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6A - IEP Team Membership and Participants

When to Convene an IEP Team Meeting

An IEP Team meeting must be held to review the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved.  (34 C.F.R. § 300.324(b)(1)(i))

The IEP Team must revise the IEP as appropriate to address:

  • Any lack of expected progress toward the annual goals described in §300.320(a)(2), and in the general education curriculum, if appropriate;
  • The results of any reevaluation conducted under §300.303;
  • Information about the child provided to, or by, the parents, as described under §300.305(a)(2) [review of existing evaluation data];
  • The child’s anticipated needs; or
  • Other matters.

(34 C.F.R. § 300.324(b)(1)(ii))

Amending the IEP without a Meeting

After the annual IEP Team meeting for a school year, in making changes to a child’s IEP the parent of a child with a disability and Albuquerque Public Schools may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.  (34 C.F.R. § 300.324(a)(4)(i))

Albuquerque Public Schools designates the Special Education Instructional Manager as the individual with the authority to enter into such an agreement with the parent to amend the IEP without a meeting.

If the IEP is amended by agreement without convening an IEP Team meeting, Albuquerque Public Schools shall provide prior written notice to the parents of the amendments a reasonable time before Albuquerque Public Schools implements the amendments.  (OSERS Questions and Answers on Individualized Education Programs, Evaluations, and Reevaluations, 47 IDELR 166 (January 1, 2007))

If changes are made to the child’s IEP by agreement without a meeting, Albuquerque Public Schools shall ensure that the child’s IEP Team is informed of those changes.  (34 C.F.R.  § 300.324(a)(4)(ii))

IEP Team Membership and Participants

The IEP Team Meeting Participants page of the IEP shall reflect the members of the IEP Team who were present and participated in the IEP Team meeting, and shall further provide the necessary documentation that the IEP Team meeting was duly constituted.  The names of the IEP Team meeting participants shall be typed as well as their participation reflected by their signature.  The signature page shall be scanned into TIENET.

Parents shall be invited to attend the IEP Team meeting using either the Parent Invitation to EDT/IEP Team Meeting form or the Parent Invitation to EDT/IEP Team Meeting for Transition form, as appropriate.  Efforts to convince the parent to participate in an IEP Team meeting shall be documented via the events function of TIENET.

If someone other than school official with a legitimate educational interest is invited to attend the meeting, Albuquerque Public Schools shall give notice and obtain parental consent to release confidential information, prior to the meeting, from the parent since confidential student information is shared during an IEP Team meeting, using the Notice for Consent to Release Confidential Information form.

Each IEP Team meeting shall be duly constituted, as follows:

  • The parents of the child;
  • A representative of the public agency;
  • Not less than one regular education teacher if the child is, or may be, participating in the regular education environment;
  • Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
  • An individual who can interpret the instructional implications of evaluation results (who may be one of the other members of the team);
  • The child, whenever appropriate, including if a purpose of the meeting will be the consideration of postsecondary goals for the child and the transition services needed to assist the child in reaching those goals; and
  • When transition services will be considered, to the extent appropriate and with consent of the parent or adult student, a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

(34 C.F.R. § 300.321(a))

A required member of an IEP Team shall comply with the “Albuquerque Public Schools IEP Excusal of Members Procedural Directive” if they will be absent for any part or all of an IEP Team meeting.

At the discretion of the parent or Albuquerque Public Schools, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate, may be invited to the IEP Team meeting.  The determination of the knowledge or special expertise of the individual shall be made by the party (parents or Albuquerque Public Schools) who invited the individual to be a member of the IEP Team.  (34 C.F.R. § 300.321(b) (6))

Albuquerque Public Schools shall invite an appropriate related service provider to attend an IEP Team meeting if the IEP Team is considering proposing related services, a change in related services, or discontinuation of related services; or obtain the related service provider’s input through other means.

Albuquerque Public Schools shall be responsible for determining the specific personnel to fill the roles for the required participants at the IEP Team meeting.  For example, if the child has more than one regular education teacher, Albuquerque Public Schools will determine which regular education teacher will fill the role of regular education teacher at the IEP Team meeting.  A parent shall not have a legal right to require other members of the IEP Team (e.g., the child’s other regular education teacher(s)) to attend an IEP Team meeting.  Therefore, if a parent/legal guardian invites other Albuquerque Public Schools personnel who are not designated by Albuquerque Public Schools to be on the IEP Team (including persons with knowledge or special expertise other than a required member), they are not required to attend.  (71 Fed. Reg. 46674 (August 14, 2006))  If Albuquerque Public Schools personnel who are not designated by Albuquerque Public Schools to be on the IEP team choose to attend an IEP they shall be required to follow all appropriate leave policies and procedural directives for the time they are absent due to participation in the IEP.

Parents of the Child

Albuquerque Public Schools shall ensure parent participation in the IEP Team meeting including by providing the parent with a Parent Invitation to EDT/IEP Team Meeting form.  If the IEP Team will discuss transition, Albuquerque Public Schools shall ensure parent participation in the IEP Team meeting by providing the parent with a Parent Invitation to EDT/IEP Team Meeting for Transition form.  Efforts to convince the parent to participate in an IEP Team meeting shall be documented via the “Events” function of TIENET.

An IEP Team meeting may be conducted without a parent only when Albuquerque Public Schools is unable to convince a parent to participate in an IEP Team meeting.  (71 Fed. Reg. 46679 (August 14, 2006))

Albuquerque Public School Representative

The principal, assistant principal, diagnostician, IEP specialist, and/or head teacher may serve as the Albuquerque Public School representative in an IEP Team meeting since these individuals have been determined by Albuquerque Public Schools to meet the following IDEA requirements:

  • Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of the child;
  • Is knowledgeable about the general curriculum; and
  • Is knowledgeable about the availability of school district resources.

The individual assigned to serve as the Albuquerque Public Schools representative in an IEP Team meeting shall have the authority to commit Albuquerque Public Schools resources and shall be able to ensure that whatever services are described in the IEP will be provided.  Albuquerque Public Schools recognizes that the principal, assistant principal, diagnostician, IEP specialist, or head teacher serving as the Albuquerque Public Schools representative in an IEP Team meeting has the authority to commit Albuquerque Public Schools resources.  (71 Fed. Reg. 46671 (August 14, 2006))

Regular Education Teacher

If the child has more than one regular education teacher, Albuquerque Public Schools shall determine which particular teacher or teachers are a member of the IEP Team.  The regular education teacher must be a teacher of the child, unless the child does not have a regular education teacher.  (71 Fed. Reg. 46670 (August 14, 2006))

Special Education Teacher/Provider of the Child

The special education teacher or provider shall be a special education teacher or provider of the child, unless the child has not been receiving special education services.  If the child has more than one special education teacher or provider, Albuquerque Public Schools shall determine which particular teacher or teachers is a member of the IEP Team.  The special education teacher or provider who is a member of the child’s IEP Team may be the person who is, or will be, responsible for implementing the IEP.  For example, if the child’s disability is a speech impairment, the special education teacher or special education provider could be the speech language pathologist.   (71 Fed. Reg. 46670 (August 14, 2006))

Individual Who Can Interpret the Instructional Implications of Evaluation Results

The individual who can interpret the instructional implications of evaluation results may be one of the other members of the IEP Team.  If an IEP Team member is serving in this dual capacity, that member shall designate his/her dual capacity by recording his/her name on the IEP Team Meeting Participants page next to each of his or her roles.  (34 C.F.R. § 300.321(a)(5))

Generally, a special education teacher, IEP specialist, diagnostician, or speech language pathologist is qualified to interpret the instructional implications of evaluation results.

“An individual who is qualified to conduct a particular assessment may not necessarily have the skills or knowledge to assist the IEP Team in determining the special education, related services, and other supports that are necessary for the child to receive FAPE.”  (71 Fed. Reg. 46670 (August 14, 2006))

Therefore, an individual who is qualified to interpret the instructional implications of evaluation results does not have to be qualified to conduct the underlying diagnostic assessments.

Child with a Disability

Generally, a child with a disability should attend the IEP Team meeting if the parent decides that it is appropriate for the child to do so.  If possible, Albuquerque Public Schools and the parent may discuss the appropriateness of the child’s participation before a decision is made, in order to help the parent determine whether or not the child’s attendance would be helpful in developing the IEP or directly beneficial to the child, or both.  (71 Fed. Reg. 46671 (August 14, 2006))

Albuquerque Public Schools shall invite a child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting will be the consideration of the post-secondary goals for the child and the transition services needed to assist the child in reaching those goals, regardless of whether the child has reached the age of majority.  (34 C.F.R.  § 300.321(b)(1))

However, until the child reaches the age of majority under New Mexico law, unless the rights of the parent to act for the child are extinguished or otherwise limited, only the parent has the authority to make educational decisions for the child under the IDEA, including whether the child should attend an IEP Team meeting.  (71 Fed. Reg. 46671 (August 14, 2006))

Outside Agencies and Transition Services Participants

If Albuquerque Public Schools wishes to invite officials from an outside agency, Albuquerque Public Schools shall obtain parental consent, as set forth in the “Albuquerque Public Schools Consent Procedural Directive,” for the individual to participate in the IEP Team meeting because confidential information about the child from the child’s education records would be shared at the meeting.  (71 Fed. Reg. 46669 (August 14, 2006))

Albuquerque Public Schools shall invite an outside agency, or agencies, as appropriate, to an IEP Team meeting during which transition services for the student will be discussed.   In determining whether to invite an outside agency to an IEP Team meeting, Albuquerque Public Schools may consider such factors as whether a purpose of the IEP Team meeting will be the consideration of the post-secondary goals for the child and the transition services needed to assist the child in reaching those goals; and whether there is a participating agency likely to be responsible for providing or paying for the child’s transition services.   The decision of whether it would be appropriate to invite outside agencies rests with Albuquerque Public Schools and the parents or the child who has reached the age of majority, provided that the parents or the child who has reached the age of majority consents to the invitation.  If the parent, or the child who has reached the age of majority, refuses to consent, Albuquerque Public Schools shall not invite a representative of that agency to attend the child’s IEP Team meeting.  (OSEP Letter to Caplan (March 17, 2008); OSEP Letter to Gray (March 17, 2008); 34 CFR §300.320(b); 71 Fed. Reg. 46672 (August 14, 2006))

Administrative Position: Chief Academic Officer

Department Director: Executive Director of Special Education

References

Legal Cross Ref.:

For more information about the legal references below, refer to the following sites:

Board Policy Cross Ref.:

Procedural Directive Cross Ref.:

Forms:

NSBA/NEPN Classification: IHBA

Introduced: April 1, 2011
Reviewed: April 12, 2011
Adopted: April 22, 2011
Reviewed: October 12, 2012
Revised: October 12, 2012

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