Crucial Laws Parents Need To Know For IEP Meetings @DeStateBoardEd @usedgov #netde #eduDE

These are some crucial things for parents to understand for an IEP meeting. Listed below, taken from the actual statutes for IDEA are the purpose of IDEA, what related services are available under IDEA, and attendance requirements for an IEP meeting. The last part is very important for parents to understand. Once an IEP meeting begins, teachers cannot just leave the meeting on their own whim. Parents and the team must agree ahead of time on this matter. It’s not a suggestion, it’s the law.

“(d) Purposes.–The purposes of this title are– “

(1)(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

“(B) to ensure that the rights of children with disabilities and parents of such children are protected; and

“(C) to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;

“(2) to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;

“(3) to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and

“(4) to assess, and ensure the effectiveness of, efforts to educate children with disabilities.

“(26) Related services.– “(A) In general.–The term `related services’ means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children.

(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 underclause (i) and consent under clause (ii) shall be in writing.

And for citizens in Delaware, under Title 14, just to make sure our state has it covered. Yeah, they do!

900 Special Populations

925 Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs

21.5 IEP Team attendance: A member of the IEP Team described in 21.1.2 through 21.1.5 of this section is not required to attend an IEP Team meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.

21.5.1 A member of the IEP Team described in 21.5 may be excused from attending an IEP Team 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:

21.5.1.1 The parent, in writing, and the public agency consent to the excusal; and

21.5.1.2 The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.

 

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