New Rule About Draft IEPs in Tennessee

On October 19, 2018, the Tennessee state board of education passed a new rule that requires parents receive a copy of their child's draft Individualized Education Program (IEP) at least 48 hours before a scheduled IEP meeting, IF the school or district creates such a draft. Parents may decline their right to receive a copy of the draft IEP if one is developed. This rule will go into effect March 12, 2019.

Here are some frequently asked questions about this new rule:

1. What is a draft IEP? 

A draft IEP is any potential change to a student's IEP that is pre-written prior to the IEP meeting for review. 

2. Is my child's school required to make a draft of the IEP?

No. This rule only applies IF the school or district DOES decide to create a draft of the IEP.

3. If I receive a copy of a draft, will the IEP team be able to make changes to it during the meeting?

Yes, changes can definitely be made during the meeting. All members of the IEP team are encouraged to bring any notes, data, information, etc. that will be helpful for developing the IEP during the team meeting. The draft provided will just be a draft to help prepare.

4. How do I know if my school is making a draft IEP?

When the school starts the IEP process, they will check a box in the computer program they use (EasyIEP) if they plan to make a draft IEP. If that box gets checked, the system will add a section to your parent invitation that lets you know that a draft will be created. That is where you will be able to request or decline a copy of the draft IEP.
 

5. When and how will I get my copy of the draft IEP?

Once you return the IEP invitation and let them know that you would like a copy, you should receive it at least 48 hours (including weekends) before your scheduled IEP meeting. It should be sent to you just like any other confidential information the school sends home, typically in a sealed envelope.

6. Will the draft IEP only be available in English?

If you need the information translated into another language, please make sure you let the school know on the IEP invitation. The draft IEP is required to be sent to you in a language you can understand.

7. Does this rule apply to a behavior intervention plan?

If your child's IEP says that behavior is being addressed through a functional behavior assessment (FBA) or a behavior intervention plan (BIP) and the school is proposing a change to those documents, then YES, they would still need to follow this rule and give you a copy of any drafts created unless you opt out of receiving it.


8. If I am a surrogate or foster parent, will I still get a copy of the draft IEP?

If you have been designated as a surrogate or foster parent according to the state's rules and definitions, then YES you will still be able to receive a copy of the draft IEP.

9. My district said I could waive my rights to this draft. Should I?

Of course you can opt out of receiving the draft if you so choose, but this rule was put into place to help families better prepare for their child's IEP. So if you are offered a draft it would probably be in your best interest to accept it. You should also know that some districts have used that waiving of rights to waive it for an undetermined amount of time, which means you may not be notified about drafts in the future if you opt out. This goes against the spirit of the rule as set by the State Department of Education.

Prior Written Notice

Did you know that your anytime your child's school proposes a change to their services, or your make a request that is denied, you need to receive a letter in writing stating this. This is called Prior Written Notice.

In the state of Tennessee, Prior Written Notice (PWN) is required when your school system proposes, refuses or initiates a change of:

• Evaluation

• Identification (determining a student is eligible)

• Appropriate educational placement

• Free and Appropriate Public Education (FAPE)

Anytime the school says “no” about education, or a change of service is proposed or refused, parents must be provided a completed Prior Written Notice form. If it is NOT provided, ask for it. This is a parental right. 

CLICK HERE to see a sample of a Prior Written Notice form.

Tips for Successful School - Home Communication for Students with Special Needs

As we set off on a new year we’d like to offer some tips for the improving the communication lines between home and school.  The following ideas came from both parents of children who receive special education services as well as special education teachers and support staff. We hope you find them helpful!

 

    1. You can use the student’s IEP or behavior plan to guide you.

As you can see below, my son Ryan’s form is based on his IEP goals plus our personal goals for him and gives me a great snapshot of his day. The front side has a chart with his daily schedule and as he goes to each class the aide, therapist or teacher he visits just fills in a face for his 3 targeted behavior goals to show how he did that day. On the right side they can leave a quick note to tell me what they did in class that day, or if there were any issues that meant he didn’t get a happy face they can explain.

   

2. Make it simple for teachers or support staff to complete.

The staff working with our kids have limited time to write detailed accounts of what has happened during a day for each child. Making the communication sheet simple and fast to complete can be very helpful.  Boxes than can be checked, happy faces that can be filled in, or letters that can be circled are great options.

If you look on the back of my son’s communication form (below), we have two charts for his toileting and eating which is great for our own personal knowledge. While it’s just a quick step for the aid or nurse to circle letters on his bathroom log, it’s a HUGE help to us to see how often he went throughout the day. Circling the letters only takes a couple seconds each time he uses the bathroom.

    3. Consider using a notebook.

Especially as students get older and no longer bring home a folder from school each day like they do in elementary, you might want to consider using a more durable notebook to keep track of their day. Some students will use a calendar style planner that has daily or weekly places to make notes. Other families prefer a spiral notebook where messages can be exchanged. Keeping this in a student’s backpack where both parents and teachers will know where to find it and add comments can be a great way to communicate.

4. Technology is a great option.

Many classrooms have started using apps and website to help facilitate school to home  communication. If your child's teacher hasn't discovered this yet, this is a great time to suggest it! You can check out https://www.classdojo.com/ for an option that is successfully used in many classrooms and see if it might be a good fit for your family.

No matter how you and your child's education partners decide to do it, making communication easy between school and home is beneficial for everyone involved, especially the students. This can help eliminate frustration and confusion and keep everyone on the same page, which leads to greater student success! If you have any other tips or tricks you’ve used to keep the lines of communication open, please share!