special education rights and responsibilities - Disability Rights ...

Information on IEP Process
writing, after conferring with the member, that the member does not need to attend.
In that case, the member must submit written input into the development of the IEP
to the IEP team before the meeting. The law does not say how long before the
meeting the input must be submitted. If the parent or district do not agree that a
team member may be excused from attendance at the meeting, that IEP team
member must be present at the IEP meeting. [34 C.F.R. Secs. 300.321(e)(1) and
(2); Cal. Ed. Code Secs. 56341(f) & (g).]
11. What can I do if the required members of the IEP team do not
attend my child’s IEP meeting?
Coordinating an IEP meeting is sometimes not an easy task for school staff.
However, that does not affect the district’s responsibility to convene a valid IEP
team with the required members present. Unfortunately, many parents are faced
with an IEP meeting where all the required members of the IEP team cannot attend
or cannot stay for the full IEP meeting. The ability of the IEP team to develop an
appropriate IEP may be severely compromised if IEP team members critical to the
development of the IEP are absent. In addition, going forward with your meeting,
without the required IEP team members, may affect the validity of your child’s
IEP, especially if you and the school district disagree at the IEP and a due process
hearing is requested.
Your decision on how to handle this situation must be made on a meeting-bymeeting
basis. Here are several options that you should consider:
(1) Contact your district special education administrator in writing (with a
follow-up telephone call) at least one week before the meeting to let his
know you are concerned. Emphasize in your communication with the
school district that you want to make sure that appropriate decisions can
be made at the meeting and time is not wasted for you or school staff;
(2) Attend and go forward with the IEP meeting. Do not agree to those
portions of the IEP that need input from missing IEP team member(s).
Then, reconvene the meeting at a mutually agreed upon time and place
with the needed IEP team members in attendance to finish developing the
IEP; or
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