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MM: Looking for either clarification or guidance to areas of the law(s) governing the child study team (likely IEP) meeting following an IEE. In particular, can the team meet without the neuropsychologist who did the IEE (or without the parent for that matter) IF the parent DOES NOT APPROVE of it?

My child’s school is saying we cannot accommodate the neuropsychologist’s schedule “due to time constraints” and is insisting on meriting without her being present. Obviously, given her knowledge of my child’s areas of strength and need for accommodations, I believe she’s an essential part of the meeting and am not ok moving forward without her attending (within a reasonable timeframe, of course!)

What, if any, legal voice in this situation? Any guidance – especially “magic words” to use when responding – is truly appreciated!

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I agree with Sharon L. You are part of the team and you are allowed to bring whomever you want to the meeting. They cannot deny this to you.

Sharon L.

It is now legal for professionals to attend IEP meetings via conference call or web call. I have done that many times. This may help the schedule. No you do not have to agree or sign anything. If the school proceeds without your permission because they are at risk of being out of compliance they can just continue with the existing IEP or they must give you a prior written notice to explain why they are doing what they are doing. They must include you as a team member.

Sharon L.

You may have anyone you like at the IEP meetings. We had an outside IEE done and the tester was at the meeting via a conference phone. This made it easier to accommodate schedules. I also bring a digital tape recorder to the meetings so I don’t forget anything and I let the team know I am going to do this ahead of time. It is allowed. Once you request this I think they will accommodate you.