10 day notice

[JJJ]

If I'm the one calling for an IEP meeting, can I still demand 10-day notice on the date picked by the school??

 

[Sheila]

The Fed regs do not stipulate a specific time. It's my understanding that this particular item is left to SEAs. However, as with any meeting, the meeting should be at a mutually agreeable time.

From: http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CD%2C300%252E322%2C :

Regulations: Part 300 / D / 300.322
Sec. 300.322 Parent participation.

(a) Public agency responsibility-general. Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including--

(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(2) Scheduling the meeting at a mutually agreed on time and place.

in my opinion, it would be wise for school districts to follow procedure and send out their notice. However, a parent can waive the notice. I've signed more than one waive at an IEP meeting when we needed to take action quickly.

 

[DFrances]

After a child is found eligible, a meeting must be held within 30 days to develop to the IEP.

 

[Sheila]

Hi Dore

JJJ's difficult child has an IEP in place. Her question pertains to a parent called team meeting rather than the initial IEP eligibility meeting.

 

[Martie]

Sheila,

Unless IDEA 2004 amended this (and I am STILL working on having every relevant change committed to memory), if the SD proposes a meeting, then the parent is entitled to 10 day notice, so that the SD can't "spring" a meeting that the parent does not have time to prepare for. If the time proposed (at least 10 days out) is unacceptable, then the "mutually agreeable" clause kicks in.

I am not sure, however, if the process works that way in reverse...Does the parent have to propose a meeting at least 10 days out to the SD? As with most time lines, suspending them is common if there is mutual agreement.

However, we wouldn't be moderating this section of the Board if there were a lot of "mutual agreement." :nonono:

Martie :warrior:

 

[Sheila]

However, we wouldn't be moderating this section of the Board if there were a lot of "mutual agreement."

Tis true. lol

Since becoming involved with the "sp ed" system at our district, the notice has always been 5 days. (And I've always had it rescheduled if the timing will not work for me.)

I haven't done extensive research to locate any caveats, but maybe this will help clarify? From https://web.archive.org/web/2008051...0/edocket.access.gpo.gov/2006/pdf/06-6656.pdf

Parent Participation (§ 300.322)
Public Agency Responsibility—General
(§ 300.322(a))
Comment: A few commenters
recommended that the notice of the IEP
Team meeting include a statement that
the time and place of the meeting are
negotiable and must be mutually agreed
on by the parent and public agency.
Other commenters recommended that
the regulations emphasize the need for
flexibility in scheduling meetings so
that districts make every effort to secure
parent participation in meetings.
Many commenters requested that the
regulations specify how far in advance
a public agency must notify parents of
an IEP Team meeting. One commenter
recommended requiring that parents be
notified a minimum of five school days
before the date of the meeting.
Discussion: We do not agree with the
changes recommended by the
commenters. Section 300.322(a) already
requires each public agency to take
steps to ensure that one or both parents
are present at each meeting, including
notifying parents of the meeting early
enough to ensure that they have an
opportunity to attend, and scheduling
the meeting at a mutually agreed on
time and place. We believe that these
requirements are sufficient to ensure
that parents are provided the
opportunity to participate in meetings.
We also believe that State and local
officials are in the best position to
determine how far in advance parents
must be notified of a meeting, as this
will vary based on a number of factors,
including, for example, the distance
parents typically have to travel to the
meeting location and the availability of
childcare.
Changes: None.

 

[Martie]

Thanks, Sheila. The "10 day rule" must be IL code.

It is always hard for me to keep them straight because usually we are functioning mainly in one state.

I stand corrected by your citation to Federal law: however, it is 10 days in IL --it's printed all over the compliance checklists.

Do you think we will become "unemployed" in the near future?

Martie

 

[Sheila]

It is hard to keep the fed allowed differences straight. I think there should be a 10-day rule on this issue. I also think there are many parents that are not aware that as with any meeting, an IEP meeting can be rescheduled by the parent. The "mutual agreement" should be bolded.

Nay on the unemployment. "Liberties" being taken by sds is still live and well. lol

 

[JJJ]

Thanks!

I'm going to decline the meeting this week based on a previous conflict (we're doing a homeschool field trip) and ask them to reschedule for late next week. I want another week or so of homeschooling so that I can be sure that it is going to work before I fully commit.