The District Said Its IEP Report Will be Late

We like to do our best to avoid the district telling parents that the educational, speech, OT or other report will not be done on time. In this regard, we might have the parent send out a reminder to the IEP team about 45 days before the initial or triennial assessment is to be completed, noting (1) that he is looking forward to working with the team at the upcoming IEP meeting; (2) detailing his areas of concern, making sure to keep track of and journal your concerns for a couple of weeks before writing the letter so you don't leave anything out; (3) requesting an IEP date (if you do not already have one); and (4) indicating that he would like all assessment reports to be provided at least 7 days before the IEP meeting so that he can review and digest the information prior to the meeting.

If he has not heard back from any of the assessors, we might have the parent send a follow-up email two or three weeks later to confirm his request that the reports be provided 7 days prior to the meeting. Oftentimes, an assessor might reply with an I cannot do 7 days but can do 3 days and most parents agree. We ask for 7 days with the hope that they will at least provide the report 2-3 days before the meeting.

When we suspect a report(s) will be late, or if a parent gets a notice that a report will be late, we might suggest the parent send a friendly email confirming their displeasure. For instance, there are times the district notifies a parent that a much-anticipated report will not be done by the IEP date or will be done for part 2 of the IEP. In such situations, we encourage parents to reply with a friendly email with something like: “It is our understanding that all the assessments must be completed by X date and we do not agree to any extensions of time for the completion of any assessment reports. We anxiously await the results of the assessment reports because of our son’s minimal progress over the past year and do not wish to delay creating a new IEP. If we are mistaken as to the district’s obligations as to the timeline for completion of the assessments, please advise immediately.”

While such an email may not always remedy the situation, it is likely the school psychologist or any of the assessors at issue would now prioritize the child as a result of such an email. If the district were to continue to pressure the parents for an extension, some parents might agree to an extension without issue, others would agree for work reasons or to line up their experts, and still others might condition the extension or disagree altogether. No two cases are alike, and parents agree or disagree on extensions for different reasons.

Of course, if you refuse to agree to an extension and the district fails to conduct the assessment and hold the IEP meeting on time, it may be time to consult a lawyer to determine your rights.