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)
Please remember that this is Federal law. Your own state also has special education laws on top of IDEA.