Can An Attorney Come To An IEP Meeting On Behalf of the Parent Or LEA?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, an attorney may attend an IEP meeting if the parents or LEA believe an attorney is needed. However, the presence of an attorney is strongly discouraged as it often sets an adversarial tone for the meeting. If the attorney is coming at the invitation of the LEA they must be included on the notice of meeting provided to the parents. Parents are encouraged, but are not required, to inform the LEA of any additional persons they are bringing regardless of who they are.
In the School District of Oconee County, if a parent brings an attorney to an IEP meeting and the district does not have legal counsel present the meeting is postponed until a mutually agreed upon time when both parties have attorneys. It is extremely important that special education teachers schedule their annual review IEP meetings at least one week in advance of the expiration date of the IEP in the event the meeting needs to be rescheduled for any reason.