6B - Excusal of IEP Team Members October 2012

The IEP Team shall follow all applicable district policies and procedural directives in regard to IEP Team membership. The IEP Team Meeting Participants page of the IEP reflects the signatures of the members of the IEP Team who were present and participated in the meeting, and further provides the necessary documentation that the IEP Team meeting was duly constituted.

A required member, also known as a member who is subject to excusal requirements, of an IEP Team shall comply with the provisions of this procedural directive if they will be absent for any part or all of an IEP Team meeting.  Albuquerque Public Schools shall document its compliance with these procedures through the IEP Attendance form.

The IEP Input form shall be used by the regular education teacher for providing written input submitted to the IEP Team and the parent prior to the meeting.  If the student is an elementary school student, the elementary-level version shall be used.  If the student is a middle or high school student, the secondary-level version shall used.

In Albuquerque Public Schools, the person who serves as the Albuquerque Public Schools representative in the IEP Team meeting in question shall be the individual who has the authority to “agree” or “consent” to an excusal of a required member on behalf of Albuquerque Public Schools.  (71 Fed. Reg. 46676 (August 14, 2006))

Discretionary Members Not Subject to Excusal Requirements

If more than one of the above-required members within a particular category is in attendance at the IEP Team meeting, the excusal requirements of parental consent or agreement do not apply to the additional member.  For example, if there are two regular education teachers at the IEP Team meeting, as long as one of the regular education teachers stays for the entire duration of the meeting, the other regular education teacher can be excused at any time without parental agreement or consent.  (34 C.F.R. § 300.321(e) (1))

Similarly, the excusal requirements of parental agreement or consent do not apply to an individual who is invited to attend the IEP Team meeting at the discretion of the parent or the district.  (71 Fed. Reg. 46675 (August 14, 2006))

If one of these individuals is not present, or cannot stay for the entire meeting, the IEP Team meeting may proceed without the member.

Required Members Subject to the Excusal Requirements Who May be Excused under these Procedural Directives

For an IEP Team meeting to be duly constituted, the following IEP Team members shall be present during the entire IEP Team meeting unless excused in accordance with the IDEA:

• Not less than one regular education teacher if the child is, or may be, participating in the regular education environment; and

• Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child.

(34 C.F.R. § 300.321(a))

Excusal from an IEP Team meeting of the above-required members refers to releasing the required member from attending the entire meeting, or granting the required member permission to leave before the meeting has ended.  The criteria for excusal shall be fully satisfied even when the member is seeking permission to leave during the meeting.  If the criteria for excusal set forth below are not satisfied, then the IEP Team meeting shall not proceed without the required member.

Required Members Who May Not Be Excused Under these Procedural Directives

An Albuquerque Public Schools’ representative and an individual who can interpret the instructional implications of evaluation results (who may be one of the other members of the committee) also are required members; and therefore, shall be present during the entire IEP Team meeting.  The Albuquerque Public Schools’ representative may be the principal, assistant principal, diagnostician, IEP specialist or head teacher.  See the “Albuquerque Public Schools IEP Membership Procedural Directive”.  Albuquerque Public Schools shall not permit the Albuquerque Public Schools’ representative or the individual who can interpret the instructional implications of evaluation results (who may be one of the other members of the committee) to be excused from the IEP Team meeting.  If an Albuquerque Public Schools’ representative and an individual who can interpret the instructional implications of evaluation results are not present, then the IEP Team meeting shall not proceed without the required member.

Types of Excusal

There are two different types of excusal.  The first type of excusal   (34 C.F.R. § 300.321(e) (1)) requires parental agreement; the other type of excusal (34 C.F.R. § 300.321(e) (2)) requires parental consent.  Albuquerque Public Schools shall not eliminate the different procedures for the different types of excusals because the IDEA clearly differentiates between circumstances in which parental consent is required and when an agreement is required to excuse an IEP Team member from attending an IEP Team meeting.  (34 C.F.R. § 300.321(e)(1) and (e)(2); 71 Fed. Reg. 46673 (August 14, 2006))

Excusal of required IEP Team members shall not occur on a routine basis.  “Allowing IEP Team members to be excused from attending an IEP Team meeting is intended to provide additional flexibility to parents in scheduling IEP Team meetings and to avoid delays in holding an IEP Team meeting when an IEP Team member cannot attend due to a scheduling conflict.”  (71 Fed. Reg. 46673 (August 14, 2006))

Type I: Excusal for Which Parent Agreement is Required

When an IEP Team member’s area of the curriculum or related services is not being modified or discussed, the required member (regular education teacher, special education teacher or provider of the child) may be excused from all or a portion of the meeting if the following criteria are met:

• Albuquerque Public Schools’ representative and parent agree that the member’s attendance is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting; and
• The agreement is in writing.

(34 C.F.R. § 300.321(e) (1))

The law affords Albuquerque Public Schools wide latitude with respect to the content of the agreement.  Albuquerque Public Schools shall utilize the IEP Attendance form to assure that the criteria for this type of excusal have been met.  (71 Fed. Reg. 46674 (August 14, 2006))

Type 2: Excusal for Which Parent Consent is Required

When an IEP Team member’s area of the curriculum or related services is being modified or discussed, the required member (regular education teacher, special education teacher or provider of the child) may be excused from all or a portion of the meeting if the following criteria are met:

• Albuquerque Public Schools representative and parent consent to the excusal;

• The parent’s consent is in writing and satisfies the requirements of informed consent; and

• The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.

(34 C.F.R. § 300.321(e) (2))

Albuquerque Public Schools shall acquire the parental consent for the excusal of a member who is subject to excusal requirements.  The consent shall satisfy the IDEA requirements of informed consent.  This means that Albuquerque Public Schools shall “provide the parent with appropriate and sufficient information to ensure that the parent fully understands that the parent is consenting to excuse an IEP Team member from attending an IEP Team meeting in which the member’s area of the curriculum or related services is being changed or discussed and that if the parent does not consent the IEP Team meeting must be held with that IEP Team member in attendance.”  (71 Fed. Reg. 46674 (August 14, 2006))

Albuquerque Public Schools shall utilize the IEP Attendance form for obtaining the parent’s consent for an excusal.

In order to be excused from the meeting in whole or in part, the member shall submit to the parent and the IEP Team written input into the development of the IEP prior to the meeting.  The regular education teacher shall complete and provide the IEP Input form to the IEP Team members including the parent in advance of the meeting if he/she is excused.  The special education teacher or provider of the child is expected to give the IEP Team members including the parent his/her draft IEP generated in TIENET in advance of the meeting if he/she is excused.

Excused members shall document the fact that the parent and the IEP Team were provided written input in advance of the IEP Team meeting and that documentation shall be presented to the Albuquerque Public Schools representative before the IEP Team meeting begins.

Timelines

The U.S. Department of Education has declined to regulate the timelines for obtaining parental agreement or consent for the excusal of a member because IDEA does not specify how far in advance of an IEP Team meeting a parent shall be notified of the district’s request to excuse a member from attending an IEP Team meeting.  IDEA also does not specify when a parent must sign a written agreement or provide consent to excuse an IEP Team member.

Administrative Position: Chief Academic Officer

Department Director: Executive Director of Special Education

References

Legal Cross Ref.:

• 71 Fed. Reg. 46673
• 71 Fed. Reg. 46675
• 71 Fed. Reg. 46676
• 34 C.F.R. § 300.321

Board Policy Cross Ref.:

• II Special Education

Procedural Directive Cross Ref.:

• Special Education – Consent

Forms:

• IEP Attendance (contact Special Education)
• IEP Input (Elementary) (contact Special Education)
• IEP Input (Secondary) (contact Special Education)
• IEP – Meeting Participants section (contact Special Education)

NSBA/NEPN Classification: IHBA

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

This page was last updated on: April 27, 2011.