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I have a question about the recent poll results about draft IEPs.
Can you cite any federal statute or regulation to this effect? While I wish this were so, I believe the correct answer is "Yes, because it's just a draft for discussion and -- [possibly] efficiency."
Answers to Questions in the Commentary
Judges often cite the Commentary in their decisions. For example in K.L. v. Mercer Island School District (W.D. WA 2006), the Judge cited the Commentary to the IDEA 97 regulations to support the position that methodology is an issue that needs to be addressed in the IEP.
We published the Commentary to the IDEA 2004 regulations in one large file and as several smaller files at:
Here is what the Commentary says about draft IEPs:
"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.
"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. (FR 46678)"
You can read this text in page 46678 of the Federal Register which you can download from:
We hope this is helpful and answers your questions.