10 day notice

Discussion in 'Special Ed 101' started by JJJ, Sep 21, 2007.

  1. JJJ

    JJJ Active Member

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

    Sheila Moderator

    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.

  3. DFrances

    DFrances Banned

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

    Sheila Moderator

    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.
  5. Martie

    Martie Moderator


    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:
  6. Sheila

    Sheila Moderator

    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
    Changes: None.
  7. Martie

    Martie Moderator

    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?

  8. Sheila

    Sheila Moderator

    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
  9. JJJ

    JJJ Active Member


    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.