In order to follow these laws, school districts created the Individualized Education Plan (IEP), a written plan that outlines a student's goals and the specific accommodations, supports, and services the school will provide to help the student succeed.
Some parents feel uncertain or overwhelmed during the IEP process and may not know how to best advocate for their child. Sue Lind, a longtime special education advocate with my local ARC, suggests these top tips for parents taking part in the IEP process:
- Find out in advance who will be at the IEP meeting. Parents, especially those attending their first IEP, often feel overwhelmed or intimidated when they enter a room full of unfamiliar faces.
- Consider bringing someone to support you during the meeting, particularly if many school staff will be present. A support person can help balance the discussion, prevent you from becoming too stressed, remind you to take breaks if necessary, and help you stay focused on the outcomes you want.
- Be familiar with your legal rights. The school should give you a copy of IDEA, and if anything is unclear, contact a special education advocate. If a specific staff member—such as a teacher or social worker—has been difficult to work with, you can request they not attend and suggest meeting with them separately.
- Keep thorough, organized records. Ms. Lind recommends saving everything related to your child’s needs: past IEPs, test scores, medication histories, diagnoses, evaluation reports, daily behavior logs, meeting agendas, and all messages from teachers and school staff. Technology like scanners, flash drives, and tablets make keeping these records much easier. If new testing has been done, ask to see the results before the IEP meeting.Advertisement
- Bring at least the most recent three years of records to the IEP meeting, including the types of documents listed in item 4.
- Go through your child's records and note behavior patterns, since these help both teachers and parents prepare for expected changes. Discussions about difficult behavior can derail an IEP meeting; detailed records let a parent show that a change in behavior is temporary. If the meeting happens during a behavioral low point, documentation that the dip is short-lived can keep the discussion from focusing only on behavior.
Ms. Lind has noticed that children often get sick in late fall, and when they are sick their behavior frequently worsens. Because this period often coincides with the end of a grading quarter, a temporary drop in behavior or schoolwork can become the main topic at a conference or IEP if it is scheduled then. Parents can ask to reschedule the IEP or use records to show that behavior and academic performance improve once the seasonal illness passes.
She also notes a pattern of behavior problems in January each year. Post-holiday financial stress that affects many families can increase parental stress, which in turn influences children’s behavior. Ms. Lind believes this dip is especially common in children on the Autism Spectrum Disorder (ASD) because they may struggle to adjust after the long holiday break and are sensitive to household stress. She has also observed that behavior and performance often improve in March and April, around the time families receive income tax refunds. - Focus on your child's abilities, not only their preferences. Be able to point out both academic talents and social skills — for example, how they take turns or start and finish conversations, tell stories, and manage disappointment, conflicts, or changes to routines or surroundings.
- Before the IEP meeting, list the issues you want to raise and any changes you hope to see. Once the meeting starts it’s easy to lose track or get diverted, so having notes helps you stay on topic.
- Set out your goals for your child before attending the IEP. Note your child’s current level, the academic and social outcomes you want, and what you expect from the meeting, including both short-term and long-term objectives.
- Try not to assume the meeting will be confrontational. In most cases, educators and school staff are trying to find ways to support your child’s learning and social development.
Advocates such as Ms. Lind can be found through your local ARC and other non-profit organizations. Although my practice focuses on special needs planning, Ms. Lind attended my daughter's IEP with me and provided steadfast support so I could participate as a parent and advocate instead of as an attorney. With her help she neutralized a difficult individual and we put together an effective plan that has grown as my daughter has achieved more.
- by Michele P. Fuller -
Michele P. Fuller practices Special Needs and Elder Law in Sterling Heights, Michigan. She serves on the Board of Directors of the Academy of Special Needs Planners and also holds membership in the National Academy of Elder Law Attorneys and the Elder Law and Disability Rights Section of the State Bar of Michigan. She regularly writes and speaks about topics in special needs planning and Elder Law.
Sue Lind serves as the Quality Assurance Coordinator for ARC of Macomb, based in Macomb County, Michigan. She earned a Master of Science in Special Education and spent 12 years teaching special education. She also works as a special education advocate for multiple clients.
We offer this material as a public service and it should not be taken as legal advice. Please seek legal counsel from a qualified Elder Law attorney for specific guidance. To locate an attorney in your area, visit the NAELA Member Directory.
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