“But drafts aren’t legally required to be sent home.” As a long-time special education teacher and administrator, this is a common phrase I have heard over and over again. Providers are pushed to the max with teaching, paperwork, administering assessments, and handling extra assigned roles from lunch and recess supervision to truancy filings – so having all paperwork drafted and ready to go a few days before a meeting, and then also remembering to send it home to a guardian, can feel like an unnecessary and additional barrier especially when it’s not technically the law. Or is it?
My gentle reminder to our hardworking and taxed special education providers is that yes, while providing a guardian the drafts prior to a meeting is not explicitly written into the law, meaningful parent participation is legally required – and this procedural requirement is not discretionary. This is why drafts are one of many non-legal matters that can cause legal trouble.
What is the Law?
Under the Individuals with Disabilities Education Act (IDEA), meaningful parent participation is a fundamental procedural requirement. It is essential to involve parents in the decision-making process and ensure that their input is valued and considered. Draft IEPs and Evaluations serve as a valuable tool in facilitating this participation.
When parents receive a draft prior to the meeting, they have the opportunity to review and process the document. This allows them to familiarize themselves with their student’s data and subsequent considerations – from present levels, to the proposed goals, accommodations, and services outlined in the IEP. By having this information in advance of the meeting, parents can come prepared with any questions or concerns they may have. This promotes a more informed and productive discussion during the meeting, and supports effective collaboration between parents and educators.
Meeting the Law
Without a draft in advance, parents may feel unprepared and unable to meaningfully participate in the decision-making process. If the multidisciplinary team is making decisions using a draft document without giving parents a chance to review it beforehand, it can be challenging for parents to provide valuable input or advocate for their child’s needs.
By providing a draft, parents have the time and opportunity to carefully review the proposed plan and consider its implications for their child’s education. This empowers parents to actively engage in the meeting, ask questions, and provide valuable insights based on their knowledge of their child’s strengths and challenges.
Drafts also promote collaboration and transparency between parents and educators. When parents receive a draft, they can collaborate with the multidisciplinary team to make any necessary revisions or adjustments. This collaborative process ensures that the final document reflects the collective input and expertise of all team members.
Additionally, providing a draft demonstrates transparency on the part of the school or district. It shows a commitment to open communication and a willingness to involve parents in the decision-making process. This can help build trust and strengthen the parent-school partnership, ultimately benefiting the student.
Preparation, Not Predetermination
It is also critical to remember that preparation is NOT predetermination. Known areas for contentious discussions or decisions can be intentionally presented in the draft and even the different options you will consider can be included. Ultimately, drafts are to contain recommended services based on the student’s present level of performance data, which the multidisciplinary team can then meaningfully discuss together and make decisions accordingly at the meeting about the proposals.
Conclusion
The big takeaway here is that meaningful parent participation is a fundamental requirement under IDEA, and providing drafts in advance to a guardian achieves this requirement. Many school districts do interpret the law of meaningful parent participation to include sending home drafts in advance of a meeting. However, if the school or district you work for does not have any requirements in place for special education providers regarding sending home drafts in advance of a meeting, I strongly recommend you still adhere to this legally defensible best practice that contributes to the overall success of the special education process.