IEP Team Meeting

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Are excusal forms required only for the four members of the Team or for OT, PT, etc. as well?

If the SAU designates a related service provider as a necessary IEP Team member, the answer is yes.

At every IEP Team meeting for children 3-5 years of age (age group identified under 619), must the Team make a determination about extended school year (ESY) services?

Yes, the IEP team must do this at every IEP Team meeting about children identified under 619.  The Written Notice form now contains a reminder of this. (Added August 2009)

At the high school level, we invite all the teachers (regular education) who see the student: what happens if 2 out of 4 do not show up for the IEP meeting? Do we need to document (Parental Consent for Excusal) for those 2, even if there is one (or more) regular education teachers at the IEP Team meeting?

No, you are only required to have one regular education teacher for the child at the IEP meeting.

Can one individual be the representative of the public agency AND the special education teacher?

Yes, if that person is authorized to commit fiscal and human resources for the SAU.

Could you please give more detail on consolidation of IEP Team meetings?

If feasible, IEP Team meetings may be consolidated. For example, if an annual review and a three-year review are to be accomplished in a close proximity of time, the IEP Team meeting for those two activities could be consolidated. The SAU can conduct the re-evaluation prior to the three years, but is not allowed to extend the annual review date to match the re-evaluation date.

Do teachers have to be listed by name on the meeting invitation or can I simply invite "10th grade teacher(s)"?

The regulation is silent about the level of specificity for the Advance Written Notice of IEP/IFSP Team Meeting about meeting attendees. OSEP has advised SEA’s that the title of the position and not the name of the individual is sufficient in such a notice.

Does anything need to be signed if the PARENT is not attending the meeting? Can the meeting be held without parent? Do we need consent?

The meeting can be held without the parent if the SAU can demonstrate its attempts to reach the parent and they do not show up. If the parent cannot attend the meeting because of scheduling conflicts then the meeting should be rescheduled. If the IEP is due to expire soon, the SAU needs to hold the meeting and develop an IEP.

Does the excusal of a regular education teacher(s) who provides a written report mean that NO regular education teacher ATTENDS the meeting?

Yes.

Does the regular education teacher need to stay for the entire meeting?

The federal regulations are silent on the specific amount of time a regular education teacher must stay at an IEP Team meeting; however, the inclusion of a regular education teacher is for the purpose of ensuring that the Team examines how the IEP aligns with the regular education curriculum and, as such, the regular education teacher should be prepared to attend the entire IEP Team Meeting unless excused pursuant to MUSER VI.2.F.

From a CDS perspective, regarding documenting of the non-attendance of IEP Team member, is each service provided (special education and related services) considered a "curriculum area"?

No, the MUSER VI.2.(3) requires at an IEP/IFSP Team Meeting:
(3) No less than one special education teacher or, where appropriate, not less than one special education provider (licensed or certified special education provider)...

Note: Depending on the needs of the child and to ensure the provision of a FAPE, the SAU may determine that additional Team members may be required.

If a parent brings to the IEP Team meeting an evaluation done by an independent evaluator, who must be there to interpret the findings?

MUSER VI.2.B.(6) states:
"(6) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (2) through (5) of this section."

If a teacher attends an IEP Team meeting and provides verbal input, which is recorded in the minutes and then needs to leave early, is written input still required?

Please remember, IEP meeting minutes are no longer required. Written Notice is required.

Be sure the parent has had sufficient time to ask and respond to any comments made by the regular education teacher.  No written input is required from the teacher.

If a teacher is to be excused from an IEP Team meeting, how far in advance of the meeting MUST the parent be contacted about the excusal?

The U.S. Department of Education Office of Special Education Programs (OSEP) did not define a timeline. To avoid mishaps - advise the parents as soon as possible and discuss whether the parent will agree to written input or whether the meeting must be rescheduled.

If one regular education teacher is attending, do you have to excuse others?

The regulations say there has to be at least one regular education teacher at the IEP Team meeting. If the SAU has one regular education teacher at the IEP Team meeting, the SAU doesn’t need to excuse any other regular education teachers. If the SAU doesn’t have at least one regular education teacher at the IEP Team meeting, there must be an excusal agreement.

If the regular education teacher is sick on the morning of the meeting and there is no written report, may we have a meeting with the parents' excusal?

Yes, the SAU may hold the meeting, without the parent's consent, if another regular education teacher who has knowledge of the curriculum area and of the child can attend the meeting. If another teacher with those qualifications is not available to attend the meeting and there is no written report, the meeting must be rescheduled.

If the SAU wishes to invite outside agencies to an IEP Team meeting, will the requirement for consent from the parent to invite outside agencies override the fact that the law says a public agency MUST invite outside agencies?

There is no override. If the SAU were challenged that it did not invite other agencies which might likely be responsible for providing or paying for transition, the SAU could provide information that they tried to obtain consent and to inform the parents of the need to invite the agency(ies).

If we are talking about math and the regular education teacher in attendance is an English teacher, do we need to have an excusal from?

No. However, depending on the needs of the child and to ensure the provision of FAPE, the SAU may determine that additional team members may be required.

If you have three teachers attend an IEP Team meeting and two leave early, do you have to fill out a document of agreement of excusal?

No, as long as the remaining teacher is a regular education teacher.

Is a face-to-face meeting necessary?

Alternative forms of meeting are possible, i.e., phone meeting, conference call, video broadcasting.

Is there a specific time period in which the written excusal form and the summary statement need to be sent out BEFORE the IEP Team meeting?

No, the IDEA and MUSER leave the timeline up to the SAUs.

May a parent excuse an IEP Team member AT THE TIME of the meeting (i.e., if someone was invited, had planned to attend, but at the last minute was unable to come)?

Yes, there is no timeframe for the excusal.

Representative of agency knowledgeable of resources:  Do they also need to be able to commit financial resources? As has been previously stated in Maine regulations?

Yes. The MUSER Section VI.2.B.(4)(a)-(c) states:

(a) Is qualified to provide or supervise the provision specially designed instruction to meet the unique needs of students with disabilities;

(b) Is knowledgeable about the general education curriculum;

(c) Is knowledgeable about the availability of resources of the local educational agency and has written authorization to obligate the unit…

What does the SAU do if the parent does not want the child at the IEP Team meeting?

Until the child reaches the age of majority or if parental rights have been terminated, the parent has a right to decide if they do not want to their child to attend. A good suggestion would be for the SAU to do some work in helping the parent understand the purpose for having a student attend.

What if a student is not able developmentally to represent their goals/wishes/dreams at the transition IEP team meeting?

If the child does not attend the IEP Team meeting, before the IEP team meeting, the public agency must take other steps to ensure that the child's preferences and interests are considered. For example, parents may represent the child's interests.

What if a student isn't accepted into a vocational program their junior or senior years of HS and that was the plan? We don't have control over our Regional Vocational Programs.

The IEP Team must develop an IEP that the Team feels is needed for the child's academic, functional and developmental needs. If the plan can not be carried out, the IEP Team must meet to determine alternative strategies to meet those needs. It is important to be sure to invite the career and technical education staff to the IEP meeting.

What is the time frame for an IEP Team meeting for transfer of student?

The regulations do not address this timeframe.

IX.3.B.(5)(a)(i-ii)(I-II) states:

(5) Program for Children Who Transfer School Districts.--

(a) In general.

(i) IEPs for Children Who Transfer SAUs in the Same State.—If a child with a disability (who had an IEP that was in effect in a previous SAU in the same State) transfers to a new SAU in the same State, and enrolls in a new school within the same school year, the new SAU (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous SAU), until the new SAU either adopts the child’s IEP from the previous SAU; or develops, adopts, and implements a new IEP that meets the applicable requirements in 300.320 through 300.324. [34 CFR 300.323(e)]

(ii) IEPs for Children Who Transfer From Another State. –If a child with a disability (who had an IEP that was in effect in a previous SAU in another
State) transfers to a SAU in a new State, and enrolls in a new school within the same year, the new SAU (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous SAU), until the new SAU

(I) Conducts an evaluation pursuant to 34 CFR 300.304 through 300.306 (if determined to be necessary by the new SAU); and

(II) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in 34 CFR 300.320 through 300.324. [34 CFR 300.32 3(f)]

Best practice would suggest that this be done as soon as possible.

Per MUSER IX.3.B.(1) children must have an IEP in effect in the beginning of the school year.

What's the time limit for notification/getting permission from student and parent for outside agency to attend transition IEP Team meeting where the child's post-secondary goals and transition will be discussed?

No timeline is given.

You convene the annual IEP review meeting 1 day prior to the expiration of the last IEP and the parent does not attend the meeting. Must the SAU begin the new IEP 7 days later if the parent does not attend?

Complete the Written Notice and send it out immediately.

May a “non-invited” regular education teacher or PT or OT attend the IEP meeting? If so, does the SAU need to not only document that somewhere but also give the reason for the person’s attendance?

Persons in addition to the necessary members of the Team must be invited at the discretion of the SAU or parents, so one or the other must invite them or approve of their attendance and list their names in the AWN. Failure to list an IEP Team meeting attendee on the AWN might allow a parent to veto that person’s attendance.
(Added November 2012)

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