Approach the situation calmly if you receive a telephone call or letter from your child's school inviting you to an IEP meeting. You may be worried about your child and wonder what you should do. First, by law, you are entitled to at least 10-days advance notice of any IEP meeting. You may waive that right, but you are not required to do so. You may waive the 10-day right simply by attending a meeting in fewer than 10 days.
Insist on at least 10 days if you need time to get information or to consider bringing other family or professional participants with you. An IEP team will include teachers and usually parents and then as appropriate, guidance counselors, speech and occupational therapists, other healthcare providers and occasionally other interested parties. You should be able to review tests of your child's achievement level in all academic subjects. Talk with your child about special education.
Waive, or more accurately refuse, the initial IEP evaluation, and the school will have to request a legal hearing. You can refuse to accept any recommendation that does not seem right, such as counseling, a particular class, or special education placement. Most parents welcome special attention to their child's needs. You may always waive your right to attend a regular or special meeting or to participate in evaluation or reevaluation. Whenever you waive something, you should be asked to sign a form for the file.
Expect reevaluation every three years as required by law. In the case of mental retardation, reevaluation is required every two years. All parties can agree to waive reevaluation. In that case, reevaluation is not required for another three years. It is probably in your child's best interest to be reevaluated as often as possible, preferably every year. This can be done without a meeting but you have the right to review any evaluation and all testing.
Ask questions as time goes on about whether your child is really making progress. As you see the results of testing in reading, writing, arithmetic and spelling, you will know whether your child is really making progress toward the goals in the IEP. If there is a dispute, the student must remain in the last properly agreed upon placement. This is known as the "stay-put" rule. Placement may be changed at any time by agreement of the parties.