According to IDEA, parents are full members of the teams that create their child’s individualized plan for services. So parents are sometimes surprised when other members of the team create a “draft” of the plan before the team has even officially met. What are the problems with using a draft? What are the benefits? Is it legal?
I took a quick look at research, knowledge from experience (others, not mine), and the law to see what I could find out.
BOTTOM LINE:
It is legally permissible to create a draft IEP/IFSP in advance of a planning meeting, and a draft may be helpful for both parents and school personnel. It can outline the issues and provide a starting point for discussions. But, it should be clear that it is a draft and not a final plan. Parents must also have an opportunity to read the draft and prepare comments before discussion. A draft should not be used to limit options or otherwise restrict participation of parents in discussions or decisions regarding their child’s individualized plan. Parents should not be asked to sign an IEP/IFSP that they have not had a chance to examine closely.
RESEARCH:
We didn't find any research on the effect of bringing a draft to a planning meeting on parent participation, satisfaction with the IEP, or impact on the child’s education. But if you know of any related research, let us know.
KNOWLEDGE FROM EXPERIENCE
Real Stories:
We don't have a real story in the Beach Center CoP on this topic--but if you have one, we'd love to hear it.
Tips & Quotes
“A draft IEP, if used correctly, can actually be a tool in writing the IEP. It provides input and ideas to start the ball rolling. It should almost never be taken as is and written into the formal IEP. The important thing here for parents to be aware of is not only should you request a copy of the evaluation report five days prior to the IEP team meeting, you should request a copy of any draft IEP(s) and service provider notes.” (Comment by Stephanie)
Send in your own tips (email or comments), and if we like them, we'll put them in the document.
LAW AND POLICY
Statute and Regulations
IDEA does not discuss bringing a draft to the IEP meeting, but § 1414(d)(1)(B) includes parents as members of the IEP team and gives the IEP team (and not solely the LEA or the Parent) the authority to create the Individualized Education Program for the student (§ 1414(d)). The IEP team must, in creating the IEP, consider the concerns of the parents for the education of their child (§1414(d)(3)(A)(ii)). IDEA also requires parents to be members of any group that makes decisions on the educational placement of their child (§ 1414(e)). After the annual meeting has been held, the parent and school may agree to amend or change the IEP without convening an IEP meeting (§1414(d)(3)(D)). Link to § 1414.
Official Guidance
“With respect to a draft IEP, we encourage public agency staff to come to an IEP Team meeting prepared to discuss evaluation findings and preliminary recommendations. Likewise, parents have the right to bring questions, concerns, and preliminary recommendations to the IEP Team meeting as part of a full discussion of the child’s needs and the services to be provided to meet those needs. We do not encourage public agencies to prepare a draft IEP prior to the IEP Team meeting, particularly if doing so would inhibit a full discussion of the child’s needs. However, if a public agency develops a draft IEP prior to the IEP Team meeting, the agency should make it clear to the parents at the outset of the meeting that the services proposed by the agency are preliminary recommendations for review and discussion with the parents. The public agency also should provide the parents with a copy of its draft proposals, if the agency has developed them, prior to the IEP Team meeting so as to give the parents an opportunity to review the recommendations of the public agency prior to the IEP Team meeting, and be better able to engage in a full discussion of the proposals for the IEP. It is not permissible for an agency to have the final IEP completed before an IEP Team meeting begins.” (Vol. 71, No. 156, FR 46678)
Court Decisions
If parents are given a meaningful opportunity to participate as members of the IEP team and in the IEP formulation process, the development of assessment reports or even drafts of an IEP by the school prior to the IEP meeting will generally not violate IDEA (N.L. v. Knox County Sch.
**If you want to help us fill any gaps in this post--great. I've heard parents talk about being given a draft (and being upset by it), but I don't have any stories and few comments. Post a reply or email me if you want to share your own story, experience, or research on the issue.**
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