Nothing on this page is intended as personal legal advice. For legal questions, it is important to consult an attorney in your own community.

About IEPs by Melissa Lackman, Esq.

I am getting ready for what may be our last IEP (Individualized Educational Plan) meeting this week. Over the years, there have
been many, sometimes several in a difficult school year.

Did you know that if your child has a disability, you have a right to have your child evaluated by your local public school and receive information and recommendations for educational accommodations? This is true even if your child is currently homeschooled or enrolled in a private school.  This right begins at age three! Now that the traditional school year is well under way, you may wish to consider seeking that evaluation, if you have not already done so.

It is important to make your request in writing.  A written request triggers legal duties by the school and they must comply within a certain number of days of the request.  I recommend hand delivering the letter to the principal’s office and mailing a copy to the school district.  Here is a sample:

(Date)

To: Principal

Local Public School

Re: Child’s name and date of birth

Dear Principal:

I am writing to request a complete educational evaluation of my child, (Name) and an Individualized Education Plan. (Name) has been diagnosed with (disability) and I believe has educational needs related to that disability.

Sincerely,

Parent

Address

Phone

Cc: School District Disability Department Head

The school will contact you to obtain written consent for specific testing and will administer the tests.  You are entitled to a copy of every test result.  After testing is complete, the school will contact you for an eligibility meeting. You are a part of the team, which together decides if the child is eligible for services and makes recommendations.  If the team does not find eligibility for special education services based on the testing done, there still may be accommodations that should be offered to enable the child to receive the benefit of his education.  If your team finds your child eligible for services, you move to development of the IEP.

Special Education Services can include speech and language services and occupational therapy, special education classes, and transportation.

To prepare for an IEP, I usually prepare a written statement about the strengths and weaknesses of my child, and where I believe his greatest needs are at the time of the meeting.  Sometimes I prepare the statement but decide not to use it. I am liberal with thank you notes and expressions of appreciation. I have found that I have been treated respectfully because I know my child’s rights, am not afraid to ask for what he needs, but never treat the school staff disrespectfully.

An excellent resource for information about your child’s educational rights is www.wrightslaw.com. I strongly recommend reading the articles there to obtain more complete information.

Melissa Lackman is a member of the California Bar, not currently in active practice. She is married to Vernon, a physician, and is privileged to be the mother of three children.

Contact: Melissa@chosenfamilies.org