The Wrightslaw Way

to Special Education Law and Advocacy

The Wrightslaw Way random header image

Do Parents Have to Excuse Members of the IEP Team?

04/08/10
by Wrightslaw

The bottom line is no.  If you do not agree, a required member of the IEP team may not be excused. If the school asks you to consent to excuse a member and you don’t agree, write a short polite letter to explain that you don’t consent because the individual has valuable information and insights to share with the team.

Do you know the required members of the IEP team? Submit your answer below – then read more about the excusal rule.

Who is not a required member of the IEP team?

View Results

Loading ... Loading ...

The Excusal Rule

The law includes two circumstances that allow a required team member to be excused from a meeting.

  1. If their area of expertise will not be discussed or modified during the meeting
  2. 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,

  1. you may agree with the school that the team member does not need to attend because their area will not be discussed
  2. 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)

Required team members do not include related services providers or others who attend at the discretion of the parent.

This excusal rule allows for more flexibility of scheduling for meetings.  For the initial or annual IEP meeting, all team members should participate.  If a meeting is to review or revise a specific or limited issue, then fewer members may result in a more efficient meeting.

The Commentary says the excusal rules are safeguards to prevent parents from feeling “pressure” to excuse members and says the school cannot unilaterally excuse an IEP Team member. Check the Commentary,  p. 46673 – http://www.wrightslaw.com/idea/comment/46661-46688.reg.320-328.ieps.pdf.

Are there penalties for schools that routinely excuse IEP team members?

Yes.  Some school districts may abuse the excusal rule.  All districts are subject to the state’s monitoring and enforcement provisions. A school district that routinely excuses IEP team members from meetings is not in compliance with the law. Some schools have a staff member that manages excusals and addresses complaints of excessive excusals.

Bottom line  – schools should not routinely excuse team members. Do things right the first time. Rescheduling or reconvening meetings so that all members can participate in the IEP decision-making process is inconvenient for everyone.

Print Friendly

Tags:   · · · 60 Comments

Leave a Reply

60 Comments on "Do Parents Have to Excuse Members of the IEP Team?"


sandy
05/10/2015

If you are looking for an excuse to miss or leave early a IEP Team Meeting, then I don’t want you on my team. If this happens then there is not a coordinated effort to help the student. Use your common sense, please.

Alissa
09/22/2014

Can a parent request that principal not attend ard?

Terry
08/10/2014

My disabled child has missed one of the two years he has attended school, due to the fact the school refuses to listen to us about our child’s safety need the school refuses to meet. We have two years of documentation showing the school intentionally place our son life at risk by telling us everyone was trained to save his life. We of course found out the school lied to us and no one was in fact trained. We, the parents, will not have an IEP with the school if they invite a person who in our opinion, and documented opinion, is 99% of the problem. This person the school wants at the IEP Meeting is not required to be there. Because we have been lied to over and over by the school about the safety (which is very much life-threatening issues) we will be calling the shots until the school can start proving to us they can be trusted.

Jenn
12/28/2013

Here’s a new one: they reused an attendance signature page from a former IEP meeting for the new IEP they sent home.

Christine
09/29/2013

Your articles and information are excellent. However an LEA is a required member who may or may not be the principal. So your poll question is somewhat inaccurate .