About a month ago, I wrote a post titled “What I Want Parents to Know About IEPs.” In that post, I focused more on the parent’s role in the IEP process than on the process itself. Today, I want to take a closer look at how that process works.
Special education laws vary from state to state. In this post, I’m writing specifically about the Individuals with Disabilities Education Act (IDEA) (federal law) and 603 Code of Massachusetts Regulations (CMR) 28.00 (Massachusetts special education law).
This post is based on my advocacy training, personal experience as a parent, and professional experience as an advocate. I’m sharing information and perspective—not legal advice—and parents should always check their own state regulations and seek professional guidance when needed.
But first—how do you get an IEP for your child?
There are two ways: either the school requests an evaluation, or the parent does. Once a parent signs consent allowing the school to evaluate the student, Massachusetts regulations require the district to complete evaluation assessments within 30 school working days and to convene a Team meeting within 45 school working days.
(Note: Under IDEA, the federal timeline for completing an initial evaluation is 60 calendar days unless a state has established a different timeline. Because timelines vary by state, parents should consult their state’s special education regulations or seek guidance from a trained education advocate or attorney.)
Who attends the Team meeting?
Parents or guardians will receive an invitation to the Team meeting, typically by email or mail. If the proposed date does not work, you may contact the school to request a reschedule. I would avoid doing this too many times, however, as this is often one of your first interactions with the Team. Repeated rescheduling can sometimes create the impression that a family is difficult to work with.
It’s also important to note that if a meeting is rescheduled, it may fall outside the required 45-day timeline. In that case, you may be asked to acknowledge that the timeline was extended at your request.
By Massachusetts state law, required Team members include a general education teacher, a special education teacher, someone who can interpret the evaluation results, a representative who is authorized to make decisions on behalf of the district, and—of course—the parents or guardians.
Parents have the right to receive copies of the evaluation reports at least two school working days before the meeting, but they need to request them. This request should be made in writing and ideally about a week before the meeting. I usually email the request, but you can also drop off a written request at the school. If you do, ask the person who receives the document to initial and date it, and provide you with a copy.
The written request doesn’t need to be anything fancy. It can be as simple as this:
Email
Subject: Request for Evaluation Reports
Dear (Team contact person),
I would like to request to receive (student’s first and last name)’s evaluation reports on dd/mm/yyyy, which is two school working days before my student’s IEP meeting. Please let me know when these documents will be ready for pickup.
Thank you,
(Parent’s name)
Requesting the evaluation reports allows parents to review them ahead of time and write down any questions they may have. These reports give the Team a clearer picture of a child’s strengths and areas of weakness.
Different evaluations may show that a child is above average, average, low average, high average, borderline or delayed, or has a significant weakness or deficiency. These documents can be tough for parents to read, as they may highlight areas where a child struggles. However, if the school is not aware of those needs, they cannot be addressed.
Preparing for the meeting
Parents should be aware that Team meetings are often overwhelming, especially if you’re attending one for the first time. I always recommend that parents bring a notebook and take notes. If the other parent is unavailable or cannot attend, consider bringing a friend, grandparent, or another trusted person. What you’re really bringing is a second set of ears, which will hopefully catch information you may miss.
Parents should also bring a list of questions and concerns they have for their child. There is a section of the IEP document that specifically lists parent and student concerns, so it helps to be prepared.
So far, we’ve addressed the process up to the meeting.
The day of the meeting
The day of the meeting arrives, and you head to the school. Many schools in Massachusetts have a double-entry security system, and visitors must be buzzed into a vestibule. Once through the first locked door, you’ll speak with the person at the security booth and be asked your reason for being there. State that you have an IEP meeting, and you will likely be asked for the student’s name. The second door will then unlock, allowing you to enter the school.
You will need to sign in and will then be given a guest pass. After the meeting, you’ll need to sign out before leaving.
Some schools allow parents to enter the meeting room right away, while others wait until the school-based Team members have assembled.
Once the meeting has started, the Team chair will introduce themselves, state their role, and pass around a sign-in sheet. Everyone at the table will then introduce themselves, state their role, and sign in.
Parents will also be given a copy of the Parents’ Notice of Procedural Safeguards for special education. Massachusetts schools are required to provide this document to parents once a year.
Parents should read the notice and keep a copy for future reference.
The document can be found here:
https://www.doe.mass.edu/specialeducation/families/prb/
Next, the evaluation reports are reviewed. Typically, the Team chair or evaluator will provide copies. If they do not, you should ask for one.
As the reports are reviewed, parents should have the opportunity to ask questions. If questions aren’t invited, it’s okay to politely interrupt or to jot them down and ask later. If you don’t understand something, ask for clarification. The meeting is your opportunity to understand both the evaluation results and the IEP process.
Because these meetings can be overwhelming, many parents find that questions come later—often after the meeting is over, and sometimes at 3 a.m. You always have the option of emailing the Team chair or the special education teacher, depending on the question. If the question is classroom-related, I usually email the classroom teacher or the special education teacher. If there is a Team member you’re more comfortable contacting, reach out to them. Parents should never hesitate to ask for clarification.
The meeting may occur in a slightly different order than the one described here.
Since COVID, many school districts have offered virtual meetings. Some parents love the virtual format, while others struggle with it. Personally, I find virtual meetings difficult. I have trouble remembering who is who and what role each person plays in my student’s education.
In a virtual meeting, the icons representing each Team member often reorganize every time someone speaks—or even makes a noise. In that environment, I find it extremely difficult to keep track of who is who, so I often prefer to attend meetings in person. Do what works best for you and your student. And if the format you prefer isn’t offered, you can certainly request it.
One last quick note
Under IDEA and Massachusetts state law, schools are required to provide IEP meetings and relevant documents in a parent’s native language or preferred form of communication. The district must provide a qualified interpreter or translator so parents can fully participate.
If English is not your native language and an interpreter is not present at the meeting, parents should end the meeting and ask to reschedule it for a later date when an interpreter is available. This also applies to parents who are deaf or hard of hearing.
If a parent cannot understand what is being said at the meeting or cannot read the IEP and other relevant documents, it is unlikely that they will be able to participate meaningfully. Both IDEA and Massachusetts state law protect a parent’s right to meaningful participation in the IEP process.
Eligibility determination
Once the evaluation reports are reviewed, the Team discusses eligibility. This decision is typically guided by a flowchart that looks at whether the child has a qualifying disability, whether the child is making effective progress, and whether special education is needed to support that progress.
The answers to these questions determine whether or not the student is eligible for an IEP.
If the student is found not eligible for special education, the Team will ask whether the parent is satisfied with the evaluation results. If the parent is not satisfied, the Team will discuss available options. The meeting then concludes. Parents should request a copy of the meeting notes, which include any notations made during the IEP meeting.
If the student is found eligible, the Team will begin developing an IEP based on the child’s identified needs and the evaluation results.
Some school districts provide parents with a draft IEP. If so, the Team will review the draft and decide—using parent input—what the student needs.
I’m not going to get into the IEP document itself here, as this post is already quite long. I’ll be writing a follow-up post that explains the different sections of the IEP and what they mean.
Thanks for reading. I hope parents find this information useful and that it makes the IEP eligibility process feel a little less overwhelming.
One important thing to remember: everyone at that meeting was nervous during their first IEP meeting at some point. Teachers, administrators, and specialists—such as PTs, OTs, and reading specialists—were all once new to the IEP process, too.
And for whoever needs to hear this: you’ve got this.
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