education classroom with other children who are the same age and in the same grade both with and without disabilities. Removal from the general education environment should only occur as written on your child’s IEP.
3. Continuum of Placement – while your child should be in the general education classroom as much as possible, there is a continuum of placement services available to your child. Not all children benefit from being in the general education classroom the entire school day. In fact, some children benefit from being outside the general education classroom their entire school day. Some children need to meet with special service providers for some or all of their school day. Some children benefit from a more structured, supportive classroom for most of their day, while others benefit from an entirely different school than the school their neighbors attend. LRE does not guarantee your child placement in the general education classroom, it means that this must be considered for your child when more restrictive placements are considered.
4. The IEP is individualized for your child. All goals, supports, placements, and services should be what your child needs based on your child’s individual strengths and goals. These should not be cookie cutter forms that all students with a specific disability receive.
5. Parent Participation – parents are full and equal participants on their child’s IEP team. Parents work with the school district personnel when making any decisions regarding their child’s IEP and special education services. Parents participate throughout the entire IEP process from referral to eligibility and in each IEP that is written until your child exits special education or graduates high school.

IEP Support for Parents: Your Legal Rights

As parents, you have parental rights throughout this process. There are supports available for you and it is in your best interest to become familiar with them so that you can best advocate for your child. These rights are usually referred to as your procedural safeguards for parents. In most states, the school district is required to offer you your procedural safeguards at least once a year.

Most districts will provide a copy of these procedural safeguards with your child’s IEP or any disciplinary action that leads to removal of your child from the school or leads to a change of placement for your child. However, you can request a copy at any time. We highly suggest making the request in writing to your child’s case manager or any administrator in your child’s building, usually the principal or assistant principal.

Right To Prior Written Notice

The district should provide parents with prior written notice at least 10 days before a proposal or refusal to change the identification, evaluation, education placement or the providing of a free, appropriate public education. You should also be provided with written notice 1 year prior to your child turning 18 because all educational rights usually transfer to your child at the age of 18.

The district also must provide prior written notice, at least 10 days before the meeting, when they have any meeting to discuss your child’s identification, evaluation, eligibility, reevaluation, and education placement of your child.

These means that if the district would like to change your child’s disability they must notify you. When the district would like to evaluate your child with assessments not given to all students, they need to notify you. If the school district wants to change your child’s placement, you should receive notification. If the school district will not longer provide your child a free and appropriate public education, you will be notified. This notification should be in writing from the school district.

The written notice should include what change the district is proposing. The district should explain why they are requesting this change or refusing your request. Also included should be the other options that the district considered and why these options were rejected.

When the district would like to further evaluate your child, the district will let you know which test, procedure, record, or report they plan to use.

You should also receive a statement about your right to due process and how you can receive a copy of your procedural safeguards so you know how to use the right to due process.

Right To Parental Consent

The district must obtain your consent for any initial evaluation of your child to determine eligibility for special education services. They will need your informed consent to begin initial services and placement within special education. The school district will also need your consent to reevaluation your child to continue to receive special education services.

If your school districts plans to bill Medicare or your insurance, they will need your permission. They will also need your consent to release your child’s records to any outside person or agency, this includes outside service providers and medical providers.

While parents do not need your consent to make changes to the IEP, most districts will ask for your consent to begin those changes. If you do not agree, you can exercise your right to due process.

If you do not give consent, the district may choose to continue through mediation or a due process hearing. A hearing office may order the school district to begin an initial evaluation without your consent, but you may appeal the decision. If you do not consent to special education services, the district is not obligated to provide special education services or write an IEP. However, they can chose to continue through mediation as well. Finally, the district can also go through mediation if you do not consent to a reevaluation or begin the reevaluation if you do not respond to their notices.

Right To Parent Participation in Meetings

The school district must provide you a written notice of any meeting relating to your child’s identification, evaluation, eligibility, reevaluation, and education placement of your child. This notice should be provided at least 10 days prior to any such meeting. Most school districts will send out a written notice, at least 10 days in advance, or any meeting regarding your child’s eligibility for special education or your child’s IEP.

This notice should specify the purpose of the meeting. The mutually agreeable time and place of the meeting should be on the notice. In addition, the name of all individuals who will attend the meeting should be clearly stated with their role in the meeting. These means that it is perfectly acceptable to ask a school district to reschedule your child’s IEP meeting if you are unable to attend. You may ask for a Zoom meeting, over the phone, in person meeting at the school, or even a meeting in your home if you are unable to travel outside of your home.

If the district has tried to schedule a meeting with you and is unable to schedule the meeting or you do not respond, the district may hold the meeting with you. However, they need to keep record of the times and methods that they have tried to contact you. These may include phone calls, e-mails, written letters/notices, mailed letters/notices, etc.

You have the right to understand the meeting, which means that the district may need to arrange for an interpreter if your native language is not English.

Other Rights You Have As Parents

You have the right to revoke or take away your consent. You may provide this either orally or in writing. If you take away your consent in conversation, the district will usually provide you a written confirmation within 5 days. Then the district will provide you with a notice stating when special education services will end or they may pursue mediation.

If your child attends private school, you have some rights as well. However, these will vary depending on the private school, unless your child was denied a free and appropriate public education. If this is the case, definitely ask for a copy of your procedural safeguards as you may be rewarded reimbursement of fees.

If your child’s behavior makes his/her learning or the learning of others difficult, your child may have further safeguards put into place. Whenever behavior is an issue, please ask for a copy of the procedural safeguards to ensure that the school district follows the best procedures to protect your child and all the children in the school.

If you disagree with the school district or feel that the school district did not comply with your procedural safeguards, you have the right to mediation, complaint resolution, and due process. There are specific time frames for these, so be sure to grab a copy of your procedural safeguards.

You have the right to request your child’s educational records, however, school districts can charge a small fee to make copies of those records in some states. You also have the right to request that your child’s records are amended if you believe the information is inaccurate or misleading. The school district may refuse your request, but they must provide a reason for their refusal and you may challenge their refusal.

Think Differently About Your Child’s Education

It’s time that we, as parents, think differently about our children’s education. We are partners in our child’s education. We are their greatest advocate. We are their continuity from year to year and school to school. We are our child’s first and last teacher. The school is our partner in education our child because they are the content area experts, but we are the experts with regards to our child. Always remember, you are an important member of your child’s educational team. Ask questions, seek answers, and support your child.

We’d Love to Connect With You

We cannot stress enough what an amazing decision you are making for your child. How do you feel navigating through the referral process towards special education support? Do you have questions about the process or other services available to your child? Please leave us a comment below and let us know what you found most helpful or reassuring and what you wish we included.

Looking for more ways to support your child at home? Subscribe to our newsletter for families for more practical solutions to real-life parenting problems and a few freebies each year too! Still worried about your child’s IEP process, grab our FREE IEP Meeting Checklist for Parents below. Another wonderful resource is our Classroom Request Letter, which will help you to brainstorm specific strengths and areas of need for your child. Looking for help with accommodations and modifications for your child, head over to our Accommodations vs Modifications post. This can be used prior to writing the referral for special education services or any time throughout the process.

Hi, I’m Nicole.

Here at Creatingbutterflies we provide families with practical solutions to real life problems for everything parenting, scouting, dual language, and enjoying time outdoors. We are a family of 6 with 4 wonderful becoming bilingual children who loves scouting, camping, and hiking with their family. Mom is an educator and dad is a firefighter/paramedic.

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