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Special Ed 101
Can the school do this???
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<blockquote data-quote="Sheila" data-source="post: 5897" data-attributes="member: 23"><p>Some school districts will take whatever liberties they can get away with. IDEA 2004 does not give school districts the authority to approve or disapprove of individuals invited to the IEP meeting by the parent -- nor did former statute the best that I can tell.</p><p></p><p><a href="https://web.archive.org/web/20070219001737/http://www.wrightslaw.com/law/code_regs/IDEARegs_AppendixA.htm" target="_blank">https://web.archive.org/web/20070219001737/http://www.wrightslaw.com/law/code_regs/IDEARegs_AppendixA.htm</a></p><p></p><p>28. Do parents and public agencies have the option of inviting any individual of their choice be participants on their childs IEP team?</p><p></p><p>The IEP team may, at the discretion of the parent or the agency, include ``other individuals who have knowledge or special expertise regarding the child * * * (Sec. 300.344(a)(6), italics added). Under Sec. 300.344(a)(6), these individuals are members of the IEP team. This is a change from prior law, which provided, without qualification, that parents or agencies could have other individuals as members of the IEP team at the discretion of the parents or agency.</p><p></p><p><strong>Under Sec. 300.344(c), the determination as to whether an individual has knowledge or special expertise, within the meaning of Sec. 300.344(a)(6), shall be made by the parent or public agency who has invited the individual to be a member of the IEP team.</strong> emphasis added</p><p></p><p>Part B does not provide for including individuals such as representatives of teacher organizations as part of an IEP team, unless they are included because of knowledge or special expertise regarding the child. (Because a representative of a teacher organization would generally be concerned with the interests of the teacher rather than the interests of the child, and generally would not possess knowledge or expertise regarding the child, it generally would be inappropriate for such an official to be a member of the IEP team or to otherwise participate in an IEP meeting.)</p><p></p><p>IDEA 2004 incorporates this same citation in <strong>Sec. 300.321(c): Determination of knowledge and special expertise. The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) of this section must be made by the party (parents or public agency) who invited the individual to be a member of the IEP Team.</strong></p><p></p><p></p><p></p><p>I agree. If the parent so deems the person they invite to the meeting, that's the way it is.</p></blockquote><p></p>
[QUOTE="Sheila, post: 5897, member: 23"] Some school districts will take whatever liberties they can get away with. IDEA 2004 does not give school districts the authority to approve or disapprove of individuals invited to the IEP meeting by the parent -- nor did former statute the best that I can tell. [url]https://web.archive.org/web/20070219001737/http://www.wrightslaw.com/law/code_regs/IDEARegs_AppendixA.htm[/url] 28. Do parents and public agencies have the option of inviting any individual of their choice be participants on their childs IEP team? The IEP team may, at the discretion of the parent or the agency, include ``other individuals who have knowledge or special expertise regarding the child * * * (Sec. 300.344(a)(6), italics added). Under Sec. 300.344(a)(6), these individuals are members of the IEP team. This is a change from prior law, which provided, without qualification, that parents or agencies could have other individuals as members of the IEP team at the discretion of the parents or agency. [B]Under Sec. 300.344(c), the determination as to whether an individual has knowledge or special expertise, within the meaning of Sec. 300.344(a)(6), shall be made by the parent or public agency who has invited the individual to be a member of the IEP team.[/B] emphasis added Part B does not provide for including individuals such as representatives of teacher organizations as part of an IEP team, unless they are included because of knowledge or special expertise regarding the child. (Because a representative of a teacher organization would generally be concerned with the interests of the teacher rather than the interests of the child, and generally would not possess knowledge or expertise regarding the child, it generally would be inappropriate for such an official to be a member of the IEP team or to otherwise participate in an IEP meeting.) IDEA 2004 incorporates this same citation in [B]Sec. 300.321(c): Determination of knowledge and special expertise. The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) of this section must be made by the party (parents or public agency) who invited the individual to be a member of the IEP Team.[/B] I agree. If the parent so deems the person they invite to the meeting, that's the way it is. [/QUOTE]
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