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Can I get a draft IEP before the meeting?

By the IEP Atlas editorial teamLast updated

Short answer

You can ask the school for a draft IEP before the meeting, and many schools will share one. Federal rules do not require it, though some states do. A draft is a starting point. It is not final until the team, including you, discusses it at the meeting, and you can suggest changes to any part.

A draft IEP lets you read the plan at your kitchen table instead of for the first time in a room full of staff. That gives you time to understand it, check it against what you see at home, and write down questions. It often changes the tone of the whole meeting.

For what happens at the meeting itself, see the IEP meeting guide.

What the rules say about drafts

Federal rules do not say schools must send a draft before the meeting. They do allow staff to prepare ahead. Work staff do to develop a proposal, or a response to your proposal, is not a meeting you must be invited to.[1] But the decisions belong to the IEP team, and you are part of that team. The team must consider your concerns when it writes the IEP.[2]

Some states require schools to share drafts or certain reports a set number of days before the meeting. Others leave it to the district. Your Parent Training and Information Center can tell you the rule where you live.

A draft is not a final IEP

A draft should be open to change. If the team treats a draft as already decided and will not discuss other options, that can limit your right to take part. The guide on IEP predetermination explains this.

Signs of a healthy draft:

  • It says "draft" on it.
  • Staff say "we are proposing" rather than "this is what will happen."
  • The team asks for your input on each section.
  • Changes you suggest are discussed, even if not all are adopted.

An annotated example: marking up a draft

Here is a made-up goal from the draft IEP for a child named Ruby, in grade 2, with notes her parent wrote in the margin. You can mark up your own draft the same way.

Parent's notes:

  • "Where is Ruby now? I don't see her starting number." (The starting point should be in the present levels. Ask for it.)
  • "Is 70 enough to catch up? What do most grade 2 readers do by May?" (A fair question. Ask how the target was picked.)
  • "Who checks this each week?" (The IEP should say how progress is measured.)

Parent's notes:

  • "Last year was 150. Why less?" (Any cut should be explained with data.)
  • "What time of day? She is pulled from science now and loves science." (Scheduling can often change.)

Bring your marked-up draft to the meeting. You can also email your top questions a day or two before, so staff can bring answers.

How to ask for a draft

Ask in writing when you get the meeting notice. A short example:

If your main language is not English, ask for the draft in your language too. See interpreters and translated IEPs.

Questions to ask the team

You can say these word for word.

  1. "Can you send me the draft IEP a few days before the meeting?"
  2. "Can I get any new evaluation or progress reports at the same time?"
  3. "Where does this goal's starting number come from?"
  4. "How did you choose this target?"
  5. "Why did these service minutes change from last year?"
  6. "I have some changes to suggest. When in the meeting can we talk about them?"
  7. "Will you send me the final version after the meeting?"

What to do next

  1. Ask for the draft in writing as soon as you get the meeting notice.
  2. Read it with a pen. Circle anything unclear. Write questions in the margins.
  3. Compare the goals with your child's last progress report. The guide on how to read a progress report can help.
  4. Write a short parent concerns letter and ask that it be added to the IEP.
  5. Bring the marked-up draft and the IEP meeting checklist for parents.
  6. For free help reading a draft, contact your state's Parent Training and Information Center, found through the Center for Parent Information and Resources.[3]

Frequently asked questions

Does the school have to give me a draft IEP before the meeting?

Federal rules do not require it, but many schools share drafts when asked, and some states require it. Ask in writing a week or more before the meeting.

Is it bad if the school writes a draft before talking to me?

Not by itself. Staff are allowed to prepare a proposal. The problem is when the draft is treated as final and the team will not discuss your ideas at the meeting.

Can I write my own changes on the draft IEP?

Yes. Mark it up, bring it, and ask the team to discuss each change. You can also send your suggestions by email before the meeting.

Use it in IEP Atlas

Sources

  1. 34 CFR §300.501: Opportunity to examine records; parent participation in meetings, U.S. Department of Education (IDEA website)
  2. 34 CFR §300.324: Development, review, and revision of IEP, Legal Information Institute, Cornell Law School
  3. Center for Parent Information and Resources, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.

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