What Should the IEP Team Do If Any Required Member of the IEP Team Who is Invited to Attend, And Is Not Excused, Does Not Show Up For the Meeting?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, if a required member, whose area of the curriculum or related services is being discussed or modified, has not been excused from the IEP team meeting, by consent of the parent and the LEA, and has not provided input into the development of the IEP in writing prior to the meeting, the LEA must reschedule the meeting for a time when all required members can be present or can be officially excused, and, if necessary, provide written input into the meeting. To conduct an IEP meeting without all of the required IEP Team members present or having the appropriate excusals is not legally compliant.

I highly recommend scheduling annual review meetings at least one week in advance just in case one of the necessary participants does not show up and the meeting has to be rescheduled.

What if the Child Does Not Want the Parent to Attend the IEP Meeting? Is it Mandatory to Send the Notice to Both?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, for children under the age of 18, the parent is a required member of the IEP team and must attend the IEP team meeting. The notice must be sent to the parent and if the child is invited to the IEP team meeting, the notice may be sent/given to the child, or the child may be invited verbally. Once the child turns age 18, the LEA is required to send the notice to both the parent and the adult student. However, the parent has no right to attend the meeting unless invited by the student or the LEA as a person with knowledge or expertise about the student.

Can The IEP Team Develop A Draft IEP Prior To The IEP Team Meeting?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the answer is "yes". A draft IEP may be developed before any IEP meeting. However, in order to ensure full team participation in the development of the IEP, the IEP may not be completed before the IEP team meeting. Members of the IEP team may come with evaluation findings and recommended IEP components, but should make it clear to the parents that these are only suggestions and the parents' input is required in making any final recommendations. If LEA personnel bring drafts of some or all of the IEP content to the IEP meeting, there must be a full discussion with the IEP team, including the parents, before the child's IEP is finalized, regarding content, the child's needs and the services to be provided to meet those needs. Parents have the right to bring questions, concerns, and recommendations to an IEP meeting for discussion (Federal Register, August 14, 2006, p. 46678).

After The Child Is Age 13 or Older, Is The LEA Required To Provide The Child With His Or Her Own Seperate IEP Meeting Notice?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the answer is "no". The LEA is not required to send the child his or her own separate notice; however, children ages 13-17 must be invited with documentation of their participation in the IEP meeting or input into the IEP. After the age of majority (18 in South Carolina), the LEA MUST provide any Notice to BOTH the adult student and the parents. The parents are only notified of the meeting. To attend the meeting, they must be invited by their child or the LEA.

What Should The IEP Team Do If A Child Moves To The LEA With No Records or IEP At All?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the provision of the special education and related services the child needs in order to receive a free and appropriate public education and to progress in the general curriculum should not be withheld pending the receipt of records when the LEA knows the child has been identified as a child with a disability and has an IEP.

If the new LEA has no records and no documentation at all that the child was receiving special education services in the previous LEA, then the child must be placed in the general education setting until such time as the new LEA receives the documentation or conducts an initial evaluation.

May Parents Sign a Waiver Stating They Do Not Wish to Receive Additional Copies of the Parent Rights Notice This Year?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, it is permissible for the LEA to send the notice through electronic mail communication if the parent agrees to it and the LEA makes that option available (34 C.F.R. section 300.505). It is permissible for the parents to refuse the Parent Rights Notice after the LEA has offerred it, or to return the document to the LEA. The LEA must document that they provided the notice at the required times.

The Parents Rights Notice must be given to parents, at a minimum:

1. Only one time in a school year; and
2. Upon initial referral or parent request for evaluation;
3. Upon receipt of the first formal complaint to the State in a school year;
4. Upon receipt of the first due process complaint in a school year;
5. Upon initiation of a disciplinary change of placement; and
6. Upon parent request.
   

If a Child Has Many General or Special Education Teachers and Related Services Personnel, Which One Must Attend the IEP Team?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, not less than one general education teacher of the child and not less than one special education teacher or related services personnel who is or will be working with the child, must attend the IEP meeting. The LEA may designate which teacher or teachers will servie as IEP team member(s), taking into account the best interests of the child. The general education teacher who serves as a member of the child's IEP tream should be one who is, or may be responsible for implementing a portion of the IEP. More than one teacher may attend as appropriate.

Must Students Incarcerated in Adult Prisions Take State- and District-Wide Assessments?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the answer is "no". The 34 C.F.R section 300.324(d) requirements relating to students with disabilities taking state- and district-wide assessments do not apply to students incarcerated in adult prisions. Students, even if convicted as adults, in local or state juvenile correctional facilities, however, are not exempted from taking state- and district-wide assessments and must participate in testing.

Do IEP Team Members' Signatures on the IEP Constitute Consent to the Contents of the IEP?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the answer is "no". IEP team members' signatures on the IEP only indicate who was present and participated in the development, review, and revision of the IEP. Signatures on the IEP do not constitute consent or agreement. For this reason, no one should sign the IEP who did not attend and did not participate in the IEP team meeting.

What Should the LEA Do if the Child's Only Parent is in Jail and Will Not Be Released Before the IEP Annual Review Date?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, if neither parent is able to attend the IEP team meeting, the LEA still must take steps to ensure parent participation, including individual or conference telephone calls. Depending upon the facility, it may even be possible to hold the IEP team meeting at the jail. Incarceration of a parent does not invalidate the parent's right to participate in the development, review, and revision of their child's IEP.

In cases where a parent is unresponsive, lives a great distance from their child's LEA, or is incarcerated, the LEA may obtain written authorization from the parent to appoint a surrogate parent to represent the child after the initial consent for placement has been obtained. Parent permission for the appointment of a surrogate parent must be voluntary and explicitly authorized in writing and is revocable at anytime. The surrogate parent, once appointed, may then represent the child until such time as the parent revokes authorization.

What Happens When the IEP Team Cannot Reach an Agreement?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the IEP team should work toward consensus. It is not appropriate for an IEP team to make IEP decisions based upon a majority vote. If the IEP team cannot reach agreement, the LEA representative at the meeting has the ultimate authority to make a decision and then to provide the parents with Prior Written Notice.

How Can the Accomplishment of Short-Term Objectives be Demonstrated?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, there is no specific format for short-term objectives as prescribed by law. So long as the short-term objectives are measurable intermediate steps that "enable a child's teachers(s), parents, and others involved in developing and implementing the child's IEP to gauge, at intermediate times during the year, how well the child is progressing toward achievement of the annual goal," they are legally compliant.

May Teachers Develop Their Own Assessments, Including Rubrics and Informal Probes, as Criteria for the Measurable Annual Goals?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the answer is YES...so long as the assessments contain specific objective, measurable criteria that are aligned with local curriculum and instruction. Personal opinions and other subjective measures are not appropriate. If a teacher-made assessement is developed to establish baseline data in the present levels and the measurable annual goal, it should be attached to the IEP so that anyone who may become involved in implementing the IEP can use it to develop approprate instructional plans and assess child progress as necessary.