Going to an IEP meeting without your questions written down is like going to the grocery store without a list. You are going to miss something important. Every time.

Karen Mayer Cunningham went live on May 20, 2026 to answer your questions — and as always, the answers are direct, grounded in federal law, and built to help you sit at the table prepared. This session covered everything from one-on-one para eligibility to what Texas SPED teachers need to know before fall 2026.

Here is every major topic with the law behind each answer.

Before Your Next IEP Meeting: Write It Down

Whether you are heading into a pre-K to kindergarten transition meeting or an annual review, one thing does not change. If you do not have your questions written out, you will miss something important.

For pre-K to kindergarten transitions specifically: request a draft IEP in advance, review it before the meeting, and bring your written questions. The transition from early childhood services to elementary school is a significant change in both services and setting — you want to walk in prepared, not reactive.

Does the IEP Follow Your Child to Afterschool Programs?

This is one of the most common questions — and the answer surprises a lot of families.

Generally, no. An IEP or 504 plan is tied to a student’s educational program during the school day. It does not automatically follow a student to Girl Scouts, robotics club, pep squad, or other extracurricular activities.

Who Decides Transportation Eligibility?

The IEP team — the same team that decides everything. Special education transportation is not automatic for every student with an IEP. To qualify, a student typically needs one of the following:

• A profound medical need
• A significant cognitive deficit
• A behavioral need tied to their disability category such as autism or ADHD

When Is a One-on-One Para Actually Appropriate?

This question comes up constantly — and Karen’s answer is more specific than most families expect.

Two Things Most People Get Wrong About IEP Eligibility

Developmental Delay — Only 8 States Have It

Developmental Delay is the only eligibility category under IDEA that is entirely driven by a state decision. Not every state offers it. Approximately eight states currently have the Developmental Delay category. If you move from a state that had it to one that does not, that eligibility category is no longer available for your child — and you will need to determine which other eligibility category, if any, applies.

Colleges Do Not Have IEPs

IEPs are for students between the ages of 3 and 22 in a public school setting who require specially designed instruction. When a student graduates or ages out of public school services, the IEP ends. Colleges operate under the Americans with Disabilities Act and Section 504, which require accommodations — but not the full legal framework of an IEP under IDEA. This is a significant shift in protections that families need to plan for during transition.

Texas SPED Teachers: What Is Changing in Fall 2026

If you are a Texas SPED teacher: Do not wait to find out if you are in compliance. Go to your state Department of Education or State Certification Agency, tell them what content area you will be teaching next year, and ask whether your current certifications are sufficient or whether additional credentialing is required.

Karen’s note: there are people with every credential who do not belong near children — and people with no credential who are the most life-giving humans in the building. But the law is the law, and being out of field has real consequences for districts and for students.

BIPs, Compensatory Services & Private Schools

When Should a BIP Be Removed?

A Behavior Intervention Plan is a living document. It is appropriate when a behavior rises to a level that requires a formal, written plan. It can be removed when the data shows the behavior no longer rises to that level.

The Legal Standard for Compensatory Services

This is one of the most misrepresented areas in special education. Schools will often tell families they must show lack of progress before compensatory services are warranted. That is not the legal standard.

Private Schools and IDEA

Private schools — including religious schools and charter schools — are not required to implement IEPs under IDEA. If a family chooses to enroll their child in a private school, they give up the legal protections of IDEA. The private school is not obligated to provide the same staffing, services, or accommodations that a public school would be required to provide. If your child needs IEP services, that conversation needs to happen at the public school level.

More Questions. The Real Answers.

My child holds it together at school but falls apart at home. What is happening?

Children mask. They use enormous amounts of bandwidth to meet the expectations of the school environment — and then they fall apart at home because that is where they feel safe enough to do it. This is not a behavior problem. It is a sign that your child is working incredibly hard all day. Consider requesting an in-home parent training evaluation or wraparound services to get community-based support and strategies.

Things were verbally agreed on in the IEP meeting but are not in the document. What do I do?

Can a student be both in a gifted program and need special education support?

Absolutely yes. A student with ASD Level 1 can have a high IQ and high cognitive scores and still have significant deficits in social communication, emotional regulation, or sensory processing. Giftedness and disability are not mutually exclusive. The IEP team is always looking at educational need — not just the eligibility label and not just the academic performance. If a school is pushing a gifted program and ignoring the support needs, both conversations need to happen simultaneously.

My child is eloping because of sensory needs around loud noise. What should we do?

If the environment is causing the elopement and the student will not tolerate the sensory tools available, the question the team needs to ask is whether this is the right Least Restrictive Environment for this student right now. The LRE is not a fixed location — it is the setting where the student can receive FAPE. If the current setting is not working, a different setting on the continuum may be more appropriate.

A student in a wheelchair is being denied return to their school because the building is not ADA compliant. What is the recourse?

Schools, buildings, and entities have been required to be ADA compliant since 1990. Denying a student access to their school program because the building has not been made accessible is an ADA violation. File a complaint with the Americans with Disabilities Act and contact the U.S. Department of Education Office of Civil Rights. A district telling a family they have three months to make a building ADA compliant is 36 years too late with that conversation.

Frequently Asked Questions