Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press
 Home > Ask the Advocate > Can the IEP Team Prepare a "Draft IEP" Before an IEP Meeting? by Pat Howey

The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:

 

2015 Training Programs

Jan 16 - School District, LA

Jan 24 - Corpus Christi, TX

Jan 24 - Pensacola, FL

Jan 31 - Champaign, IL

Feb 19 - Lincroft, NJ

Feb 24 - Knoxville, TN

Feb 26 - Memphis, TN

Full Schedule

Be a Hero ...

 Jason at Ft. Benning
... to a Hero
Learn more

Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Consultations
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Books & DVDs
Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Articles
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Summer School Series
Success Stories
Tips

Law Library

Articles
Caselaw
IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
FERPA
Section 504
Fed Court Complaints

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention (Part C)
Eligibility
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
ISEA
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE/Inclusion
Mediation
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based Instruction
Response to Intervention (RTI)
Restraints/Abuse
Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

Can the IEP Team Prepare a "Draft IEP" Before an IEP Meeting?
by Pat Howey

Print this page

IDEA 2004 discourages the use of “draft IEPs” because they send a message that parental concerns and parental participation are not valued.
Adults at IEP meeting

Many parents object to draft IEPs because the IEP team does not make it clear that the IEP is a “draft.” When parents are presented with a “draft IEP,” many assume that the school members of the IEP team do not value their concerns and input about their child. IEP meetings are often too short to address the parents' concerns.

Under these circumstances, it is not surprising that parents feel that the IEP team is denying them the opportunity to fully participate in the IEP process for their child.

Parents and school personnel need to share important information before the IEP meeting. This information may include draft IEPs, evaluations, and written reports prepared by the parents.

If the IEP team chooses to use a draft IEP, the team must ensure that the parents understand that the document is a draft, and is not set in stone.

If the IEP team uses a draft IEP, they should provide a copy of the draft document to the parents well in advance of the IEP meeting. The parents must have enough time to give careful consideration to the recommendations in the draft IEP.

The parent should provide the school with a list of their concerns and questions before the IEP meeting so the school members of the team are prepared to address these concerns and questions.

Sharing information leads to healthier working relationships between parents and school personnel -- and better IEPs for the children.

Guidance from the Commentary to the IDEA 2004 Regulations

When the Education Department published the IDEA 2004 special education regulations, they included an Analysis of Comments and Changes ("Commentary") with the regulations.

In the Commentary, terms, definitions, and requirements are described in clear language. When you read a regulation, these comments will help you understand why the Department used specific language. The Commentary will help you understand the different perspectives and interpretations that can be made about a regulation.

The Commentary was published in the Federal Register, Volume 71, pages 46540-46845. To download the full text of the commentary, go to the IDEA 2004 Commentary page.

To make this information more accessible, we divided the large document into 15 files on different topics (i.e., evaluations, IEPs, ESY, etc). You can download the Commentary about IEPs from  http://www.wrightslaw.com/idea/comment/46661-46688.reg.320-328.ieps.pdf

Commentary: 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. 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." (FR 46678)

More IDEA 2004 & IEP Resources

IDEA 2004: What You Need to Know About Functional Goals in IEPS - Pat Howey answers questions about functional goals in IEPs. The IDEA 2004 statute and federal regulations include specific requirements about using present levels of functional performance to develop functional goals in the IEPs for all children with disabilities. Pat also teaches you how to find answers to your questions in references that are available on Wrightslaw.

IDEA 2004: What You Need to Know About IEPs for Children with Behavior Problems - IDEA 2004 and the special education regulations include specific requirements for IEPs of children whose behavior impedes their learning or the learning of other children, including training teachers to use positive behavioral interventions and strategies.

IDEA 2004: IEPs, Highly Qualified Teachers & Research Based Instruction
Learn about new language in IDEA 2004 that is designed to ensure that children with disabilities are taught by highly qualified teachers and receive research based instruction. This article includes new requirements for personnel training, IEPs, and scientifically based instruction.

IDEA 2004: Roadmap to the IEP - How did IEPs change under IDEA 2004? What does the law say about developing, reviewing and revising IEPs? Who may be excused from IEP meetings, when, how? When can the child's IEP be changed without an IEP meeting? What services must be provided when a child transfers to a district in the same state? A different state? What are “multi-year IEPs”?

IDEA 2004: What You Need to Know About IEP Team Members & IEP Team Attendance -
Learn about IEP team members and IEP team attendance, when team members may be excused from a meeting, and what parents and the school district must do before a team member may be excused.

Contact Information
Pat Howey
Special Education Consulting
POB 117
West Point, Indiana 47992-0117
Website: patriciahowey.com
Email: specialedconsulting@gmail.com


Created: 03/12/2007
Revised: 03/27/2012


To Top






Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

 

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

 

Copyright 1998-2014, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map

What's New!

Now Shipping!

Wrightslaw: All About Tests and Assessments
About the Book

Check it out!

Wrightslaw Store

The Advocate's Store

Get Help!

Blog the Wrightslaw

Wrightslaw on Facebook

Find us on Facebook

Wrightslaw Books

Student Discounts

Military Discounts


Wrightslaw: All About IEPs

About the Book
To Order

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book
To Order


About the Book

To Order


Surviving Due Process: Stephen Jeffers v. School Board

About the DVD Video
To Order


To Order


Wrightslaw: No Child Left Behind

About the Book
To Order

Wrightslaw Multimedia Training


Understanding Your Child's
Test Scores (1.5 hrs)

Understanding Your Child's Test Scores

Learn More
To Order
Retail Price: $
24.95
Wrightslaw Special: $14.95

Special Education Law & Advocacy Training
(6.5 hrs)


Wrightslaw WebEx Special Education Law & Training Program (6.5 hrs)


Learn More
To Order
Retail Price: $99.95
Wrightslaw Special: $49.95