IEP Meetings

An IEP team meeting is conducted in accordance with special education law and regulations and includes a group of individuals who are responsible for:

• evaluating and identifying students with disabilities;

• developing, reviewing, or revising IEPs for students with disabilities;

• determining the placement of students with disabilities in the LRE;

• implementing all parts of the IEP once it is developed;

• monitoring progress and IEP implementation; and

• making manifestation determinations.

IDEA only requires that each student’s IEP be reviewed periodically, but not less than annually. Therefore, an IEP team meeting must be held at least once a year. IEP meetings are appropriate and should be convened for any of the following reasons:

• upon receipt of new information regarding the student's disability;

• when the student displays changes in academic, social, or emotional performance or new behaviors that are impacting the student's performance in school;

• if a student is not making progress on IEP goals;

• upon request by a school team member or parent/guardian for new or additional evaluations of the student;

• when significant changes to the IEP are being proposed, such as changes in placement; or

• upon parent request to share, obtain, or review new or existing information or data regarding the student.

At a minimum, each IEP team must include the following:

• The parents/guardians of a child with a disability.

• At least one regular/general education teacher who instructs the student (if the child is or may be participating in the regular/general education environment). For example, if a student is in self-contained classes with the exception of a physical education class, then the physical education teacher would be invited as the regular/general education teacher on the IEP team.

• Not less than one special education teacher who instructs or provides services to the child.

• An MCPS representative, such as an administrator or designee, who is:

  • • • • qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities;

        • knowledgeable about the general education curriculum; and

        • knowledgeable about the availability of MCPS resources.

• An individual who can interpret the instructional implications of evaluation results; and

• During the year the student turns 14 years old and each subsequent year, the student must be invited.

At the discretion of parents/guardians or MCPS, other individuals who have knowledge or special expertise regarding the student, such as related services providers, may participate in the IEP meeting. It is MCPS practice to have the professionals who are most qualified in the student’s suspected disability and who have conducted recommended assessments attend the IEP team meeting.

An interpreter must be provided if the parents’/guardians’ native language is not English or if the parents require a sign language interpreter. An interpreter can be requested through the MCPS Language Assistance Services Unit by using the Language Assistance Request Information System, or by using MCPS Form 311-10, Request for Interpretation Services.

The general education teacher of a child with a disability must participate in the development, review, and revision of the student’s IEP, including assisting in the determination of:

• appropriate positive behavioral interventions and supports and other strategies for the student; and

• supplementary aids and services, program modifications, or supports, based on peer-reviewed research to the extent practicable, or for the assignment of school personnel provided for the student to:

  • • advance appropriately toward attaining the annual goals;

    • be involved in and make progress in the general curriculum;

    • participate in extracurricular and other nonacademic activities; and

    • be educated and participate with other children with disabilities and nondisabled children.

If the student has more than one general education teacher, the principal/designee may designate which teacher(s) will participate on the IEP team. The input of all of the student’s general education teachers should be sought, regardless of whether they attend. Additionally, the student’s IEP must be accessible to each teacher who is responsible for its implementation.

If a student is being educated in a program in which the student has no general education classes, a general educator is not required to attend the meeting.

If a student is younger than school age, the regular educator shall be an individual qualified to teach a student of the student’s age. IEP teams addressing the needs of preschool children who attend private childcare or preschool settings should seek direct input from the staff members of these facilities.

The IEP team should attempt to obtain information from private or religious school staff members who teach students who are not attending an MCPS school. Further, a representative of the private or religious school shall be invited to each IEP meeting. If the representative cannot attend, the IEP team shall use other methods to encourage participation by the private or religious school, including, for example, gathering student progress reports, grades, and assessment information.

IEP meetings can be convened in a variety of ways. When scheduling meetings, determine what meeting format works best for the team. Teams may elect to convene meetings in any of the following ways:

• In-person meetings;

• Video conferences;

• Telephone conference calls; or

• Any other means that meet the needs of the team and ensure meaningful participation by all team members.

It may be necessary to use more than one of the above methods of participation to ensure meaningful participation for team members.

School staff members should work to identify mutually agreeable dates and times with parents/guardians to ensure participation in IEP meetings. Once a date is identified, parents/guardians shall receive at least 10-calendar days’ written notice of IEP team meetings.

If an expedited meeting is being held for the following reasons, 10-calendar days notice is not required; however, written notice shall be provided:

• Address disciplinary issues (manifestation determination meeting).

• Determine the placement of a student with a disability who is not currently receiving educational services.

• Meet other urgent needs of the student to ensure the provision of FAPE.

• When an expedited meeting must be held, the parents/guardians may be initially contacted by telephone or email; however, written notice of the meeting will be provided as soon as practicable prior to the meeting convening.

The notice must be provided in language that is understandable to the general public. The notification must include the purpose, time, date, location of the meeting, and the titles of all attendees. If the meeting will be for various purposes, each purpose shall be documented on the notice to provide parents/guardians with adequate information to prepare for meetings.

Excusal when an area of curriculum or related services is not being reviewed. A member of the IEP team is not required to attend an IEP team meeting, in whole or in part, if the parent of a student with a disability and the public agency agree that attendance is not necessary because the member's area of curriculum or related services is not being modified or discussed.

Excusal when an area of curriculum or related services is being reviewed. A member of the IEP team 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 curriculum or related service, if, before the IEP team meeting:

• • • The parent and the public agency consent to the excusal of the IEP team member; and

    • The member submits a written summary of input into the development of the IEP to the student's parent and the IEP team.

Agreements regarding nonattendance or excusal from IEP meetings shall be in writing.

A public agency shall take steps to ensure that one or both of the parents/guardians of the student with a disability are present or are afforded an opportunity to attend and participate at meetings of the IEP team.

If neither parent/guardian can attend an IEP team meeting, MCPS must use other methods to ensure parent/guardian participation, including individual, video conference, or teleconference calls.

An IEP team meeting may be conducted without a parent/guardian in attendance if the public agency:

• • • Is unable to convince the parent to attend; and

    • Has a record of its attempts to arrange a mutually agreed on time and place, such as:

      • • Detailed records of telephone calls made or attempted and the results of those attempts,

        • Copies of correspondence sent to the parent/guardian and any responses received, or

        • Detailed records of visits made to the parent's/guardian's home or place of employment and the results of those visits.

MCPS generally makes three documented attempts to hold a meeting with the parent/guardian in attendance prior to convening the meeting in the parent's/guardian's absence. After the third unsuccessful attempt to encourage parent participation, the IEP team should document efforts to reach the parent/guardian and the reasons why the team has determined that it must proceed in the parent's/guardian's absence. The primary reason for proceeding with the meeting shall be the need to ensure FAPE for the student.

Copies of letters and/or emails sent and documentation of any telephone calls should be maintained in the student’s confidential file. If the purpose of the IEP meeting is to develop an initial IEP, the team may proceed with the meeting; however, if subsequently, the parent/guardian refuses to provide written consent to initiate services the IEP shall not be implemented, and MCPS is not permitted to request mediation or a due process hearing to attempt to obtain permission to implement the IEP.

The IEP team meeting serves as a communication vehicle between the parents/guardians and school staff members. The meeting enables the parents/guardians and staff members to collaboratively make informed decisions regarding:

• • • eligibility for services;

    • student’s needs and appropriate goals;

    • extent to which the student will be involved in the general education environment and state- and districtwide assessments; and

    • services needed to support that involvement and participation and to achieve agreed-upon goals.

The IEP team must consider the parent’s/guardian’s concerns and the information they provide regarding the child in making eligibility decisions, developing, reviewing, and revising IEPs, in accordance with the Federal Registrar, March 12, 1999 (Volume 64, Number 48, Pages 124743-12474).

The IEP team should work toward consensus, but the public agency has the ultimate responsibility to ensure that the IEP includes the services that the child needs to receive FAPE. It is not appropriate to make IEP decisions based upon a majority “vote.” If the team cannot reach a consensus, the public agency must provide the parents/guardians with Prior Written Notice (PWN) of the agency's proposals and/or refusals regarding the child's educational program, and the parents/guardians have the right to seek resolution of any disagreements by initiating an impartial due process hearing or requesting mediation.

Every effort should be made to resolve differences between parents/guardians and school staff members through voluntary mediation or some other informal step, without resorting to a due process hearing. However, mediation or other informal procedures may not be used to deny or delay a parent’s/guardian’s right to a due process hearing or to deny any other rights afforded under IDEA.

Consensus is a group process where the input of the IEP team participants, including parents/guardians, is carefully considered and an outcome is crafted that meets the educational needs of the student with a disability. The IEP chairperson is responsible for facilitating the IEP team meeting in a manner that ensures that each IEP team participant has an equal opportunity for input and fosters clear communication amongst IEP team members during the meeting. If consensus cannot be met by IEP team participants within the public agency, the IEP chairperson develops an outcome that fully considers all IEP team participants’ contributions to the discussion.

IEP team meetings should be scheduled so that all the purposes of the meeting can be addressed within the allotted time. When a team is unable to complete all of the decision-making and the meeting must be continued, another meeting should be scheduled before the parents/guardians leave the meeting. The parents/guardians must be sent an invitation to the continued meeting. Unless there is a mutually agreed upon date to continue the meeting, the parents/guardians must be provided with 10-days notice. Parents/guardians can agree in writing to a meeting within fewer than 10 days.

The IEP team is not required to provide PWN after a meeting that has not been completed if there will be no changes to the IEP, program, or placement that will be implemented prior to the continuation meeting. For more information on PWNs, see the Parental Rights and Notices section of this handbook.