Legally Defensible IEPs for SLPs: Key Components and Requirements

Editor's Note: This text is an edited transcript of the course Legally Defensible IEPs for SLPs: Key Components and Requirements, presented by Marva Mount, MA, CCC-SLP.

Learning Outcomes

After this course, participants will be able to:

• Identify the key components in developing a legally defensible IEP meeting.
• List at least 2 ways to maximize positive outcomes in an IEP meeting.
• Describe at least 2 risks you should avoid with IEP meetings.

Agenda

Our agenda for today includes addressing key components, discussing ways to maximize positive outcomes, and understanding how to avoid risks that may arise in IEP meetings, potentially leading to mediation or due process hearings.

Key Components Of An IEP (Legally Required)

The key components of an IEP are the legal items that must be included and addressed. Many of us, especially those experienced in this field, might feel like we can do this in our sleep. However, instead of getting too comfortable and going with the flow, we need to be very cognizant of our actions in today's world. People have knowledge, experience, and access to the Internet, where they can look things up. Therefore, we need to ensure that we diligently address the required components in an IEP meeting.

To me, the most important component is always the present levels of academic and functional performance (PLAAFP) because it sets the stage for the IEP you will be producing or providing to a family. It tells the story of the student. In part two of this series, we will focus primarily on the PLAAFP statement and all the essential elements to include to ensure it accurately tells the student's story and passes the "stranger test." This means that if anyone picks up the IEP document, they will understand exactly what is happening.

We are fortunate nowadays that we do not have to write out our IEPs by hand. Some of you seasoned professionals might remember the days of writing them out and pressing hard to make sure everyone got a legible copy due to the NCR paper. Now, we have the advantage of online special education programs that provide wonderful documents with convenient drop-down options. We can cut and paste, and use many other helpful features. However, these conveniences can also cause issues. Remember, everything in that document is there for a purpose, often due to past difficulties, which is why these elements are now integrated into the programs.

In addition to those present levels, we want to ensure we have measurable annual goals and objectives. We need to discuss SMART goals, writing them so they are timely, objective, and measurable. They also need to be pertinent to the student's current situation. We can't set the goals without the present levels and a description of how the child's progress and annual goals will be measured. It's essential to communicate to the families what we aim to address and how we will measure it, so we can discuss it as a group during the IEP meeting.

An explanation of special education-related services and supplemental aids and services is also very important. For SLPs, we are sometimes an afterthought in IEPs for students with multiple disabilities. We need to ensure we are not overlooked or forgotten, as it is crucial to provide valuable information to families regarding their children's related services.

We also need to discuss the modifications and supports required at school for our students to participate, advance appropriately, and attain their goals. Additionally, if a child is not going to be participating with non-disabled peers, we must explain why we believe this is not in the best interest of that particular child at this time.

We must consider all non-academic factors as well. For instance, some of our language-impaired or more cognitively challenged students may have reasons why certain extracurricular or non-academic activities might not be safe for them. It is important to discuss the reasons behind these decisions and ensure that all parties are on the same page and moving in the right direction.

And then we have that important page in most IEPs about accommodations and the types of accommodations a student needs based on their identified disabilities, which we discuss in the present level statement. This demonstrates how everything is interconnected. If students are unable to participate in district or state testing, we need to explain why. For speech-impaired only students, we might not always have to worry about these testing issues, but we still need to clarify which assessments they will be taking and the reasons behind those decisions.

Then we have the projected start date, the frequency, location, and duration of those services. One of the great features of online special education programs is that they include fail-safes to ensure we don't overlook these details. However, we must not assume, without discussion during the IEP meeting, that we alone determine the frequency, location, and duration of services. It's important to be mindful that we might have an initial idea and include it in a draft document.

However, we need to take the time to discuss these aspects in the IEP meeting. This ensures that parents feel heard and that the staff agrees with our professional recommendations as licensed and skilled speech-language pathologists.

The present levels of academic achievement and functional performance are crucial. As I mentioned before, this is your story—how you describe where the child has been and their current functioning. Without this comprehensive statement, you lack the foundation needed to progress to the next part of the IEP meeting.

Unfortunately, in my career as an SLP and special education administrator, I've encountered numerous mediation and due process hearings, and most issues stem from insufficient information in the present levels of academic achievement and functional performance. When this section lacks detail, it hinders our ability to determine appropriate goals, necessary accommodations, and the frequency, duration, and accountability required for the SMART goals we create. Without adequate information, we cannot effectively tell the story of the student's needs and progress.

Present Levels of Academic Achievement and Functional Performance

These PLAAFP statements must contain current assessment information, which is the foundation of everything we do. For students who have been receiving services for a while, this information needs to be updated regularly. While we typically evaluate students on a three-year cycle, we cannot rely on outdated assessment data. Information that is a year or more old is not sufficient.

We need clear, up-to-date information, which may require informal assessments or input from classroom teachers regarding the student's current educational performance. All the information we gather for the student must be current, reflecting their present abilities, mastery of goals and objectives, challenges, and how these factors impact their educational placement and environment.

We all know the "I" in IEP stands for individualized. As SLPs, the busier we get and the more responsibilities we take on, which seems to increase daily, the larger our caseloads become. Sometimes, we might fall into a rut where we feel the need to rush through our tasks because we have 16 IEPs this week or 25 this month. This can make it difficult to focus on individualization for each student.

However, it’s crucial to remember that if you've met one speech-language impaired student, you've met one speech-language impaired student. Each case is unique, and no two students are the same. We must keep our focus on the specific needs of each student and avoid cutting corners in the information we provide. Individualization is key to ensuring that each student receives the support and resources they need to succeed.

Outdated, repeated, vague, or inaccurate information in a PLAAFP statement leads to a deficient IEP and a denial of FAPE (Free Appropriate Public Education). This is where we often encounter challenging situations. We face parents who are angry or disappointed, and advocates who assist them. To avoid these issues, we must ensure that our information is neither outdated nor repetitive, and certainly not vague or inaccurate.

Complete and precise information is essential to providing FAPE. A denial of FAPE can have serious consequences, leading to significant hardships on already strained budgets and potentially resulting in legal challenges. Therefore, it is crucial that the information in the IEP is individualized, current, and offers a clear snapshot of the student. It must effectively communicate the student's needs and the support they require to succeed.

Parents and staff need to understand our descriptions of a student's current strengths and the challenges they face. Any confusion over what we're trying to convey in the PLAAFP statement will negatively impact parental participation. We know that behaviors vary in IEP meetings. Some parents come equipped with strong emotional intelligence skills, knowing how to ask questions and discuss matters calmly. However, because their children are their most cherished possessions, parents can become very concerned and confused, leading to a range of behaviors.

Sometimes this frustration is directed at us personally, even though it usually stems from the parents' overall frustration and concern. We can prevent many of these issues by crafting clear and thorough PLAAFP statements and maintaining open communication with parents. It's also important to remember that parents are a critical part of the IEP team. Their input and understanding are vital for the success of the process.

Assessment Data – Foundation of the IEP

When we're discussing assessment data as the foundation of the IEP, it's important to include both formal and informal assessment measures. Federal regulations state that we must have information that's both formally presented and informally obtained. This is a requirement outlined in federal regulations, which also specify that parent information or requests, observational data of the student, and formal assessment measures (such as standardized tests) must be included.

Additionally, informal assessment measures are crucial. These can include benchmarks you use throughout therapy, goals and objectives, progress and mastery information, and insights from teachers. For example, a teacher might note that while a student’s IEP indicates mastery of a skill, they are not seeing this mastery in the classroom. Including such details ensures a well-rounded and objective discussion about the student's progress and future goals in the following annual period of an IEP.

We want all participants in the IEP meeting to feel they can actively contribute and that their input is genuinely valued. It’s essential to create a safe space for direct and specific communication. Although we have extensive training and expertise, we need to communicate in a way that everyone can understand. Most committee members have not undergone the same six years of college and clinical fellowship to become a speech-language pathologist, so some terms may be unfamiliar to them.

Avoid using overly technical terms when possible. If you must use them, provide explanations in your reports and use more common language when speaking face-to-face with IEP participants. Always be aware of the room’s dynamics and ensure that people are following along. If you notice confused body language, take a moment to ask if there are any questions instead of rushing through the material. We often have limited time, but it's crucial to ensure clarity and understanding by looking up from our computers and checking in with the participants.

How Do We Maximize Positive Outcomes?

This is something I've spent a lot of time thinking about in my career as an SLP because I do not always welcome confrontation. I don't like it. It makes me anxious and makes me question my abilities and methods. While this can sometimes be a curse, it can also be a blessing. It forces me to self-reflect, which is always important. It helps me identify areas for improvement.

For example, I might realize that something I did was not effective, so I know not to repeat it. Or I might decide to try a new approach to see if it works better. Even though we might do something a thousand times a year, it's never too late to learn something new or to acknowledge that we could have handled a situation better. By analyzing what happened, taking responsibility for our part, and figuring out how to improve, we continually grow.

One strategy I employ is using data in meaningful and understandable ways. I avoid rattling off irrelevant information or outdated evaluations. Instead, I make comparisons with past data and expand on it in a way that adds value. I explain the data as I go along to ensure everyone understands its significance.

I also ensure my comments are measurable. I avoid saying things like "I think" or "I'm pretty sure." Instead, I present confident, measurable information. I refer to the PLAAFP, goals, and objective data to discuss progress and challenges in a concrete manner.

Also, I objectively detail students' skill levels, not just in speech, but in a way that shows how it translates to the educational environment. Our goal is to ensure students progress academically, so we need to relate speech skills to academic advancement. For instance, if a child struggles with certain speech skills, I explain how this might affect their academic performance. I then ask the teacher to provide additional insights from an academic perspective.

By doing this, we create a comprehensive understanding of the student's needs. It ensures that everyone on the IEP team, including teachers and parents, understands the connection between speech skills and academic performance. This holistic approach helps us work together to support the student's overall growth and success.

Assessment scores without data to support them are very unhelpful. I often wonder what people are thinking when I receive an IEP from another district with only a few scores listed, like a CELF score of 85 or a Test of Language Development score of 60. That information is meaningless without context. I don’t know which questions the student struggled with to get that score of 60. Therefore, don’t get in the habit of just putting in scores without objective, identifiable, and measurable data to support them because that’s not helpful to anyone.

If you report scores, be prepared to include reference information. For instance, if you mention percentiles, explain what those percentiles mean. Clarify what the percentile tells us in comparison to peers of the same age. If your school uses expected scores for a student’s age and grade level, or if you're reviewing previous scores, always explain why.

Be conscious of what you're doing because time is limited in IEP meetings. What you present needs to count. If you're like me, you often have an administrator eyeing the clock, eager to move on. We need to make every minute count before they ask to wrap things up, which happens frequently.

Be prepared to discuss scores and have visuals whenever possible. When discussing any standards or benchmarks, I use visuals to help illustrate my points. If you need examples of visuals, my contact information is on the last slide of my presentation. I’m happy to share my resources because there's no need to reinvent the wheel.

We don’t have time for that. If there’s something I have that you want to use, just let me know. We can discuss it and devise a plan to share.

There are some questions you can ask yourself that can help guide you when reviewing what you’ve written. I can tell you that I haven’t always done this over the years. When I go back to review IEPs I wrote one, two, or three years ago, I sometimes think, “Oh my gosh, did I write that?” It’s a humbling experience. So, I need to ask myself these questions:

If this student moved to a new district, would the team at the new district be able to take my information, synthesize it, understand the student's abilities, and be prepared to continue the student's growth? 

If the answer to that question is no, or if you’re not sure, then you probably need to revamp how you’re putting the pieces of the IEP together. I always ask myself, does this IEP pass the stranger test? The stranger test means that if an SLP picks up the IEP, they should have a positive opinion of me as a professional. More importantly, they should be able to use the information immediately to continue the student’s progress without wasting time.

I hate wasting time because our students are often significantly behind, and every minute counts. We have limited time to see them one-on-one or in small groups, and even less time during classroom observations. A student’s move shouldn’t hinder their progress. The new team should be able to read the IEP, understand it, and be ready to go.

Always ask yourself if the IEP document you’ve completed would pass the stranger test. This question helps keep me on track and ensures that the IEP is clear, comprehensive, and useful to anyone who might need to reference it in the future.

How Do We Ensure a Positive Experience?

People will be people, right? People do "people-y" things. Unless we work entirely alone with no other people present, we’re bound to have some negative experiences with others. We all have bad days, and sometimes everyone seems to have a bad day at the same time. But if we want to have positive experiences with parents, we need to do the legwork to make those experiences positive.

I’ll be the first to admit, as a practicing SLP, I understand how exhausting this job is. We have to pick our battles and deal with many challenges in public schools. It's a tough job, and it often feels like others don't understand the difficulties we face.

Whenever I had the chance to be in an administrative role, I tried to change things for the better. But the reality is, it's a very difficult job. People outside the school system have no idea how challenging it is. They don't realize the extensive knowledge and experience we must bring to the table daily. We handle every situation that comes our way, adhere to state and federal regulations, and manage numerous compliance tasks. Something has to give, and often, we feel we don't have time to ensure positive experiences or build relationships.

However, I’ve found that investing a little time in building relationships over weeks and months, and throughout the school year, leads to smoother IEP meetings and happier participants. When they’re happy, I’m happy. This small investment of time and effort can yield significant benefits.

Some of the things I like to do center around relationship building as a top priority. Solid relationships are at the heart of every student's experience in special education. Why? Because when you have a solid relationship with someone, it's much harder for them to get angry or frustrated with you in a way that causes conflict.

Newcomers to IEPs should understand that parents will get upset with you. They might yell or say things that are not polite or professional. However, you must understand that this behavior is never personal. You are dealing with a child who has challenges, and with parents who are fearful about their child's future and look to the school to fix these problems. Sometimes they might not want to be active participants in solving them, which can be frustrating.

Our first instinct might be to take everything personally, but over time, you develop a thicker skin. You might still feel poorly about negative encounters, but you won’t cry, get upset, or mad as much. Everyone reacts differently—some get sad, some quiet, some angry, and some loud and verbal. Whatever your reaction, solid relationship-building can mitigate these negative experiences. When people understand who you are and what you represent from the first meeting, it sets a positive tone.

From the very first IEP meeting, ensure that parents understand that you want them to be active participants and that you’re there for one reason only: the student. Speech-language pathologists often excel in this area because of their kind hearts and compassion.

I recommend laying everything out from the first IEP meeting through to dismissal. Talk about the goal of dismissal from the start, explaining that the program is designed to provide intensive instruction with the aim of eventual dismissal. This helps parents understand that this is not a lifelong program, but a targeted intervention.

Focusing on needs rather than expectations is also critical. This includes the needs of the student, the parents, and your needs as a speech-language pathologist. Someone once told me, “Marva, don’t expect people to be like you because you’ll be disappointed.” We all bring different social skills, executive functioning skills, and emotional intelligence to the table. Therefore, I don’t expect anything from anyone in these meetings other than participation. I expect everyone to come and participate, but I don’t hold unrealistic expectations about how they should act or react.

I do expect everybody to be personable. Beyond that, I don't have many expectations for the meeting other than ensuring I provide all the necessary information for everyone at the table to understand what John, Sarah, or Mary needs. Focusing on needs rather than expectations is crucial. For example, if parents have expectations like, "I don't want them to be in speech after kindergarten," we need to explain that this may not be a realistic goal. We should redirect the conversation, saying, "Let's do all we can to help them meet their goals by the end of kindergarten, and then we’ll discuss their needs for first grade."

Similarly, if a parent expects their non-speaking child to be talking by next year, we need to be the voice of reason. We should temper those expectations by discussing the process we’ll implement to help the child communicate and function, focusing on realistic and achievable goals.

This approach ensures that the child's needs are the priority and that parents' expectations are acknowledged but managed appropriately. It's about balancing hope with practicality, using great data, thorough PLAAFP statements, and well-constructed goals. 

We have to write goals that are measurable, achievable, relevant, time-bound, and specific. This brings up a common issue: what to do when people at the IEP meeting don’t agree with your goals and objectives, question them, or want you to change them. While there’s a lot to be said about this, I’ll focus on a key point. If your goals are specific, measurable, achievable, relevant, and time-bound, and they align with the PLAAFP statement, you generally shouldn’t feel pressured to change them based on someone else's opinion. However, always be open to listening and considering their input.

If I don’t feel the suggested changes are appropriate based on my knowledge of the child, I typically propose trying the current goals and objectives for a quarter. I explain why I think these goals are important and how they relate to the student's needs. I acknowledge their passion and concerns, but I also need to be clear from a professional standpoint that certain expectations, like a non-speaking child becoming fully verbal in a year, may not be realistic.

Effective communication is crucial. It ties back to building solid relationships. By listening to their concerns and explaining your professional reasoning, you foster understanding and cooperation. This approach ensures that the IEP remains focused on the child's best interests while addressing the concerns of all stakeholders.

I like to embrace creativity. I like to be open-minded and allow out-of-the-box thinking. There are many times when someone says something in these meetings, and I think, "Oh, that's a good point." You have to be open-minded and willing to adapt. For instance, what I’ve prescribed might be great, but if someone brings up a valid point, I’m willing to include it. When a teacher shares an educational perspective, it often gives me a new insight. The expertise of teachers in academics typically trumps mine, so I value their input.

I also appreciate it when everyone knows their role and puts in the time required for success. While we can’t police this, we can model it and involve them as much as possible in conversations, helping them understand the value of their role.

This is particularly important for administrators. They need to understand their critical role in the IEP meeting, which includes overseeing budgets and expenditures and ensuring a cooperative atmosphere. Administrators have a valuable part to play, and their presence is important. Sometimes, challenges arise because not everyone understands or commits to their roles, leading to parental frustration and the involvement of advocates.

The reasoning behind decisions must always be explained and clarified. I don’t like meetings where everyone sits down, the SLP types away, highlights the IEP briefly, and then asks, "Any questions?" This leaves everyone confused. I don’t believe IEPs can be done in ten or fifteen minutes. Even thirty minutes is challenging because of the extensive material to cover. I always take the time to ask for input and explain my reasoning to prevent future challenges.

I welcome all feedback, even if I don’t like it. You have to listen to it, even if you don’t act on or agree with it. That's part of your role in the committee. Committees exist because we need multiple voices, and everyone should have a voice in the process.

Best Way to Maximize Positive Outcomes

Some of the best ways to achieve positive outcomes start with building rapport with parents and caregivers at the very first IEP meeting. I often ask them, "Are you nervous?" If they say yes, I reassure them, "Don’t be nervous. This is a shared space, and we're all here for the betterment of your child. We’re all working toward the same goal—ensuring they have what they need educationally." Engaging in casual conversation while waiting for everyone to arrive helps set a comfortable tone. I want parents to know that, while I am a professional, I am also a human being who genuinely cares about them and their child on a personal level.

Regular communication is key, and I make it a priority to maintain frequent contact with parents. In some school districts, keeping a communication log is required to demonstrate ongoing communication with parents, noting the methods used. This is vital, and if it’s not the most important task we do as speech-language pathologists, it’s certainly among the top five.

Maintaining detailed service records is critical. If your district allows you to input this information into your special education system, that’s great. But even if they don’t, do it anyway. Keep detailed notes that you wouldn’t mind being public or read by a parent. These notes don’t have to be verbose but should include essential details, such as the level of prompting needed and the assistance required for achieving a certain level of accuracy. Avoid vague entries and ensure your records are specific and factual.

Staying current with your documentation is essential because we handle many students and tasks. If you wait until the end of the week, you might forget specific details about what you did with each student. Detailed service records are especially important because they are often the first items requested in cases of conflict, mediation, due process hearings, or legal matters. You’ll have limited time to produce these documents, so keeping up-to-date records is vital for accuracy and accountability.

Critical to Legally Defensible IEPs

First and foremost, we have to adhere to all legal timelines—both federal and state. Federal regulations set certain timelines, and your state of residence will have its own as well. Avoid non-compliant events from occurring. Staying on top of these timelines is crucial. In many due process hearings, school districts are ruled against not necessarily because the hearing officer agrees with the parent on a particular item but because timelines were missed, and districts were not in compliance.

To adhere to these legal timelines, follow both federal and state requirements, even when they conflict. In such cases, go with your state’s guidelines as they govern what's happening in your particular school or district.

As SLPs, we tend to be planners. I’ve never met one who wasn’t. We all have the “got to get it done” mentality. So, plan ahead. I always recommend planning a month in advance, especially during winter if you live in an area prone to bad weather. For instance, one district I worked in missed ten days in a row due to snowfall, which disrupted my IEP calendar and compliance. That experience taught me the importance of planning ahead.

Make sure you're sending out documents as directed and on time, following the timelines for notifying parents and providing required information. Keep track of communication with parents in writing through IEP documents, prior written notices, consent forms, or other means. Document your communications on a daily or weekly basis, especially when preparing for IEP meetings.

People often underestimate the importance of adhering to timelines, thinking it’s not a big deal. However, it can become a significant issue, potentially leading to reports and legal challenges. If you’re in a district where parents are not active participants, this can be particularly challenging. You might face difficulties such as unresponsive parents, disconnected phone numbers, or uncertainty about the family's current residence. Nonetheless, maintaining communication records and adhering to timelines set by state and federal regulations is essential.

Another major issue in IEP meetings is the goals. Goals must be correctly written, following the SMART format, and they must be measurable. We need to keep up with measuring them and reporting on progress as required by federal law. Federal regulations state that we must report student progress in special education as often as those in general education. Ensure you stay current with these progress reports. Don’t skip a reporting period hoping parents won’t notice—it’s not recommended.

IEP Goals Should Always Address

We need to have current student needs based on current assessment so that we can refer to those original standard assessments. This may mean comparing student data to previous information, such as baseline data and post-year data. It's important to include therapy data, progress notes, class grades, teacher input, and parent input in the PLAAFP statement.

You can gather data from various sources, but you need to have it and ensure it is up-to-date by the time it is available to parents.

Avoiding Risks ~ The Sickening Seven

Let's talk about the risks, which I call the "sickening seven," because these are common bones of contention in many of the cases I've been involved in, or in probably 90-plus percent of phone calls I've had with parents complaining about what's happening at their child's school.

Mistake 1: Revolving door IEPs

The number one mistake is revolving door IEPs. What I mean by revolving door is when one person comes in and then leaves, followed by another person coming in and leaving, and so on. I understand how difficult it is to schedule these meetings and get everyone at the same table at the same time, and make them stay there. But when people keep coming in and out, it gives parents the impression that people are not invested in the meeting.

I can certainly see why they have that issue. I'm not talking about situations where the speech pathologist, for example, has 25 sessions in a day due to their large caseload and can't sit in an IEP meeting for two hours. In those cases, it’s understandable if they ask, "Would you all mind if I report early? And if everyone agrees, can I leave so I can continue seeing my students on my caseload?" That's different. I'm talking about when you get two people there, you're waiting on the third and fourth required person, and then the first person leaves just as the third one arrives. Those kinds of situations are problematic.

And I'm also going to say this out loud: administrators need to be in an IEP meeting from start to finish. If the administrator is not available for the entire IEP meeting, they need to appoint someone who can act as the administrator for the entire duration of the meeting. I believe it's a big problem to have an IEP meeting without an administrator present.

Mistake 2: Failing to report what was actually stated at the IEP meeting

Failing to report what was said in a meeting or what was actually stated in a meeting is a big issue. We address this through our minutes or the official account of the IEP meeting. It's not about recording word for word what everyone says—who can do that, and who wants to hear that read back? But we do need to keep an accurate account of what’s happening and what is actually being stated.

Mistake 3: Developing an IEP that doesn’t meet the “stranger test”

Developing an IEP that doesn’t meet the “stranger test” is another challenge. This can be particularly difficult when it's a brand new student and we don't know much about them yet. However, we still need to ensure that the IEP we develop meets the needs of the student.

Mistake 4: Showing up late for an IEP meeting

Showing up late for an IEP meeting is another significant issue. Why do people do this? Right? I’m talking about SLPs because I think we’re always on time, but all the other people—you’ve reminded them 17 times, and ten of those reminders were just this morning between 9:00 and 11:00, and they still come late. Showing up late for an IEP meeting is a pet peeve of mine.

I know parents do it sometimes, and I try to be understanding and forgiving because they have lives, jobs, and responsibilities. They might be coming from work and didn’t anticipate how long it would take to get to the meeting. But for the people already in the building, I never understand why they show up late.

Mistake 5: Showing up for an IEP unprepared

Don’t come unprepared. This is crucial. I always say to my teachers, “Okay, I’m going to expect XYZ from you at this meeting.” I spell out exactly what I want them to be prepared to talk about and what they need to bring with them.

Mistake 6: Scheduling too many IEPs on one day

This is a big problem that we want to avoid. 

Mistake 7: Failing to extend the IEP invitation to all required parties

Failing to extend the IEP invitation to all required parties is another major issue. This often happens with SLPs, especially at the secondary level. It's crucial to make sure that every required participant, including the speech-language pathologist, is invited and aware of the meeting. This ensures that all necessary perspectives and expertise are present to develop a comprehensive and effective IEP for the student.

Best Practices for All IEP Meetings

Let's talk about best practices. And I think we all know what those are.

• Have an agenda but the IEP is not necessarily the agenda. Someone needs to set some ground rules. "This is what we're going to talk about. This is how much time we have to talk about it. This is what we're going to go through."
• Professional tone. I usually ask my administrators, particularly in these more contentious meetings, to remind everybody how they should respond to each other professionally. No yelling, that kind of thing.
• Read an IEP mission statement. I think a lot of school districts have these already prepared.
• Make introduction. Who's there and why they're there.
• Maintain your professional demeanor at all times, including your body language, expressions, and tone of voice. 
• Establish the decision-making process. 
• Give everyone time to speak.
• Ask clarifying questions, even if they're pretty obvious to you, but you think they may not be obvious to someone else.
• Summarize that discussion.
• Provide copies of to the parents while they're there.

Questions and Answers

Do we need to provide the parent with any documentation if someone will be not attending the meeting or not attending the entire time?

This is such a great question.  What I always like to do, if I haven’t given them a heads-up because sometimes I don't have the heads-up, is address it as soon as they come in. I might say something like, "You know what, Mrs. So-and-So only has 30 minutes during her off period to discuss educational information, so we’re going to let her go first and excuse her if that's okay with you, Mr. and Mrs. XYZ." I always prepare for this at the beginning and document it in the IEP.

If I need to excuse myself to attend another meeting on the same day, I call the parents ahead of time. I might say, "Hi, Mr. and Mrs. DeFonzo, I just wanted to give you a heads-up that at the upcoming IEP meeting, I will need to give my information and then leave to attend another meeting. I wanted to let you know ahead of time to make sure you're okay with it." If they say, "No, I’m not okay with that; I want you to stay for the whole thing," then that’s my answer, and I’ll stay.

Should we provide a draft IEP to the parent?

Yes, anytime you can provide a draft, make sure you clearly mark it as a draft so parents don’t assume all decisions have been finalized. Some districts require this, and in some districts, I've been in, it must be provided to the parent seven business days before the meeting. If that’s the timeline your district follows, you must adhere to it as well.

Drafts are always important because parents need time to review and digest the document. For those without a background in special education, the document can be overwhelming, often 38 to 40 pages long. It’s almost like buying your first home—there’s a lot to process.

Do you have any guidance in a diplomatic way to explain to administrators that they need to be present? 

I wish I did. Usually, if I'm new to a school, I schedule a time to talk to the administrator. During that meeting, I explain how my IEPs run and emphasize the importance of their presence. I make sure they understand the potential consequences of not attending these meetings. I find it helpful to take the initiative at the beginning of the year to set these expectations clearly.

References

See handout for a full list of references.