What to Expect at Your Child’s First IEP Meeting

Let’s begin with a brief overview of the law governing special education issues. The Individuals with Disabilities Education Act (“IDEA”) was enacted to ensure that all children with developmental disabilities “receive a free, appropriate, public education,” or FAPE, as it is colloquially known. Pursuant to IDEA, children with developmental disabilities must be provided with the requisite support and tools needed to succeed in an academic setting and beyond. Moreover, IDEA affords your child the opportunity to attend school for three (3) additional years in order to further advance life and job related skills. These additional services are critical for your child’s development and are aimed at fostering independence and a higher quality of life for your child.

The First Steps to the Process

The Domain Review meeting is a meeting attended by the parents and the school’s special education team. At the meeting, the team will discuss the essential “evaluations” that will be utilized to determine what accommodations your child will ultimately need.

At the eligibility meeting, parents can expect the following individuals from your child’s school to attend: your child’s general education teacher, the school’s principal, the school’s nurse, the special education coordinator/administrator, and any other staff members who work regularly with your child. I strongly recommend that you seek guidance from an attorney, experienced in special education matters, to join you at the eligibility meeting in order to ensure a level playing field. In addition, you should also invite any individuals that have been providing services and therapies to your child outside of their school.

At the Individualized Education Program (IEP) meeting, the “team” will discuss the outcomes of the evaluation and assessment, review your child’s IEP with you, and explain the reasons for each accommodation being offered or denied. This can be a difficult part of the meeting for some parents, as this is the time when the evaluator discusses whether or not your child qualifies under IDEA. Alternatively, the evaluator will address whether your child does not qualify for services in accordance with IDEA due to a lack of evidence that your child has a disability. It is important to note that one of the primary purposes of the IEP meeting is to advise parents and staff whether your child qualifies for services under federal law. Often times, these findings lead to disagreements between the parents and the school officials and generally lead to legal action taken by the parent.

If You Do Not Agree with the School’s Assessment of Your Child

It is possible that certain determinations will be made that you do not agree with. If this happens, there are a few avenues available to parents to resolve certain disputes, including: a) agreeing with the school administration’s determination and acquiescing with the school officials’ approach or b) discuss developing a 504 plan for your child. Often times, when school officials and parents/guardians are at an impasse, parents will pursue litigation against the school district in order to press the child’s legal rights to obtain the requisite educational support that they believe the child is entitled to receive. This occurs through mediation and a due process proceeding.

The IEP will be your child’s academic “roadmap” so it is critical that the proper accommodations are set forth in the IEP and fully implemented. Schools are required to review and reevaluate the IEP every year; however, IEP’s will be evaluated more than once a year depending upon the situation.

If you have any questions or would like more information on this subject, please feel free to contact attorney Michael Roth at 847-705-7555 or mroth@lavellelaw.com.