Required IEP Team Members:

IDEA STATUE 34 C.F.R. § 300.321(a)

1. Parent(s) of the child
   
   • The parents are essential participants with equal decision-making authority.
2. At least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment).
   
   • Required to help determine appropriate accommodations and supports.
   • If a regular education teacher IS NOT PRESENT, YOU THE PARENT can cancel the meeting! You have that POWER! 
3. At least one special education teacher, or special education provider of the child.
   
   • Ensures that specialized instruction needs are addressed.
   • If a regular education teacher IS NOT PRESENT, YOU THE PARENT can cancel the meeting! The SPED director DOES NOT fill this roll. 
4. A representative of the public agency (often an administrator) who:
   
   • Is qualified to provide or supervise specially designed instruction,
   • Is knowledgeable about the general curriculum, and
   • Is knowledgeable about the availability of the district’s resources.
5. An individual who can interpret the instructional implications of evaluation results
   
   • May be one of the above members if qualified.
6. Other individuals who have knowledge or special expertise regarding the child, at the discretion of the parent or school.
   
   • Can include related service providers, advocates, or others.
7. The child, whenever appropriate.
   
   • Required to be invited starting no later than the first IEP in which postsecondary goals are discussed (transition planning, beginning not later than age 16, or younger if appropriate) under 34 C.F.R. § 300.321(b)
   • I remember attending 504 meetings twice in high school. It was helpful for me to talk about my struggles with my parents there as a support.

 

Key Citations

• 34 C.F.R. § 300.321 – IEP Team
  https://www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-300/subpart-D/section-300.321
• 20 U.S.C. § 1414(d)(1)(B) – Federal statute outlining the IEP team members.

 

1. Not Following the 504 Plan

• The school agrees to certain accommodations (extra test time, breaks, seating, etc.) but staff don’t actually do them.

• Example: The plan says a student gets tests read aloud, but the teacher hands out silent written tests.

2. Delaying or Denying Evaluation

• The school waits too long or refuses to evaluate a student after a parent requests it, even when there’s clear evidence of a disability affecting learning.

3. Discrimination in Activities

• Not allowing the student to join sports, clubs, or field trips because of their disability or needed accommodations.

4. Lack of Equal Access

• Not providing accessible materials, technology, or physical access (like ramps, elevators, or captioning), making it harder for the student to participate.

5. Retaliation

• Punishing or treating a student/parent differently because they asked for 504 accommodations or filed a complaint.

6. Forcing the Student Into a More Restrictive Setting

• Placing a student in special classes or away from peers without a valid reason tied to their disability needs.

7. Not Involving Parents

• Making major changes to the 504 plan without parent input or without notifying them in advance.

HOW MANY DAYS?

 

It's hard keep track of our children's schedules, and then to add all the SPED deadlines to keep track of- IT'S ALOT! But, in the state of Illinois, it's important to remember:

Once you request an IEP meeting, the SPED department, or administrator in charge, has 10 calendar days to send notice/schedule the IEP meeting. 

Key Points

• The district has 10 calendar days to either:
  
  1. Hold the meeting, or
  2. Send the written notice scheduling the meeting for a future date.
• Once the notice is sent, Illinois still requires at least 10 calendar days’ advance notice before the meeting itself (23 Ill. Admin. Code § 226.220(a)), unless the parent agrees in writing to waive that notice

If you request a meeting:

1. By day 10, they must at least send you the written invitation with the meeting date.
2. The meeting itself will typically be later — often 2–3 weeks after the request — unless you waive the 10-day advance notice to speed things up.
3. State level: In Illinois, failure to comply can be reported to the Illinois State Board of Education (ISBE) Special Education Department via a state complaint.
4. Federal level: The delay could also be considered a denial of FAPE under IDEA if it causes harm to your child’s education.If an Illinois school district doesn’t respond within 10 calendar days to your IEP meeting request, they are violating 23 Ill. Admin. Code § 226.220(d) — and that can be treated as noncompliance with both state and federal special education law.
5. If you request an IEP meeting and the Special Education administrator does not respond promptly to your email, it is recommended that you follow up every other day. This consistent communication creates a clear paper trail and provides documented proof that you made repeated attempts to schedule the meeting. If the 10-day deadline passes without a response, this documentation can serve as evidence of the district’s failure to comply.

Sample Letters. Feel free to copy, paste, edit, and use!

Letter Keeping 10 Day Notice 

Re: Request for IEP Meeting – [Child’s Name], DOB [MM/DD/YYYY]

Dear [Administrator’s Name],

I am formally requesting an IEP Team meeting for my child, [Child’s Name], in accordance with 34 C.F.R. § 300.324(b)(1)(ii)(C) and 23 Ill. Admin. Code § 226.220.

Under 23 Ill. Admin. Code § 226.220(d), when a parent requests an IEP meeting, the district must either convene the meeting or send written notice of the meeting within ten (10) calendar days of the request. Furthermore, 23 Ill. Admin. Code § 226.220(a) requires the district to provide at least ten (10) calendar days’ written notice before the meeting date unless the parent waives this requirement.

For the record, I am not waiving the 10-day advance notice requirement. Please ensure that the meeting is scheduled in compliance with both the scheduling deadline and the notice requirement.

Please confirm the meeting date and time in writing no later than [insert reasonable deadline]. I am available on [list at least three possible dates/times].

Thank you for your attention to this matter. I look forward to working collaboratively to ensure that [Child’s Name] receives the Free Appropriate Public Education guaranteed under IDEA.

 

Sincerely,

[Your Full Name]

Parent of [Child’s Name]

Letter waiving 10 day notice 

Re: Request for IEP Meeting – [Child’s Name], DOB [MM/DD/YYYY]

Dear [Administrator’s Name],

I am formally requesting an IEP Team meeting for my child, [Child’s Name], in accordance with 34 C.F.R. § 300.324(b)(1)(ii)(C) and 23 Ill. Admin. Code § 226.220.

Under 23 Ill. Admin. Code § 226.220(d), when a parent requests an IEP meeting, the district must either convene the meeting or send written notice of the meeting within ten (10) calendar days of the request. Additionally, 23 Ill. Admin. Code § 226.220(a) requires at least ten (10) calendar days’ written notice before the meeting unless the parent agrees otherwise.

To expedite this process, I am waiving the 10-day advance notice requirement in writing so that the meeting can be held as soon as possible. I request that you provide available dates immediately, with the goal of meeting no later than [insert preferred date].

Please confirm the meeting date and time by [insert response deadline, e.g., within 3 business days]. I am available on [list at least three possible dates/times].

Thank you for your prompt attention to this matter. I look forward to working together to ensure that [Child’s Name] receives the services and supports required for a Free Appropriate Public Education under IDEA.

Sincerely,

[Your Full Name]

Parent of [Child’s Name]

 

Letter of Non-Compliance 

Re: Notice of Noncompliance – Failure to Respond to IEP Meeting Request for [Child’s Name], DOB [MM/DD/YYYY]

 

Dear [Administrator’s Name],

On [insert original request date], I submitted a written request for an IEP team meeting for my child, [Child’s Name], in accordance with 34 C.F.R. § 300.324(b)(1)(ii)(C) and 23 Ill. Admin. Code § 226.220(d).

Under 23 Ill. Admin. Code § 226.220(d), the district is legally required, within ten (10) calendar days of such a request, to either convene the IEP meeting or send written notice scheduling the meeting for a future date. Today is [insert date], which is more than 10 calendar days since my request, and I have not received any written notice or meeting date from the district.

This constitutes noncompliance with Illinois special education regulations. Failure to respond in the required timeframe also risks a denial of FAPE under IDEA if it delays needed services or changes to my child’s program.

Please provide me with a written meeting notice by [insert short deadline, e.g., 2 business days from today]. If I do not receive this by that date, I will have no choice but to file a formal state complaint with the Illinois State Board of Education for investigation.

I look forward to your immediate response so we can resolve this without escalation.

Sincerely,

[Your Full Name]

Parent of [Child’s Name]