IEP Drafts in Advance is not a legal requirement

🔑 What IDEA Actually Says (and Doesn’t Say)

IDEA does NOT require schools to create or send a draft IEP at all.So technically, a school can say, “We don’t send drafts,” and still be compliant with federal law.

However…

⚖️ What IDEA DOES Require

Even though drafts aren’t mandated, IDEA does require that parents have a meaningful opportunity to participate in the IEP process.

That comes from:

34 CFR §300.322 – Parent Participation
34 CFR §300.324 – Development, review, and revision of the IEP

If a parent cannot reasonably review information before the meeting, that can interfere with meaningful participation.

🟡 Best Practice (Widely Accepted)

While not federal law, best practice is:

Draft IEPs are shared 2–5 school days before the meeting
Especially when the IEP includes new goals, placement changes, service changes, or behavior plans

Many districts follow this because:

It reduces conflict
It shortens meetings
It protects the district from procedural violations

🟢 State Laws Matter (This Is Where It Changes)

Some states DO require drafts or evaluation reports in advance.

Examples:

California: If a parent requests it, assessment reports must be provided at least 2 business days before the meeting
Other states (like NY, NJ, MA) often require advance sharing of evaluation data, not necessarily the IEP draft itself

👉 So the answer can change depending on the state.

🚩 When It Becomes a Problem

It may rise to a procedural violation if:

The school refuses to share a draft and
Introduces complex changes for the first time during the meeting and
Pressures the parent to agree or sign

That combination can deny meaningful participation.

✍🏽 What Parents Can Say (Script)

Here’s a compliant, firm script parents can use:

“While I understand IDEA does not require a draft IEP, I am requesting any proposed goals, services, or placement changes in advance so I can meaningfully participate in the meeting as required under 34 CFR §300.322. If that is not possible, I am requesting the meeting be rescheduled.”

That language matters.

Bottom Line