48 Hour Draft IEP Rule

On October 19, 2018, the state board of education passed on final reading an amendment to Special Education Programs and Services- Parent Participation, Rule 0520-01-09-.15 that requires parents receive a copy of a 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 went into effect March 12, 2019 and updates to TN Pulse have been made to reflect the changes outlined in the memo below.  

When a draft copy is requested, case managers may:

• Email a copy of the draft IEP to the parent and request a "read receipt." Then, enter this delivery information into the contacts section of TNPulse, 

OR

• [Recommended] Print a draft copy of the IEP, the IEP Cover Letter located below, and leave these documents in a sealed envelope in a designated area in the front office for the parent to pick up. When the draft IEP is retrieved, please have the parent sign the Documentation of Receipt document below and upload that to EdPlan. The logistics of this option would need to be agreed upon by your front office staff, 

OR

• Send a draft copy of the IEP and the IEP Cover Letter via certified mail taking into account the amount of time the certified letter will take to reach the parent such that he/she will receive the IEP 48 hours in advance of the meeting. 

Please use the Parent Response document below to request that the parent/guardian indicate his/her preferred method of delivery. This form should be sent and returned with the Invitation to a Meeting document. If it is not returned, it is assumed that the parent is requesting a draft, and one should be made available in a secure location in the front office of your school.  *Note: If you wish to hold the initial eligibility and initial IEP meeting together, you cannot create an IEP Draft in advance of the meeting.  For this reason, we recommend that teams hold the initial eligibility meeting first, and then reconvene to develop the initial IEP within 30 days of the eligibility meeting. 

EdPlan Connect Parent Portal:  CMCSS has purchased an automated way for parents to electronically receive a copy of their child's IEP draft via email as soon as one is generated.  For this to work, the case manager must go into the Parent tab of the IEP Process and ensure that a parent with 'Guardian Responsibility' has a valid email address entered.  The IEP Draft will only be emailed to one parent, so if there is another parent with shared custody who needs a copy of the Draft, the case manager must provide it to them as well.  For more information, see the EdPlan Connect FAQ document below.