Results-Driven Pittsburgh Attorney

Lack of Notice Could be a FAPE Violation

Whenever an IEP is scheduled, as the parent or caregiver, you should receive notice of this meeting. If the school is following appropriate rules and/or best practices, the notice would be formally provided in writing. It may be a formal invitation, such as an Invitation to Participate in an IEP Meeting, or it may be an email. Nonetheless, sometimes parents receive notice of an IEP meeting the day before or a few days before the proposed day and time. Why is the time frame so important? Parents have a legal right to engage in meaningful participation in an IEP meeting. If parents/caregivers don't have enough notice, they may not be able to attend, due to work constraints, or if they attend they may not be able to actively participate in the meeting. They haven't had enough time to prepare for the meeting. "Meaningful participation" is a legal requirement in both federal and state regulations (no matter your state) so make sure you have enough notice to prepare for the IEP meeting. If the school doesn't provide enough time, request a rescheduling of the meeting.