what to watch when an attorney comes to the iep ,meeting as a special ed teachert

What happens at an IEP meeting under idea?

(4.6) Will I receive notice of the IEP meeting? (4.7) If I cannot attend an IEP meeting in person, can the district hold the meeting over the telephone? (4.8) After my child’s annual IEP, must an IEP meeting be held to change the IEP? (4.9) Who is required to attend the IEP team meeting and what are the members supposed to contribute to the ...

Can a caseworker attend an IEP meeting on my behalf?

Nov 27, 2009 · School district in Springfield MA sent invitation 3 school days notice of TWO attorneys, THREE Supervisors, NO Regular Ed or Special Ed teacher, and NO transition staff. IEP goals and program contain transition goal, special ed for content support, and special ed teacher for reading. This is a “top-heavy” TEAM to intimidate parent. Please ...

Are special education and IEP law interrelated?

Mar 03, 2015 · Thus, school districts may lawfully be represented by an attorney at IEP meetings, whether or not the parent brings an attorney to the meeting. See, Letter to Diehl, 22 IDELR 734 (OSEP 1995). Even if the attorney has not personally met the student at issue, the attorney can properly gain knowledge and expertise regarding the student through ...

Is the IEP team not doing their job?

Mar 07, 2016 · This chapter advises “Do not go to the IEP meeting alone.”. You’ll find a whole chapter about IEP Teams and Team Meetings. On page 12, check the section on “People with Special Knowledge and Expertise” about who a parent can invite to the IEP meeting. You’ll find the citations for both IDEA and the Federal Regulations.

What teachers should not say in an IEP meeting?

How do I get the most out of an IEP meeting?

How do teachers prepare for an IEP meeting?

What is the role of a teacher in an IEP meeting?

Does IEP affect university?

How do I get an IEP in California?

What makes a successful IEP meeting?

What questions should I ask at IEP meeting?

What are 10 good tips you have learned for how do you conduct a successful IEP meeting?

What does a classroom teacher do to prepare for the IEP process?

Who is responsible for writing IEP goals?

Who has primary responsibility for implementation of the IEP?

How many days before a school meeting do you have to notify the parent?

A meeting notice can include a statement that tells the parent that the district expects the parent to notify the school at least two working days before a meeting if the parent intends to bring an attorney to the meeting.

Do parents have to provide meeting notices?

Districts are required to provide parents with meeting notices that identify the people the district is inviting to the meeting ( by name or position). See, 34 C.F.R. § 300.322 (a) (1). If the district intends to have its attorney present, it must be sure to include that on the meeting notice!

Should a school attorney be present at an IEP meeting?

Should the School Attorney Be Present at IEP Meetings? A school or district may have legal counsel present at an IEP meeting as an individual who , under the IDEA, has special expertise regarding the child. This is true whether or not the parent brings an attorney or advocate with them. However, there are limits on the participation of the attorney in the IEP meeting.

Can a school district include an IEP?

Just as a parent may exercise discretion to include individuals on the IEP team other than those identified in the IDEA as “mandatory participants,” so may a school district. Specifically, 34 CFR 300.321 (a) (6) provides:

Can a school district have an attorney at an IEP meeting?

Thus, school districts may lawfully be represented by an attorney at IEP meetings, whether or not the parent brings an attorney to the meeting. See, Letter to Diehl, 22 IDELR 734 (OSEP 1995). Even if the attorney has not personally met the student at issue, the attorney can properly gain knowledge and expertise regarding the student through conversations with staff and review of the student’s educational records.

Who can invite to a team meeting?

Both the parents and the school can invite to the Team meeting individuals who have “knowledge or special expertise” regarding the child. The inviting party determines that the person being invited has that knowledge/expertise.

What to do if your school doesn't agree?

If it’s not (or the school doesn’t agree), invite in another outsider. You can invite a friend, and tell the school they’ll be there for note taking and moral support (rather than to advocate – which may put the Team even more on guard). Or invite someone higher up in your district’s food chain, like the special ed director.

Can parents be part of the IEP team?

Parents are to be part of the IEP team, so the school should try to work with the parent. I suggest contacting the district special ed director, & requesting that an arrangement be made where you can be present. Options – meet away from the school (public library, another campus, or administration building) or participate by phone or skype. Make your request in writing for documentation.

Do you have to notify someone in advance of an IEP meeting?

With whomever they invite, they must notify you in advance. There ARE some things you can do to change the tone of the meeting. If IEP facilitation is available in your are, that may be a good option. Teams are often better behaved when bad behavior will be witnessed by someone outside the Team.

Can a school invite anyone?

So basically the school can invite whomever they want (unless it would violate your child’s privacy under IDEA or FERPA). With whomever they invite, they must notify you in advance.

Can parents invite anyone to a party?

The parents can invite whoever they want. There is no law to say who they can or cannot bring with them.

Can parents invite people to school?

Yes. Parents, & the school have the right to invite people that can provide information & input to assist in making decisions.

What does IEP stand for in school?

The I in IEP stands for individualized, so if your child needs a service they do not have, they need to arrange another way for your child to get it. “We believe your child should be in a self-contained classroom because she is difficult to handle.”.

What does it mean when a child doesn't make progress in an IEP?

Lack of progress in a year is a sign that the goal or remediation method is not appropriate. The IEP team should discuss alternative options so the child makes meaningful progress. It’s important to organize all information in an IEP binder so you are ready to show evidence of progress.

Why is my child not eligible for special education?

“Your child is not eligible for special education because she is doing fine academically.” IDEA specially states that grades and performance are irrelevant to determining if a student needs special education services.

Should parents be involved in the IEP process?

IDEA explicitly states that parents should be involved in the development process. “You should take your child to the doctor and request medication.”. It is illegal for the school to suggest your child should be on medication.

What is an IEP in special education?

Under IDEA, special education develops and implements an individualized education program, or IEP, that meets your child's unique needs. The acronym IEP refers to several related things:

What is an IEP in school?

The acronym IEP refers to several related things: an initial meeting where the school district determines whether or not your child is eligible for special education.

What is an IEP document?

a detailed written description of your child's educational program. Every written IEP document must include the same information, although forms will vary from one school district to another. Current educational status -- a description of your child's current "academic achievement and functional performance" in school.

What is the right of a child with disabilities?

Specifically, the federal Individuals with Disabilities Education Act (IDEA) gives families of special education children the right to: have their child assessed or tested to determine special education eligibility and needs.

What is the law for school districts to evaluate children with disabilities?

§1412 (a) (3)). After the evaluation, the district may provide the child with specific programs and services to address special needs.

How often do you have to have a special education evaluation?

Once a child is found eligible for special education, subsequent evaluations take place at least every three years. If you are not satisfied with the initial evaluation or you feel your child's disability or special education needs have changed, your child is entitled to more frequent assessments, and even outside or independent assessments (20 U.S.C. §1414; 34 C.F.R. § §300.301-306).

Is the federal idea binding?

Your state department of education. The federal IDEA is binding on all states. The federal government provides financial assistance to the states, which are responsible for making sure the local school districts comply with the IDEA. Most states have laws that generally parallel IDEA.

What are the rights of a parent in an IEP?

IEP law is very complex and always changing. Your rights as a parent are called procedural safeguards and are outlined in IDEA. Unfortunately, they are often handed to you at the IEP meeting. You can request a copy of your rights before the IEP meeting or before you request an formal evaluation.

How often do you need to write an IEP?

The IEP must be written at least annually for all children with disabilities. The IEP team consists of those who have assessed the child, school support personnel, a school administrator, general and special education teachers and the child’s parents or legal guardian.

What is the basis for IEP?

The basis for most IEP law is found in three federal statutes, The Individual with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Family Educational and Privacy Rights Act. IDEA is a federal law binding in all states. State law can mandate more protection than IDEA but not less.

What is due process in IEP?

Due Process: Due process rights ensure that no changes can be made in a child’s program without prior notice to the parents. Further, due process provides a mechanism for the resolution of disagreements. IEP law is very complex and always changing. Your rights as a parent are called procedural safeguards and are outlined in IDEA.

What is free appropriate education?

Free Appropriate Education Children with disabilities are entitled to a public education appropriate to their needs, at no cost to their families.

Is Idea a federal law?

IDEA is a federal law binding in all states. State law can mandate more protection than IDEA but not less. Each state uses different criteria to determine programs and guidelines for qualifying students for special education.

Choosing an Educational Advocate

An educational advocate is not necessarily someone with credentials, although they can be. There are those who specialize in this area, however, there are no specific requirements for a person in order for them to advocate for special education services. Anyone invited by the parents or a guardian is welcome to attend the IEP meeting.

Resources

There are a number of resources available to parents and guardians to help them understand their rights under IDEA. Some of them are as follows: