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An IEP Is Not a List of Suggestions: 8 Straight Answers From This Week’s Live Q&A

by | Jul 15, 2026 | Ask the Advocate, Special Education Advocate

Special Education Boss® Podcast

"An IEP Is Not a List of Suggestions": 8 Straight Answers From This Week's Live Q&A

Half-day traps, ESY denials, pull-out versus push-in, and state complaints. Real questions from parents, paras, and educators, answered plainly.

Live Q&A · July 13, 2026

Every week, parents, paraprofessionals, and educators bring their real questions to the live Q&A. And every week the same theme surfaces: you do not know what you do not know, but you need to. Preparation is what changes outcomes at the IEP and 504 table. Here are eight of this week's questions, with clear, practical answers you can use. This is education, not legal advice.

1. A young student made a threat. Do we punish them the same way?

We do not punish children in school. We respond. When a student who receives special education services is involved in something serious like a threat, the principal calls a manifestation determination review, the MDR. That meeting answers two questions: Is the behavior likely tied to or caused by the student's known disability, and did the district fail to implement the IEP?

The part that matters most: no matter how those two questions land, the school still has to teach the student a replacement behavior. You cannot wait for something worse to happen, and you cannot simply remove the child. After the MDR, you begin a functional behavior assessment, an FBA, to understand the behavior and build the right supports.

See discipline procedures and the manifestation determination requirement at 34 CFR 300.530.

2. A parent wants to move their child from a half-day to a full day. Thoughts?

For kindergarten and up, an IEP is written for the full instructional day. Kindergartners go to school all day, and so does a student who receives special education services. This is not about what anyone wants. It is a requirement.

The move to make is simple. Hold an IEP meeting a week or two before school starts, make sure the document is fully populated, and confirm the supports and services are in place for the student to be successful for a full instructional day. Half-day arrangements really only belong in ECSE, or in rare cases with a profound medical need, and then it is structured as half-homebound, half-school.

A free appropriate public education must be available to every eligible child, and the district must implement the IEP as written: 34 CFR 300.101, 34 CFR 300.323.

3. Can we just reduce my child to a half day?

Be careful here, because this one has teeth. If the instructional day for that student is a full day and you remove them for part of it, the district has no obligation to deliver FAPE for that missing time, even if the school suggested the half-day. Why? Because an IEP is written for the entire instructional day.

Picking a violent or struggling child up at noon does not teach a skill and it does not solve anything. It teaches learned dependency. The answer is the right supports and, when needed, the right placement, not a shorter day.

4. My son isn't getting ESY. Why do we keep getting denied?

ESY, extended school year, is for students on an IEP, and the team decides whether, without it, the student will not be successful. There are two prongs. One, documented regression on IEP goals with a significant time to recoup the skill. Two, concern for the loss of critical skills, and that second prong almost never gets raised.

We want kids to have their summers off too. But if the loss would be too profound, those services matter. And sometimes repeated denials come down to advocacy. Some districts will not move without strong, prepared language at the table.

ESY services are defined at 34 CFR 300.106.

5. I want pull-out services; the school wants push-in. How do we decide?

Ask the school the question back: what is the meaningful benefit of push-in over pull-out for this student? In least restrictive environment decisions we are always weighing two things, meaningful benefit and harmful effect. And harmful effect is not only about removing a child from the room. There is a harmful effect any time a student is visibly identified as needing more help, even from a para in one class.

A child who is years behind in reading does not need to stay with his friends for group reading and be embarrassed. He needs resource time to work on those targeted deficits. Whatever the recommendation, it comes down to one four-letter word: data. If someone makes a recommendation, ask them to screen-share the data that supports it and email you a copy. No data, no informed decision.

LRE requirements are at 34 CFR 300.114.

6. My child was denied FAPE all year and still can't read. What now?

If you believe your child was denied a free appropriate public education, you write a robust state complaint identifying exactly what was not delivered: failure to reconvene the IEP to make adjustments, inappropriate goals, insufficient present levels, an inadequate schedule of services. Your state education agency publishes guidance on how to file, and Special Education Academy has a digital product that walks you through writing a strong one.

State complaint procedures are at 34 CFR 300.151 through 300.153.

7. Our school hasn't reported IEP progress since last year. They said to wait until fall.

Oh, there are thoughts. Parents of students with disabilities have a right to progress reports on the same schedule all children receive report cards. If that did not happen, that is a denial of FAPE. Do not wait for the teachers to come back from summer. Go to the district's legal or records office and request open records for your child. When you ask for data, ask legal, in writing.

Periodic progress reporting is required by 34 CFR 300.320(a)(3). Your right to inspect and review education records is at 34 CFR 300.613.

8. Isn't an IEP kind of flexible? A gray area?

No. The district is either delivering the IEP as codified, or it is denying your child FAPE. There is nothing in between. If a student has medicine and you do not give it, is that a gray area? An IEP is not a stack of suggestions. It is an enforceable plan under IDEA, and it is exactly how states, counties, and cities receive their special education funding. You do not have to like it. It is still the truth.

The bottom line

This is why we sit at the table prepared. Every one of these answers comes back to the same place: know your rights, ask for the data, and hold the line on what the IEP actually requires. You do not have to be a lawyer. You have to be prepared.

Quick answers

What is an MDR?+
A manifestation determination review is a meeting held when a student with an IEP faces a disciplinary removal that counts as a change of placement. The team decides whether the behavior was caused by the disability or by the district's failure to implement the IEP. See 34 CFR 300.530.
Does a half-day reduce the district's FAPE obligation?+
An IEP is written for the entire instructional day. If a student is removed for part of that day, the district's obligation to deliver FAPE for the missing time is affected, even when the school proposed the shorter day. The stronger path is the right supports and placement for a full day.
What are the two prongs for ESY?+
Documented regression on IEP goals with a significant time to recoup the skill, and concern for the loss of critical skills. The second prong is frequently overlooked. See 34 CFR 300.106.
How do I file a state complaint?+
Write to your state education agency identifying the specific violations, such as inappropriate goals, insufficient present levels, or an inadequate schedule of services. Federal procedures are at 34 CFR 300.151 through 300.153.

Get prepared for your next meeting

Read every part of your child's IEP with The Epic IEP, the seven-part framework Karen uses to write an IEP anywhere in the country. Find it in the TikTok shop or at theepiciep.com, along with the Workbook, the Paraprofessional edition, and the Federal Law and State Guidelines edition.

Go deeper inside Special Education Academy, Mondays at 8:00 PM, with 250+ hours of training updated weekly. The next 2-Day Live Virtual Intensive runs August 22 and 23.

About the author

Karen Mayer Cunningham, Special Education Boss®

Karen Mayer Cunningham is a special education advocate, trainer, and host of the Special Education Boss® podcast. She trains parents, advocates, and school-based professionals to navigate and negotiate successful student outcomes at the IEP and 504 table, and is the author of The Epic IEP. Karen teaches educational rights, preparation, and process. She does not provide legal advice or legal representation.

This article is educational and is not legal advice. Citations link to primary federal sources at eCFR.gov.

"When we get it right for the child, we get it right for everybody."Karen Mayer Cunningham

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