Parent Participation Includes the Right to Receive a Copy of School’s Proposed IEP

The IDEA’s federal regulations and Virginia’s regulations implementing the IDEA require that the school division must provide the parent with a copy of the school’s proposed IEP – at no cost to the parent.

The federal regulations do not identify when the school division must provide this document to the parent. Virginia’s regulation is more specific. In Virginia, the school division must give the parent the provided IEP within “a reasonable period of time after the IEP meeting, not to exceed 10 calendar days.” 8 VAC 20-81-110(E)(8) (emphasis added).

Virginia Department of Education (“VDOE”) guidance explains that a school’s delay beyond the required deadline impedes parental participation. In addition, the school’s non-compliance may constitute “deprivation of educational benefit,” thereby entitling the student to compensatory education services. Parents may seek redress for this commonly occurring non-compliance by filing a State Complaint with VDOE.

Among Belkowitz Law, PLLC’s recently filed State Complaints, VDOE held Fairfax County Public Schools and Henrico County Public Schools in non-compliance for violating this requirement.