According to IDEA 2004, Section 1414(d)(1)(B), the IEP team includes:
(i) the parents of a child with a disability;
(ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment;
(iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child;
(iv) a representative of the local educational agency . . .
(v) an individual who can interpret the instructional implications of evaluation results . . .
(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(vii) whenever appropriate, the child with a disability."
IDEA 2004 did add a new subsection about "IEP Team Attendance:"
(C) IEP TEAM ATTENDANCE
The Excusal Rule
The law includes two circumstances that allow a required team member to be excused from a meeting.
- If their area of expertise will not be discussed or modified during the meeting
- If their area will be discussed, they must submit a written report to the parent and school team members before the meeting
As a parent,
- you may agree with the school that the team member does not need to attend because their area will not be discussed
- you may, together with the school, consent to excuse this member whose area will be discussed and they must submit a report prior to the meeting
Both parental agreement and consent must be in writing.
20 U.S.C. 1414(d)(1)(C) and 34 CFR 300.321(e)
http://www.wrightslaw.com/idea/art/iep.team.members.htm#sthash.Qmqg5GL0.dpuf
Please remember that this is Federal law. Your own state also has special education laws on top of IDEA.
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