why have attorney at iep meeting

IEP meetings are supposed to be a cooperative, team environment, and while an attorney’s presence may facilitate that, it can also create an atmosphere you don’t want, appearing to be a preemptive action. In addition, if you bring an attorney, the school district will send their attorney as well, and it’s important that families know that.

Full Answer

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

Mar 03, 2015 · 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 an IEP be held without the parents?

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 an attorney be called as a witness at a DP hearing?

Nov 27, 2009 · No lawyers should be involved unless the IEP goes to fair hearing! the IEP needs to be a work in progress whereby BOTH parties MUST uphold their end of the bargain in implementing educational goals. They MUST work together! Lawyers on both sides get in the way! REMEMBER, it is about the child NOT about the district or the parent!

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.

Who is the most important person in an IEP meeting?

Parents of the child with a disability are vital members of the IEP team, with an expertise to contribute like no one else's. Special educators, with their knowledge of how to educate children with disabilities, are obviously a very important part of a child's IEP team.

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 is the role of the Administrator in an IEP meeting?

If you're acting as an administrator at an IEP meeting, you should be able to: design or supervise services for the student. interpret testing data to help determine what the student needs. allocate funds for services that will best support the student's learning.Nov 5, 2015

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 purpose of an IEP?

The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve educational results for children with disabilities. The IEP is the cornerstone of a quality education for each child with a disability.

What should a parent say at an IEP meeting?

Questions to ask during the IEP meetingHow does everyone at the meeting know or work with my child?Could you tell me about my child's day so I can understand what it looks like?Can you explain how what you're seeing from my child is different from other kids in the classroom?More items...

What should parents say in an IEP meeting?

Instead of: "I only want what's best for my child," say: "I want my child to get what he/she needs." ​School districts are only required to provide an appropriate program, not the very best program. When in doubt, stick to your child's evaluation (as long as you think it is an accurate representation of him or her).Mar 15, 2018

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

What is the principals role in the IEP process?

The principal needs to ensure that students with disabilities are receiving the services they need, and that regulations and guidelines are being followed. If you find that a student is not receiving the type of services required and delineated, you must respond in a timely manner.

What every principal should know about special education?

Principals must understand that special education is not a place nor a program. At the level of the school, special education is a set of services and supports that is provided to individual students to give them access to curriculum and to ensure that they continually learn and progress in that curriculum.Nov 8, 2003

What is a principals role in special education?

The principal is responsible for the education of all students in the school. ... The principal needs to ensure that staff members know what is necessary for providing special education services. 4. The principal needs to verify that staff members are appropriately implementing services for students with disabilities.

How to be at an IEP meeting?

For someone to be at the IEP meeting, they must appear on the prior written notice of the meeting (the invitation). This rule applies for BOTH parent and school. So what do you do if someone is on the invitation for the meeting that you do not approve of? Contact the school immediately and request information about why that person needs to be at the meeting. If necessary, tell them you will not accept that person being at the meeting. Legally the meeting cannot occur until a compromise is reached either informally or via due process.

How to ask a NJ district attorney?

As a NJ resident, I have recommended to parents to quiz the district’s attorney as to his/her knowledge of the child. If they don’t have the knowledge, then either request they be barred from the meeting or make no statements specific to the child, only on points of law. #N#2. Also, give the district notice that you will be tape recording the meeting especially if they are bringing an attorney.#N#3. As an advocate I have experienced that there are some NJ districts that state verbally, but not in writing as a real policy, that the district brings their attorney if the parent brings an advocate. (Now really, the district should be embarrassed about their knowledge of the law.)#N#4. In NJ, while the district must give written notice of who they bring, the parent does not. I tell my clients to tell if I am coming b/c some will cancel mtg

What is a compliance officer?

The “compliance officer” is an attorney, with the license, knowledge, and experience of an attorney, but who is allowed to attend IEP meetings because she “is not working on behalf of the district as an attorney…she is a “compliance officer”.

Do attorneys have to cross exam IEP?

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). However, that was not the recent ruling in a case I had with our school district. The attorney, though claiming special knowledge about the child, was not required to share what that knowledge was though he was permitted to participate in making decisions regarding the child’s IEP. Instead, it was determined that the district’s special education supervisor could state what it was the attorney knew! (hearsay?)

Should lawyers be involved in an IEP?

No lawyers should be involved unless the IEP goes to fair hearing! the IEP needs to be a work in progress whereby BOTH parties MUST uphold their end of the bargain in implementing educational goals. They MUST work together! Lawyers on both sides get in the way! REMEMBER, it is about the child NOT about the district or the parent! This always seems to get lost in the contest between the two…who is going to get the most out of the other, especially in the high school setting where the buck stops! Too many times the child and parent as well as the district have not pushed the child hard enough to achieve because none were truly held accountable and finally graduation is around the corner and the student is not ready to graduate, to transition to REAL life and it all gets dumped in an iep at the high school. NICE!

Can a meeting occur without a compromise?

Legally the meeting cannot occur until a compromise is reached either informally or via due process. The same is true for bringing an extra person to the meeting. If he or she was not on the invite, both parties must agree that person may attend. If one side does not agree that person MUST leave.

Is it a meeting when a lawyer scripts out everything?

Its not a meeting when the lawyer scripts out everything and goes into a monologue dictating terms just to say that a meeting did happen. The slandering of your character when you object to such treatment is typical of their training.

IEP Attorney

For many families, there comes a time in your IEP journey that you and the school reach an impasse. You’ve gone back and forth and had many meetings over many months. Now, you’re staring down an IEP that you don’t think is sufficient for your child.

How to Become a Special Education Attorney

Obviously, they need to be lawyers, admitted to the bar in your state. But that’s only a starting point.

Finding a Special Education Attorney

You want an attorney who works for parents, not districts. If the attorney is doing both, I personally would not choose them if I had other options. In my mind, they will be biased.