The IEP Meeting Pathway: Walking through Early Identification and the Special Education Process

One thing that I know is that the special education process is long and confusing! Several of my friends joke about how thick their binders are when they carry them into IEP meetings for their children. The small nugget to take away here though is to keep detailed records. The special education journey is a marathon, not a sprint. Conditions change quickly whether it be your child’s growth, staff changes, or adjustments to the curriculum. We have to be informed parents who are aware of our child’s needs and rights to services, with the documentation to back up our requests.

So what things should you save and add to a binder or digital files? I save every assessment report even if it is from a private therapist or provider. Progress reports, student work samples, relevant medical information or diagnoses, and research on your child’s unique wiring are strong additions to your records. Think about what will help me get more services and support for my child. Then, keep those things.

These can be very helpful in applying healthy pressure on the IEP team to provide a certain service or intervention for your child. When you come in with your own data from private practice or reputable academic research, it can be very influential. And yes, you can bring in outside research to support your claims or requests. I bringing out research from the National Institute of Health (NIH or NIMH, for mental health) to insist that a child is entitled to certain testing or services. When you bring out academic research to support your ask for more speech services, it is very difficult for the school to say no. And one more tip, if any request you make is denied or they deny services or interventions, say “Will you provide us with prior written notice on that decision with research support?” Then, the IEP team will have to formally deny your child services or interventions in writing and explain why. Just asking for prior written notice or (PWN) can suddenly change the conversation to “Let’s pursue testing or evaluation for _____ (insert your given request).”

Now that we understand the power of record keeping and using that documentation to get results, let’s look at early identification in the special education process.

Every child’s journey with extra needs is different and children can be identified as having challenges at different ages. Some children show signs early by missing those developmental milestones like walking and talking as toddlers. Other children’s behaviors are more subtle and aren’t noticed until they start carrying more responsibility and independence in middle or high school. Regardless of when your child shows signs of struggling, seek a medical provider's guidance and ask for educational support at school. As parents, we are our children’s first teachers and experts in how they experience the world. Our job is to notice the challenges and provide the best support possible.

So, if your child is experiencing difficulties in early childhood, reach out to a developmental pediatrician. They will put you in contact with local support resources like county government-based infants and toddlers programs. Programs like this will often provide speech and physical therapy for free in the child’s home. Start investigating what services are available in your community to support your child’s developmental journey. When you agree to these local government-based services, they develop an IFSP or Individualized Family Service Plan for your child. Since the child is so young the document is focused on setting the family up with the support needed for the child to learn and acquire missing skills.

When your child is ready to enter pre-kindergarten, contact the child find office at your local board of education. Share that your child has a suspected or confirmed disability and this will start the IEP process.

If you haven’t already, start keeping data on your child. All of the things we mentioned that you should save in a binder or in digital form should be happening now. Go back and see if there is any documentation you have saved from previous years also. The key is to enter the first IEP meeting prepared and confident that you understand your child’s unique needs and behaviors.

The first meeting in the IEP process is the screening meeting. The purpose is for the IEP team to review data to decide whether or not your child has a suspected disability according to the Individuals with Disabilities Education Act and whether or not the school will pursue the required testing to find out for sure.

The screening meeting is important because it is your opportunity to make a strong first impression. You are representing your child and if you aren’t knowledgeable about the IEP process and what your child needs, then you won’t be taken very seriously. Subconsciously, if you show up unprepared, confused, or treating it as anything less than a professional business meeting, the staff won’t see you as a parent they need to watch out for. And we want them to watch out for us. We want school staff to make sure our child gets their services even if time is constrained. The systems in place are overwhelmed and we have to advocate to make sure our children get access to the services that will help them succeed. When their caseloads are overwhelmed and they need to cut some students’ speech services, we want them to skip over your child because they know you will hold them accountable for any missed time. The screening meeting is the first opportunity to start building a relationship of respect and also holding school employees responsible for cutting corners or not providing adequate supports. We will get more into the delicate balance of creating collaborative relationships and asking tough questions that keep school staff on their toes while respecting each other in future episodes.

So back to the purpose of the screening meeting, to determine if your child needs educational, psychological, or developmental testing. If the IEP team (side note: including you also as a vital part) decides to pursue testing, then assessments will be scheduled and a follow-up meeting will happen within 60 days.

After the 60 days, you can expect to attend the next meeting in the IEP process, the eligibility meeting. As the parent, bring any student work samples, research, and private testing data that you may have to support desired services and qualifications under IDEA.

Never leave home for an IEP meeting without all of your data and information. Not only does it show impressive credibility as a knowledgeable parent, but a piece of information in your files could be the key to your child receiving a service or support that your child needs.

The school staff will review the assessments conducted and provide recommendations on whether to write an IEP for the child or not. I don’t mean to be cynical here friends, but I’ve seen children who need IEP’s get denied in the pipeline many times. We can respect the school employees but we aren’t going to trust them with the power for all of our children’s educational decisions. Remember, you are the head of the IEP team. You have a lot of power, especially when you know the law and when to enforce it. Know the IEP process, know special education law, and be ready to speak up and advocate for your child. You’re the expert on your child and how they are uniquely wired. When you combine advocacy knowledge and the understanding of your child’s unique needs, you will be unstoppable. You will be able to create custom solutions to your child’s educational challenges. Knowledge is power and we have to equip ourselves to be successful.

So, if you feel that the assessment results are inaccurate or do not demonstrate an accurate reflection of your child’s abilities, then you can request an IEE or an Independent Education Evaluation. The IEE requires the school district to pay for a third party to evaluate your child at their expense. Yes, if you dispute the school’s findings, they will have to pay for outside testing at no cost to you. Remember, knowing these rules inside the special education system gives your child protection and options for access.

When the IEP team agrees that your child needs an IEP, we move onto the IEP draft meeting. I need to pause us right here. There are occasions when an IEP team will slide you a pre-written draft and ask you to sign it right there at the eligibility meeting in an effort of “convenience or saving you time.” Yes, I’m doing air quotes. Whatever, you do, don’t sign that generic draft! Insist on your right to the IEP draft meeting to occur within 30 days. Your child deserves a customized education plan with modifications and accommodations that match how they are uniquely wired.

At my first IEP meeting for Luke, the school staff had no idea that I was a former teacher and current advocate. They just knew me as Luke’s mom. When one of the staff members said “Here is an IEP to sign for Luke and we can get the ball rolling now.” I thought to myself, “Yea, you’re funny!” Did this joker really think I would sign a document for my child that I had not even read? Don’t trust that everything you ask for will be in the IEP, go back and proofread it before signing. I’ve had instances where we have decided on actions at the IEP table and they didn’t make it into the document. When I sent an email to remind the IEP team that a particular service was given to Luke and it wasn’t included in the IEP, then they added it right away. Never forget, if it is not written in the IEP, then it didn’t happen. Don’t let anyone tell you “Oh, it’s fine, I added it to the meeting notes” because those aren’t legally binding. The legal document that gives you the most protection is the IEP. Always go over this document with a fine tooth comb.

So, I politely told the IEP team, I would like to exercise my right to an IEP draft meeting within 30 days. I would also like to take this draft to my private speech therapist to consult on the proposed goals, services, accommodations, and modifications so we can co-author this document for Luke. If you have a private support team, always ask them to consult on your child’s IEP. They will catch things you may not see that are specific to their subject matter expertise like speech, physical therapy, or occupational therapy.

Another tip to be taken seriously by the IEP team is to carry your notes in a notebook and leave it open on the table as you speak. Let them see you referring back to it and making additional notes. The IEP team at my son’s school asks me now “Is there anything else you want to discuss in your notes?” because I bring that same butterfly notebook to every meeting. Sometimes, they seem a little anxious as they watch me write. Maybe they’re wondering, “What is she writing down?” Now, you are sending the message that you are informed, involved, and documenting what is happening.

Ok, back to the IEP meeting pathway. Let’s say the 30 days has passed, you’ve consulted with private service providers, and it’s draft time. At the draft meeting, have all of your data and records with you. If you have recommendations from outside professionals share them. Request to add accommodations or modifications to what has been proposed by the school. I find that this section which is the supplemental aides and services area of the IEP document needs the most review and customization. Your job here as the parent is to add details, request supports, and provide evidence or research to bolster or strengthen your child’s IEP. You can help write accommodations, modifications, goals, and objectives. You are a co-author of this IEP document. If anyone at the table tries to prevent you from being a co-author, remind them that they are blocking your legal right to participate as an equal member of the IEP team. I’m sure they will back off a bit after that.

I hope that the IEP team is eager to collaborate and bolster your child’s IEP with you. But, be mindful that each person at that table has different interests in addition to educating your child. The general education teacher may not mention that the special educator has not met your child’s service hours for fear of tension in the workplace. Or,

the principal may feel pressure about not having adequate resources and may therefore hold back or refuse to approve services. Another tip, legally the IEP team cannot deny your child a service or support based on lack of funds. I’ll link to a great article from Understood.org in the show notes that shares “10 Smart Responses for when the School Cuts or Denies Services. All of the responses are supported by special education law so you will have very strong comebacks that will be difficult to counter. Many members of the IEP team feel handcuffed in some way by the rules in place, politics within the school or district, lack of resources, or inadequate staffing. The goal is to balance your communication with respect while also holding them responsible. You want to get the team talking, sharing information, and opening up to collaboration instead of siloing off on their own. Often, the IEP team does not communicate as fluidly as they should about student needs.

Busy schedules and overwhelmed caseloads don’t help but conflict with parents is one of the triggers that can shut down any hope of healthy problem-solving and decision-making. So, we want to be intentional and patient with these relationships. We don’t want any doors to be closed with ourselves and our children on the outside.

Back to the draft. After reading the draft IEP thoroughly, consulting your private therapy providers, and making some notes about what accommodations and modifications you would like to see in the IEP, bring all of this information to the IEP meeting. Allow the IEP team to walk you through each section of the draft. Speak up and contribute the information you have and anything you would like to add as an author of the IEP. Pay particular attention to the supplementary aides and services section because that is where most of your child’s needs will be met.

As the meeting comes to a close, request that they send you the revised draft including your additions to the IEP for you to review. Then, take a couple of days to review the changes and sign it when you’re ready. If you are not comfortable with the changes or draft at this point, share that with the team, and don’t sign the document. You can proceed on your own or hire an advocate to help smooth out the process. Never sign the IEP unless you’re confident in what is being provided.

Assuming you sign the draft, it begins to take effect immediately. Your child will begin receiving their supports in the classroom, speech services, reading interventions, or whatever the IEP team decided on in the last meeting. It’s important to know that the IEP is a legally binding document and the school staff are responsible for providing all of the educational support documented. IEPs are also fluid documents that can be updated anytime. Also, you have the ability as the parent to call an IEP meeting at any point. If your child isn’t meeting goals by the end of the second quarter, you could call an IEP meeting to see if more supports are needed, if different strategies should be implemented, or if the goals should be modified. If certain behaviors arise, it may be beneficial to call an IEP meeting to create a behavior plan.

If there are any obstacles impacting your child’s academic experience or daily functioning call an IEP meeting. If things are going smoothly and no adjustments are needed to the IEP, then the next meeting is the annual review.

The annual review meeting is used to review all testing data, student progress, and other relevant information to update the IEP for the following school year. This will happen each school year as long as your child has an active IEP. For the annual review, you will collect all of the same types of information and research you did for the IEP draft. This meeting will be important in making any adjustments needed to the IEP based on their current educational and developmental performance. Bring any new information from private services or academic research to support your child’s needs. As our children learn and grow, new strengths and needs may emerge. Our job at the annual review is to keep up with their changing development and make sure the supports in place are still effective. If not, we need to adjust the IEP and possibly add or introduce different services or supports.

When a child is doing well with supports that are in place, fight to keep them. If services and supports are working they should be continued. Sometimes, schools will try to remove supports because a child is showing improvement but that is exactly why the services, accommodations, and modifications should stay in place.

The school may determine if your child qualifies for Extended School Year (ESY) services at this meeting. If your child is eligible, they will receive summer educational support like speech therapy or academic programs in the local public schools at no cost to you. ESY is designed to continue special education support so there is no summer loss of learning or acquired skills. If your IEP team has not mentioned ESY, ask if your child qualifies.

The last stage in the IEP meeting pathway is the re-evaluation meeting which occurs every three years. At this meeting, your child is reassessed to determine if they are still eligible for an IEP. Your preparation is the same as the previous IEP meetings. Bring all relevant data and academic research to support your child’s current educational performance. If the IEP team tries to remove any support or service make sure that the data confirms that this is a helpful decision for your child. The IEP team may say that a support or the IEP itself is only required if your child’s condition impacts their education. Pay close attention to the word “education” in this context. Legally, it means much more than sitting at a desk doing classwork. A child’s education may be impacted by anything happening on school grounds and also, factors that inhibit a child’s ability to focus on school work like lack of sleep due to their disability. The IEP should ensure that your child has an equitable educational experience. We acknowledge that they may not be starting at the same place as their peers and changes must be made to adjust the imbalances to allow access to FAPE. Keep equity in mind as you continue advocating for your child at the triannual re-evaluation meeting. Ask yourself, “Does this plan adjust the imbalances to give my child appropriate access to learning, socialization, and the educational experience?”

So, you’ve made it through the entire IEP meeting pathway! If you’re starting this journey with a younger child, this three-year cycle may repeat a few times in your child’s educational journey. Stay prepared, resourced, and resilient. If you have any questions about the content shared today, contact me via my website sparkeducationadvocacy.org. I would love to hear from you about your unique experience in special education.

Until next time,

Ash