Parents’ rights in an IEP meeting are often glossed over. Why is that? Parents are important members of the IEP team, but sometimes we are not made to feel that way. There are many things parents need to know when advocating for their children with special needs: knowing your rights and exercising them makes a huge difference. A few key items are listed below.
First, if it is not in writing, it never happened. That conversation you had with the principal where you asked to have your child tested for services to assist their education? There is no documentation and the principal may deny that the conversation happened. After you have a conversation with school personnel, send that individual an email—copying at least one other person at the school—as this will create a paper trail that starts legally-mandated timelines. This paper trail holds the school accountable for providing services and gives you documentation if the school tries to back out of agreements.
Second, you have the ability to and should record all IEP meetings. It can feel a little uncomfortable to say that you will be recording the meeting. It can feel as though you are being adversarial. What we have found: recording the meeting makes it run more smoothly. Districts often respond more carefully when they know they are being recorded. The recording gives parents a record of exactly what was said in case they need or want to review it later.
You must tell the district you will be recording the meeting a minimum of 24 hours before the meeting. Naturally, we recommend doing this via email to at least two people on the IEP team. Recording is one of the most important parents’ rights in an IEP.
Third, at the beginning of an IEP, always ask if anyone has time restrictions. Families frequently will be in the middle of an IEP, are finally starting to get meaningful goals into place, and suddenly someone announces, “I have to leave now” which ends the meeting. Knowing when anyone needs to leave will allow you to prioritize what you wish to accomplish during the meeting.
Fourth, you do not have to sign the entire IEP. You can sign that you were in attendance for the IEP meeting. You have to sign separately if you agree with the IEP and want the district to implement it. If you sign for attendance only, that IEP is on hold.
Fifth, you do not have to choose one of the district’s pre-determined boxes when approving the IEP. You can draw your own box on that spot, check it, and hand write next to it what you are approving. For example, you might approve qualifying criteria, and speech services only, and resume discussions at the next IEP meeting.
As parents, we understand. As advocates, we can help.
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