Can School Attorney's Legal Attend IEP Meetings?

Discussion in 'Special Ed 101' started by flutterby, Oct 11, 2011.

  1. flutterby

    flutterby Fly away!

  2. svengandhi

    svengandhi Well-Known Member

    We have never had the SD's attorneys at an IEP meeting. Since H and I are both attorneys ourselves, we have not yet had to go down that path.

    We have met with the SD attorneys outside the confines of a CSE meeting. The SD attorney joked that we were double teaming him but we wound up with what we wanted at that point.
  3. AnnieO

    AnnieO Shooting from the Hip

    I would think - now I have NO background in law, but - the SD attorney would only be able to attend with notice to and agreement of the subject child's parent(s)/legal guardian(s).

    Conversely, if a parent believes it is time to bring in an attorney, notice should be given to the school; but, due to their requirements to provide the child with a FAPE, they would not have the choice of agreement or disagreement. HOWEVER, if the parent advised the school that they were bringing in an attorney, that would then waive the necessity of parental agreement to the school's attorney being present.

    That's a common-sense approach, though...