IDEA says that schools have to “ensure that the IEP Team for each child with a disability includes—(1) The parents of the child.”

A few notes on that. 1) After services have begun, schools can hold meetings without parents if they have documented attempts to reach the parents. 2) Parent is the umbrella term in IDEA to include anyone with educational rights of a child, whether that is a foster parent, grandparent, or biological parent.

What IDEA says in 34 C.F.R. § 300.322 about holding a meeting without the parent:

(c) Other methods to ensure parent participation. If neither parent can attend an IEP Team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with §300.328 (related to alternative means of meeting participation).

(d) Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as—

(1) Detailed records of telephone calls made or attempted and the results of those calls;

(2) Copies of correspondence sent to the parents and any responses received; and

(3) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

If a student is at a school with any general education students, a general education teacher needs to be at the meeting. Note that IDEAs says that is true even if the student is not currently participating in general education– it says if the child “may be” participating in general education, a teacher needs to be there. The general education teacher’s job is to speak to the expectations of the general education environment and curriculum, which they can do even if they do not currently teach the student, but might in the future.

Note that general education teachers can be excused from the meeting if the parent consents in writing and the teacher provides written input for the meeting.

What IDEA says about the general education teacher in 34 C.F.R. § 300.321(a)(2):

Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

What IDEA says about excusals from the meeting in 34 C.F.R. § 300.321(e):

(e) IEP Team attendance.

(1) A member of the IEP Team described in paragraphs (a)(2) through (a)(5) of this section is not required to attend an IEP Team meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.

(2) A member of the IEP Team described in paragraph (e)(1) of this section may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if—

(i) The parent, in writing, and the public agency consent to the excusal; and

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

A special education teacher always has to be at the meeting. I have never heard of an excusal for a special education teacher– they generally write the IEPs and the meeting will be rescheduled if they can’t make it.

What IDEA says about the  special education teacher in 34 C.F.R. § 300.321(a)(3):

(3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;

A district representative, called an LEA (local education agency), has to be at the IEP as well. At many schools, this is the principal or other administrator. At others, however, this can be the special education teacher. The law just says that they have to understand the general education curriculum, what the district can offer, and be qualified to teach or supervise special education.

What IDEA says about the LEA in 34 C.F.R. § 300.321(a)(4):

(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.

Basically, if evaluations are going to be discussed, the people who are doing or did them are supposed to be at the meeting. Someone needs to be at the meeting who is capable of interpreting the results. That means that if the team is planning evaluations or going over them, you need an evaluator to speak to what was done. However, if there are no evaluations being discussed, you don’t need these people at the IEP.

What IDEA says about the evaluator in 34 C.F.R. § 300.321(a)(5)

(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section;

If the parent needs a translator, the district has to provide one for IEP meetings at no cost to the parent. They also have to get all special education materials translated before they are sent home to parents. Note that the IEP meeting translation languages include ASL.

What IDEA says about translators in 34 C.F.R. § 300.322: 

(e) Use of interpreters or other action, as appropriate. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

Beyond those core groups, both parents and the school can invite other people to the IEP. Parents can invite friends, family members, or anyone else who has knowledge of the child (and can support the parent in the meeting). School’s can invite other people, including related service providers or other school staff members (like additional administrators for dicey meetings).

What IDEA says about other people in 34 C.F.R. § 300.321(a)(6)

(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

Up until transition age (aka high school), the student should be at the IEP “when appropriate.” That can mean attending a whole meeting or just parts.

What IDEA says about the student at IEP meetings in 34 C.F.R. § 300.321(a)(7)

(7) Whenever appropriate, the child with a disability.