In accordance with the Annotated Code of Maryland, Education Article, §8-405, “at least five-business days before a scheduled IEP team meeting or other multidisciplinary education team meeting, school systems must provide parents/guardians with an accessible copy of each assessment, report, data chart, draft IEP, or other document(s) the team plans to discuss at the meeting.” A business day is defined as any day that MCPS is open even if schools are closed.
This requirement, also known as the “five-day rule” or the “five-day documents,” requires school staff members (the case manager, the IEP chairperson, or any other designated special education school staff member in each school building) to gather such information, which could include teacher reports, teacher referrals, and/or assessments, in advance of the meeting from other school staff members. The documents that are gathered should be documents that will be used or discussed during the IEP meeting.
Even if the parent/guardian has provided the school with copies of documents, such as private assessments, this information should be included with the five-day documents.
To properly facilitate any IEP team meeting, an agenda may be created which includes a welcome/introductions of all IEP team members, a statement of the purpose of the meeting, and each topic to be discussed during the IEP team meeting. If there is a specific time frame that the meeting has been scheduled for, then the IEP chairperson should clearly indicate the time frame at the beginning of the meeting. If the parents/guardians have submitted input in advance of the IEP team meeting, the topics should be included in the agenda to ensure that they are considered and discussed during the meeting. It may be helpful to set ground rules/expectations for all IEP team members. Copies of the agenda must be included in the five-day documents.
IEP teams are encouraged to have a written agenda for IEP meetings, which may include a welcome/introductions of all IEP team members, a statement of the purpose of the meeting, and each topic to be discussed during the IEP team meeting. If there is a specific time frame that the meeting has been scheduled for, then the IEP chairperson should clearly indicate the time frame at the beginning of the meeting.
If the parents/guardians have submitted input in advance of the IEP team meeting, the topics should be included in the agenda to ensure that they are considered and discussed during the meeting. It may be helpful to set ground rules/expectations for all IEP team members. Copies of the agenda must be included in the five-day documents.
In accordance with the Annotated Code of Maryland, Education Article, §8-405, "Not later than 5 business days after a scheduled meeting of the individualized education program team or other multidisciplinary team for a child with a disability, appropriate school personnel shall provide the parents of the child with a copy of the completed individualized education program. If the individualized education program has not been completed by the 5th business day after the meeting, the parents shall be provided with the draft copy of the individualized education program."
The student’s IEP shall not be implemented until the five-day documents have been provided to the parent, which should include a copy of the completed IEP, the PWN from the IEP meeting indicating actions that have been proposed or rejected by the IEP team, and any other documents discussed and/or completed at or after the meeting.
The IEP must be implemented as soon as possible after the IEP team meeting unless school is not in session or the child is not in the ESY program. In the case of students transitioning from Part C to Part B, the IEP will be implemented on the student’s third birthday. Originals of all meeting documents shall be included in the student’s confidential file. See MCPS Regulation JOA-RA, Student Records.
If the parent/guardian has questions after receiving a copy of the final IEP, then the IEP team will schedule an IEP team meeting to discuss the parent’s/guardian’s concerns. The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings at a meeting including arranging for an interpreter for a parent/guardian with deafness or whose native language is other than English.