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.”