districts attorney is at my iep meeting what can they do

by Dr. Colton Bergstrom MD 5 min read

Both the district, as well as a parent or legal guardian of a student with special needs, have the freedom to bring an attorney with them to an IEP meeting. However, the Office of Special Education Programs (OSEP) “strongly discourages” the practice of bringing an attorney or legal advocate on the rationale that the presence of such individuals increases the risk that the relationship between the district and the parents turns less collaborative and more adversarial, and can hinder the ability of the team to make decisions in the best interest of the child. See Letter to Serwecki, 44 IDELR 8 (OSEP 2005); see also Letter to Clinton, 37 IDELR 70 (OSEP July 2001); Letter to Garvin, 30 IDELR 541 (OSEP 1998).

Full Answer

What happens when a school attorney is at an IEP meeting?

Jul 02, 2008 · In our district, when an advocate from our advocacy service attends an IEP meeting, the district makes sure their attorney is also present. The parents request that the school attorney leave. The district’s attorney states she is there because she is representing the district, not because she has special knowledge and expertise regarding the child.

Can a case manager hold an IEP meeting without a parent?

Nov 27, 2009 · Glenn on 12/05/2009 at 6:32 pm said: At the very least, if attorneys are attending IEP’s on behalf of school districts, they should be subject to cross examination in any subsequent due process proceeding. (Which usually means under the attorneys code of professional conduct they cannot also represent the district).

How often does a school have to review an IEP?

Yes. At your discretion, you can bring individuals to the meeting who have knowledge or special expertise regarding your child — including an advocate, friend, regional center case manager (service coordinator) or attorney. The parent or school district that invited the individual to the meeting makes the determination of whether an individual has knowledge or special expertise. …

Can an IEP be expunged?

District Representation at IEP Meetings/Procedures Consistent with the guidance from OSEP, it is the district’s general practice to not include attorneys or advocates who represent the district in IEP meetings. However, there are limited circumstances when the district may exercise its discretion and deviate from this practice. A.

Who can advocate at IEP meeting?

Yes. At your discretion, you can bring individuals to the meeting who have knowledge or special expertise regarding your child — including an advocate, friend, regional center case manager (service coordinator) or attorney.

What should you not say at an IEP meeting?

7 Phrases you Never Want to Hear at an IEP Meeting.“Let's just wait and see…” No, no, no. ... “We don't do that here.” You've done your research and asked other parents. ... “We've never seen him do that at school.” Just one of the many examples of either gaslighting or invalidating parent concerns.More items...

What can parents expect in an IEP meeting?

During the IEP meeting, the different members of the IEP team share their thoughts and suggestions. ... After the various team members (including the parent) have shared their thoughts and concerns about the child, the group will have a better idea of that child's strengths and needs.

What happens at annual IEP meeting?

With annual IEP meetings, the focus will be more on the student's overall progress. The school and parents will look at the child's present level of performance. This is based on data like grades or test scores. Then, the team will review progress toward annual goals and the student's individual supports and services.

How do you fight an IEP?

Step One: Document Signs of Trouble at School.Step Two: Schedule a Meeting with Your Child's Teacher.Step Three: Pursue a Diagnosis of ADHD and/or LD.Step Four: Request a Special Education Assessment.Step Five: Research the Differences Between IEPs and 504 Plans.More items...•Jun 3, 2021

How do you handle difficult IEP meetings?

To defuse a difficult meeting, try these strategies:Speak in a calm voice.State the student's strengths then weaknesses, then strengths again.Provide facts. ... Monitor your facial expressions.Do not talk excessively—just provide relevant information in plain language without using jargon.Oct 28, 2020

What needs to happen at the IEP meeting to be successful?

“IEP meetings should be anchored in listening to each other and sharing goals,” say Mapp, Carver, and Lander. ... Regulations and legal requirement are important — but don't let them dictate the structure of the meeting. Talk together about the student's strengths and areas of growth.Sep 15, 2017

What should a teacher say at an IEP meeting?

10 Tips for Navigating IEP Meetings for the General Education Elementary TeacherCollaborate with other team members. ... Get your documents and data organized ahead of time. ... Always start off on a positive note when discussing students. ... Be sensitive and sincere. ... Be a problem-solver. ... Ask for support. ... Get students involved.More items...•Nov 4, 2021

What is the goal of an IEP meeting?

If this is an annual IEP, the purpose of the meeting is to have the team develop an educational program for the student that will support progress in the general curriculum and meet other educational and functional needs resulting from the disability.

What are the 7 steps of the IEP process?

Let's look at these seven steps in more detail to get a better understanding of what each means and how they form the IEP process.Step 1: Pre-Referral. ... Step 2: Referral. ... Step 3: Identification. ... Step 4: Eligibility. ... Step 5: Development of the IEP. ... Step 6: Implementation of the IEP. ... Step 7: Evaluation and Reviews.

Who has primary responsibility for implementation of the IEP?

California law delegates to local school districts the direct responsibility for providing the services in students' IEPs and for ensuring that a continuum of program options exists to meet the needs of their students.

What is the least restrictive environment for a students with disabilities?

Least Restrictive Environment (LRE) is the requirement in federal law that students with disabilities receive their education, to the maximum extent appropriate, with nondisabled peers and that special education students are not removed from regular classes unless, even with supplemental aids and services, education in ...