5 Things to Know Before That First IEP Meeting
Getting the right help for understanding the IEP process can be daunting at first. When parents begin to explore special education for their child, they often report feelings of having their concerns diminished and of being intimidated by the complexity of procedures and paperwork.
Understanding your legal rights from the get-go can make a world of difference, even if it’s just starting out with a few tips that level the playing field between your knowledge as a parent and the school’s expertise as an education provider. For those families navigating special education in Maryland for the first time or who find themselves needing help with IEP meetings, here are five things to keep in mind as you prepare for meaningful participation in the IEP process.
Parents often find themselves intimidated when starting the IEP process, but having a sense of your basic rights can even the playing field.
Meetings must be held at a time and place that is mutually convenient for parents and the school, and parents must receive ample notification of the meeting.
In Maryland, ample notification is 10 calendar days before the meeting takes place, and if the proposed date and time don’t work for you, the law gives you the right to request a time that suits you. You may also request to call in to the meeting or attend virtually.
MD law requires that you get a copy of any documentation that will be discussed at the IEP meeting at least 5 business days beforehand. What qualifies as meaningful documentation? To quote MD Educ Code § 8-405 (2017): “each assessment, report, data chart(s), draft Individualized Education Program (IEP), or other documents the IEP team or other multidisciplinary education team plans to discuss”.
Broadly, the initial IEP process in Maryland has three parts: Referral → Assessment → Activation of the IEP. Though different districts call these procedures different things, you can expect them to happen in this order. The kind of paperwork you receive prior to a Referral Meeting should be formal and informal data–like grades, results of district assessments, attendance data, and so forth. Assessment Meeting documentation will be hefty as it includes all formal reports. Before the IEP Activation Meeting, you’ll receive a draft of the IEP document itself.
You might want to audio record your IEP meeting, especially if you’re encountering hassle in seeking support for your child. “Hassle” includes things such as illogical push-back and gas-lighting, passing the buck, having to follow up multiple times about requests for help, arbitrary meeting date delays, etc.
Hassle behaviors before a meeting often continue during and after meetings, but an audio record prevents “your word against mine” situations and can be transcribed later on for a paper trail. When helping prepare for an IEP, some advocates warn that a request to audio record immediately puts the school on defense; at Beacon, we generally advise parents to request an audio record if they start to feel like they don’t completely understand or agree with the school’s recommendations.
Maryland guidance requires districts to either allow participants to audio record the meeting or produce a district-specific policy that says otherwise. We have not yet come across a Maryland school district that does not permit recording, but if you’ve encountered this, please let us know in the comments so that we can better help prepare you for an IEP. Some districts request as much as 72 hours’ notice of your intention to record, and the school will likely record on their own device as well.
Except for the Participants’ page that documents your attendance and participation in your child’s IEP meeting, you are not required to sign anything at or during the IEP Meeting. As special education advocates we typically advise people to take a completed copy of the IEP draft home after the meeting and read over it with a fine-tooth comb before consenting to services.
In Maryland, services can not begin for the first time until you sign your consent, which gives parents a lot of power when getting that final IEP draft just right. Take the IEP home, read it over, and ask any follow-up questions in writing before you sign the Consent page.
In terms of who you can bring to the meeting with you, you have the right to:
--invite other individuals to attend : we ALWAYS recommend bringing someone from your support system who lends objectivity and bears witness to your interpretation; make sure to give a courtesy 72-hours’ notice, and let the school know who you’re bringing
--have your child attend if they are 14 years or older or you feel are mature enough to sit in on their own IEP meeting; it is totally fine to have your child attend for a part of the IEP meeting — even a meaningful 5 minutes — and it is fine that you request when your child be escorted in and out if it’s during the school day
--have an interpreter present at the meeting if you are deaf or hard of hearing or if your native language is other than English. You also have the right to receive a written copy of your child’s IEP in your native language.
Understanding your basic rights is key to participating in the development of your child’s IEP with confidence. Remember: no one understands your child better than you; familiarizing yourself with your rights while preparing for the IEP process will empower you to be your child’s best advocate.
