IEPs and Email: What to Know Before You Click “Send.”

Email. How did we live without it? IEPs are relatively new, not even 50 years old. Obviously, e-mail is even newer. And, as technology changes, IEP practice and regulations has to change too.

The last time IDEA was reauthorized what 2004, so even that is a long time in the age of e-mail. Case law and OCR complaint decisions have helped shape some of what is acceptable in using email for your IEP.

Here are some tips for using email to discuss and handle your IEP concerns and requests.

IEPs and E-Mail

Can a school use e-mail to send out IEPs and related information? Yes. It just makes good business sense. It’s fast, it’s easy, and it is accepted practice. However, if a parent does not have a computer and/or email, all of the information must be presented to them in a format that they can access.

Can I “virtually” sign the IEP documents and return them via email? Yes. I have the OSEP guidance letter about this issue below. But again, it has to be accessible to the parent.

If I want to make amendments to the IEP, can that be done over email? Again, yes. Not every change to an IEP requires that the entire team convene in person.

Can school staff use personal email to handle IEP issues? It is not best practice, but it is not illegal either. This is an issue that would most likely be handled by Personnel/HR, as it likely violates school employment policies. But it is not against the law or addressed in IDEA.

Can a teacher use personal email to discuss a student’s IEP? Yes, they can. Sort of. Let me explain. There is nothing in IDEA that prohibits this, if that is what you’re looking for. It’s not “illegal” or “against the law” which is what many parents are looking for. It’s not best practice, for sure, if a district provides them with an email address for work. Which, most districts do these days. It may be against school policy or personnel policy, but what happens when you violate working codes is up to each district and their union contract. This usually isn’t the “gotcha!” that most parents are looking for.

Can a parent’s email be subpoenaed for an Due Process hearing? I’m not a lawyer nor do I play one on the internet. However, I have known of school district email being subpoenaed, so I would imagine that parent emails can be subpoenaed too.

Is there a FERPA law about IEPs being emailed? If there is, I am unaware of it. I have provided resources in this article from the US Department of Education stating that email is an acceptable form of communication for IEP stuff. I think they wouldn’t say that, if it violated FERPA.

The school told me that I can only email one person! This is also a very common practice, not just in schools but in many workplaces. Putting an parent on an IEP communication plan is acceptable and it has been upheld with case law. It makes sense to have communication flow through one person. It prevents redundancy, confusion and other issues. Do not take offense if you have been asked to only communicate with one person on the team. IEP Staff often have very large caseloads and this increases efficiency.

Can the school put me on a “communication plan?” Yes. OCR has ruled in many complaint decisions that putting a parent on a communication plan does not deny FAPE to the child. (A communication plan is when the school asks you to only email one person, one day a week or something like that.) Except for extreme situations, there really shouldn’t be a reason to be continually emailing all the team members.

How long does the school have to respond to my email? This is not something defined by IDEA in most states. Generally, common courtesy is to allow 3-5 days before I start pestering for a response. It’s important to know your state regulations.

Can all of this email be subpoenaed? Yes. You can also do a FERPA request for it, though the school may very likely say that the email does not exist. Should you find yourself in a situation where people are receiving subpoenas, email is eligible. Keep this in mind when you are sending email too.

Is staff email part of FERPA? Case law has determined that email is a part of a child’s educational record. However, it has been my experience that when we requested email that we were certain to exist, we were told that there was no such email. Unless you’re really deep into a big case, you have to let it go. We did not have the resources to hire more attorneys and force the school to turn over servers and stuff like that. You can (and should) include it as part of a FERPA request, but have a plan in case the school says “we do not have any such email.”

When should I send the IEP team an email? You can use it for just about anything. Email is a great way to build your data and paper trail for concerns that you have and supports that you are requesting.

Can I make official requests over email? Absolutely! And you should. It time stamps exactly when you made the request.

Guidance Letter about IEP and Email

IEP Requests over Email

Here are just some of the things you can request for your child over email. If you click those links, you’ll find templates for email and letters.

How to craft the perfect IEP Email to your team.

1. Start with a scratch pad and paper. Jot down the requests, ideas and concerns that you have as they come to you. When you have a list, start an email. I know that some of my best ideas come to me while I’m driving or in the shower!
2. Keep Email Folders. I keep several email folders on my account. Rather than hit delete, store them there. This makes it easy to find them when composing an email, particularly my annual parent concerns letter.
3. Decide what you want to request for your IEP. What are you writing about? Chances are, I have templates.
   Parent Concerns portion of the IEP
   Request an IEP Meeting
   IEP Evaluations
   Doing a FERPA or records request
   Requesting an IEE
   Manifestation Determination Review
   FBA and Behavior Plan
4. Be thorough and professional. Leave emotions out of it. Stick to the facts. Describe what you are seeing or recall incidents using factual details.
5. Do not assume intent. When describing the actions of others, do not presume intent. We don’t know why people do things, and to assign intent only creates drama and complicates the situation.
6. Open your email with the purpose. A good opening line to use is “The purpose of this email is…..”
7. Close your email with your follow up. Be reasonable, but list your expectations. A good closing line is “Thank you for your time, if I do not hear from you in 72 hours, I will….”
8. Proofread it. You want to appear knowledgeable, professional and courteous. Have someone proofread it. Yes, this is your child. But this is also a business letter.
9. Always, always, always….sleep on it. This is advice that MUST be followed, particularly if this is a bullying, discipline, injury or other similar situation. SLEEP ON IT before you send it. Too often, we send things out in the heat of the moment when our emotions have the best of us. Have someone proofread it and sleep on it. If you still want to send it in the morning, send it.

I hope this helps. I don’t want anyone to get into hot water over something you said when you were emotional. Now, go re-read number 9 again.