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The IEP Process: Insights from a Special Education Attorney

“Your child has autism.” These words mark the beginning of a complex and often overwhelming journey for many parents. For me, they were not only a call to understand my son Josiah’s unique needs but also a call to navigate the intricate world of special education (SPED) law. As both a parent of an autistic child with co-morbid conditions and learning disabilities and a SPED attorney, I have a unique perspective on the IEP process. These are the valuable lessons I have learned that have significantly benefited Josiah’s education.

Understanding the IEP Process

An IEP is a legally binding document tailored to meet the specific educational needs of autistic children. It outlines goals, accommodations, and services the school will provide. The journey begins with assessments and meetings involving educators, specialists, and, crucially, you—the parent. Your active participation and advocacy are essential from the start. 

Lessons Learned from the IEP Process

The biggest lesson: personalization and flexibility: The most impactful lesson I learned from the IEP process was the profound benefit of a personalized and flexible approach. Every autistic child has unique strengths and challenges, and their educational plans should reflect this individuality.

Necessity of advocacy: We must be strong advocates for our children. Schools have resources, but ensuring those resources are tailored to your child’s needs requires persistence and clear communication. I recall an IEP meeting where Josiah’s need for speech therapy was grossly underestimated. Instead of identifying his need for speech therapy according to his disabilities, the school had erroneously determined that Josiah was an English language learner (ELL) and had placed him in ELL classes in lieu of SPED services. By presenting detailed observations and reports from an external speech therapist, establishing his native English language speaking status, and identifying his needs according to his communication and speech language deficits, I successfully advocated for increased speech therapy services, which made a significant difference in Josiah’s communication skills and access to the educational environment.

Effective preparation: Thorough preparation for IEP meetings is a must. This involves gathering all relevant documents, assessments, and reports and distributing them to the IEP team. Also, understanding your child’s rights under the Individuals with Disabilities Education Act (IDEA) can empower you to advocate more effectively. This includes being aware that you can (and should) record all IEP-related meetings. (Be aware of what the notice requirements for recording IEP meetings are in your state as they vary.) So much is discussed during these meetings that it is imperative that they be recorded to understand how the team reached decisions in developing a student’s IEP.

Before each IEP meeting, I would request updated data and information from the school members of the IEP team and compile a comprehensive digital folder of Josiah’s recent work, progress reports, and notes from therapists. I would then provide the link to these documents to school team members and request confirmation that they had received and reviewed the documents. This preparation allowed me to present a well-rounded picture of Josiah’s needs, facilitating more productive discussions.

There were meetings in which the school team members had failed to review these documents. For example, in one such meeting, I was able to leverage the school’s lack of preparation to draw greater focus to the need, which was reading, and ultimately Josiah received more support and compensatory services for the delay in providing him adequate reading services.

Building collaborative relationships: Building collaborative relationships with educators and specialists is vital. Approach the IEP process as a partnership. Effective communication and mutual respect can lead to more meaningful and actionable plans. Throughout his education, Josiah’s needs made him a target for bullying. His teachers and I maintained regular email updates and monthly meetings. This consistent communication helped us promptly address the bullying and adopt strategies that resulted in a more supportive and safe learning environment. When there was disagreement between me and the school members, we were able to request updated assessments and/or independent educational evaluations and rely on that data to resolve the dispute. We disagreed without being disagreeable. This is not to say that there was never any tension, but that due to the foundation of collaboration, issues were resolved to Josiah’s benefit. 

Tailored goals: Setting specific, achievable goals tailored to your child’s abilities can lead to remarkable progress. The first step is to identify your child’s needs according to their disabilities and then ensure there are appropriate goals and services for each area of need. Also, instead of broad objectives, develop measurable and discrete goals. 

For example, rather than a broad goal stating that Josiah would improve his social skills, we developed goals that tracked specific improvements in social interaction through structured group activities. One such goal stated: “Josiah will demonstrate appropriate pragmatic language skills and will contribute on-topic comments to conversations and discussions in group settings on three out of four opportunities measured biweekly.” This goal had short-term objectives:  

  • “Self-monitoring: Josiah will self-monitor to ensure he is making appropriate and on-topic comments during class discussions by making no more than three inappropriate comments in all academic classes as measured bi-weekly (inappropriate comments are defined as off-topic or rude)”  
  • “Identification: Josiah will be able to identify inappropriate comments and what makes them inappropriate when working in contrived settings on three out of four opportunities measured quarterly.”  

This targeted approach helped Josiah make progress and gain confidence.

Adaptability: An effective IEP is not static. It requires flexibility and a willingness to adapt based on your child’s evolving needs and progress. Regular reviews and updates ensure that the IEP remains relevant and effective. For example, at mid-year, we held IEP team meetings to review data related to Josiah’s academic and functional performance and adjusted his goals, accommodations, and services as necessary.

Practical Tips for Parents

Prepare for IEP meetings: 

  • Gather all relevant documents and reports. 
  • Prepare a list of questions and concerns. 
  • Review the current IEP and progress reports.

Stay informed: 

  • Keep updated on special education laws and resources. 
  • Attend workshops and join support groups. Connecting with other parents, advocacy organizations, and support groups can provide valuable insights and emotional support.

Navigating the IEP process is a journey filled with challenges and triumphs. By advocating for your child, collaborating with educators, and embracing a personalized approach, you can create a supportive and effective educational plan. Remember, your efforts can make a profound difference in your child’s education and overall well-being. Share your experiences, support each other, and continue to learn and adapt. Together, we can ensure our autistic children receive the education they deserve. 


Grace Eunjung Kim is the principal attorney at The Law Office of Grace E. Kim, P.C., specializing in special education and education law. Since 2002, she has advocated for children with disabilities, motivated by her experience as a mother of a child on the autism spectrum. She transitioned from working in faith-based organizations to law, earning her J.D. from George Mason School of Law. She lectures on special education law, co-founded Partners in Promise, and is an Air Force spouse. She lives in Virginia with her husband, Air Force Chaplain Col. Joshua Kim, and their children, Karis and Josiah.

The post The IEP Process: Insights from a Special Education Attorney first appeared on Organization for Autism Research.

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