"I understand that
parents are no longer required participants on their child's IEP
team." - Question from a parent at Wrightslaw
Boot Camp in Stony Brook, NY (March 6, 2005)
"Teachers
Could Be Excluded from IEP Meetings"
- Headline in The
New York Teacher, the official publication of New York State
United Teachers. (March 3, 2005)
Does it make sense that a child's IEP team would not include the
child's parents and teachers?
No?
You're right. 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."
The authorization of any new law typically brings about a spate
of interpretations and more questions. Certainly, IDEA 2004 will
raise its fair share of questions. Self-styled experts may spread
wrong interpretations, misinformation and deliberate disinformation.
Do not rely on the opinions of others or advice you may find in
articles or at training programs.
When you hear statements that don't make sense, you
need to verify what the law says.
You can do this easily by referencing our new publication, The
Individuals with Disabilities Education Improvement Act of 2004:
Overview, Explanation and Comparison of IDEA 2004 & IDEA 97.
In this 56 page publication, Pete Wright describes changes to
the five key statutes in IDEA 2004. (The statute about Evaluations,
Reevaluations, IEPs & IEP teams is Section 1414.)
IDEA
2004 did add a new subsection about "IEP Team Attendance:"
(C)
IEP TEAM ATTENDANCE -
(i) ATTENDANCE NOT NECESSARY - A member of the IEP Team shall
not be required to attend an IEP meeting, in whole or in part,
if the parent of a child with a disability and the local educational
agency agree that the attendance of such member is not necessary
because the member's area of the curriculum or related services
is not being modified or discussed in the meeting.
(ii) EXCUSAL - A member of the IEP Team may be excused from attending
an IEP meeting, in whole or in part, when the meeting involves
a modification to or discussion of the member's area of the curriculum
or related services, if--
(I) the parent and the local educational agency consent
to the excusal; and
(II) the member submits, in writing to the parent
and the IEP Team, input into the development of the IEP prior
to the meeting.
(iii) WRITTEN AGREEMENT AND CONSENT REQUIRED - A parent's agreement
under
clause (i) and consent under clause (ii) shall be in writing.
References
IDEA
2004: Overview, Explanation and Comparison of IDEA 2004 &
IDEA 97
