Q & A: When Will I Receive the IEP in the Mail?

Question: How long after my child's annual IEP meeting does the school district have to send me the proposed IEP ?

Answer: Parents are often surprised to learn that federal laws and regulations do not contain a deadline if the IEP team met to review or revise an IEP. (But note: If the IEP meeting was an eligibility meeting, federal regulations do provide a deadline - parents must receive the IEP 60 calendar days after the District received consent to evaluate UNLESS the state imposes a shorter timeframe. In Massachusetts the deadline is 45 school days after the consent to evaluate.)

In Massachusetts, Districts may take no more than two calendar weeks to prepare the complete IEP for the parent's signature. This two week requirement is permitted as long as the District provided the parents with a summary of decisions and agreements reached during the Team meeting. This summary must include: (a) a completed IEP service delivery grid describing the types and amounts of special education and/or related services proposed by the district, and (b) a statement of the major goal areas associated with these services. Source: Memorandum on the Implementation of 603 CMR 28.05(7): Parent response to proposed IEP and proposed placement.

If you live in Massachusetts and have more questions about your child's IEP, contact the special education attorneys at Wong & Boscarine.