Thomas: My question is do the parents need to be present when having eligibility meeting to determine services for the child? What laws state that the parents have to be present.
Eligibility: CAN PARENTS ATTEND ELIGIBILITY MEETING?
Special Education Law and Advocacy
IDEA rule 300.306 addresses determination of eligibility. A “group of qualified professionals” & the parent are to do this. Many districts have the “official” determination made in the IEP meeting. Determining services to be provided is the responsibility of the IEP team. If it is done before, this is predetermination & is a violation of IDEA.
It is best to have parents present for the eligibility meeting.
However, in my state (Wisconsin) eligibility meetings can occur without parents. If an IEP team has documented no less than three good faith (but unsuccessful) attempts to schedule the meeting with parents, the meeting can occur without them.