IDEIA 2004 section 300.321 clarifies the qualifications of an LEA...
(4) A representative of the public agency who--
(i) Is qualified to provide, or supervise the provision of, specially
designed instruction to meet the unique needs of children with
disabilities;
(ii) Is knowledgeable about the general education curriculum; and
(iii) Is knowledgeable about the availability of resources of the public
agency.
Principals are permitted to authorize a designee that meets LEA eligibility criteria when they are unable to attend an IEP meeting. Rather than considering the position a person holds when selecting a designee (e.g. guidance counselor, speech-language pathologist, special education teacher), it is best practice to consider whether the individual in question meets the specific criteria. Some guidance counselors have special education certification and meet the first criterion...others do not. A speech-language therapist meets the first criterion, but they may not have an understanding of the general education curriculum or availability of resources if they are in their Clincial Fellowship Year. The LEA at an IEP meeting holds a considerable amount of power to authorize services. Principals are advised to select their designee with care.
Friday, November 21, 2008
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