Print Friendly, PDF & Email

Alicia:  I recently attended an IEP meeting for my son. I was contacted by his Special Ed teacher of the meeting. She also sent home a request for the meeting that addressed the following: Purpose of Conference (to develop, review, and/or revise the student’s IEP and make placement decisions, to determine reevaluation needs, and other) Persons invited to attend meeting include: Chairperson, School Psychologist, Reg Ed Teacher, Occupational Therapist, Spec Ed Teacher. So during this meeting there were two other individuals included without the knowledge of my husband and I from another school in the district. The individuals were there to discuss the PASS process/program. My question to you, I am looking for any regulatory guidance on discussing information on a minor without the parents’ consent or knowledge that would have violated the privacy act as well as HIPPA.

Notify of
Inline Feedbacks
View all comments
05/03/2018 1:15 pm

When extra people showed up at our IEP they were introduced and we had to give permission for them to attend. I knew who some of them were so it was no big deal, but it was documented and in the Prior Written Notice summary.

02/03/2017 8:21 pm

At some level no one can attend w/o parents knowledge since the parents can go around the room and ask who is there, why, and what is their experience with the child.
On the other hand, if you object they are likely to terminate the meeting, give a new meeting notice with those folks included.
My suggestion would be to go around the room and ask who is there and why and then ask why those persons are not on the invite list and what their reason is for being there. After that is in the record, then simply say that you will allow them to remain even though they don;t belong, and don’t know anything about your child (if true). And if they say anything about your child, you can remind the team that it has already been established that they don’t know what they are talking about..

02/03/2017 6:45 pm

While others have given you suggestions on regulations that may be in play, I wondered if you asked the chairperson who they were and/or their purpose at the meeting. Better yet, start meetings like that by going around the room stating who you are and how you know your child.

02/03/2017 4:44 pm

I can’t speak to the discussion about a minor without parental consent, but if I understand correctly parent was not notified of the attendance of two participants, invited by the school district, which may be a violation of the following:
Sec. 300.322 Parent participation. specifically,
(b) Information provided to parents.
(1) The notice required under paragraph (a)(1) of this section must–
(i) Indicate the purpose, time, and location of the meeting and who will be in attendance;

I’m no expert in this area, and may be off base – I look forward to hearing from those with expertise in this area

Virginia S.
02/03/2017 4:23 pm

No-one. Additionally, If someone is invited that has no special expertise or knowledge of the child, the parent should ask them to leave the IEP meeting. It appears that the individuals were not there to discuss IEP services-then that’s a meeting for another time and place.

02/03/2017 3:08 pm

The district has the right to invite these individuals, but you have the right to be informed prior to the meeting. If they were not included on the initial meeting notice then a new meeting notice should have been sent home for you to sign. In my opinion, because they did not do this, the district was out of compliance with special ed law.

02/03/2017 2:21 pm

Hi I found this…
Require that the notice inform parents of other IEP Team participants.

The notice required under 34 CFR 300.322(a)(1) (regarding an IEP meeting), among other things, must inform the parents of the provisions in 34 CFR 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and 34 CFR 300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the IDEA).
[34 CFR 300.322(b)(1)]

Katie B
02/04/2017 12:54 am
Reply to  erika

But part C is Infants and Toddlers, who would have probably been listed as “representative” because the team usually doesn’t know who the part c rep will be. Unless this is an initial IEP meeting,or an eligibility meeting before age 3, that reg. should not apply.