Iowa Admin. Code r. 281-41.322 - Parent participation
(1)
Public agency responsibility-general. Each public agency must
take steps to ensure that one or both of the parents of a child with a
disability are present at each IEP team meeting or are afforded the opportunity
to participate, including:
a. Notifying
parents of the meeting early enough to ensure that they will have an
opportunity to attend; and
b.
Scheduling the meeting at a mutually agreed-upon time and
place.
(2)
Information provided to parents.
a. The notice required under paragraph
41.322(1)"a" must:
(1)
Indicate the purpose, time, and location of the meeting and who will be in
attendance (name and position); and
(2) Inform the parents of the provisions in
paragraph 41.321(1)"f" and subrule 41.321(3) relating to the
participation of other individuals on the IEP team who have knowledge or
special expertise about the child and subrule 41.321(6) relating to the
participation of the Part C service coordinator or other representatives of the
Part C system at the initial IEP team meeting for a child previously served
under Part C of the Act.
b. For a child with a disability, beginning
not later than the first IEP to be in effect when the child turns 14, or
younger if determined appropriate by the IEP team, the notice also must:
(1) Indicate that a purpose of the meeting
will be the consideration of the postsecondary goals and transition services
for the child, in accordance with subrule 41.320(2), and that the agency will
invite the student; and
(2)
Identify any other agency that will be invited to send a
representative.
(3)
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 rule 281-41.328 (256B,
34CFR300) related to alternative means of meeting participation.
(4)
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-upon time and place, including:
a. Detailed records of telephone calls made
or attempted and the results of those calls;
b. Copies of correspondence sent to the
parents and any responses received; and
c. Detailed records of visits made to the
parent's home or place of employment and the results of those visits.
(5)
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 who
are deaf or hard of hearing or whose native language is other than
English.
(6)
Parent copy of
child's IEP . The public agency must give the parent a copy of the
child's IEP at no cost to the parent.
(7)
Rule of construction : "final"
versus "draft" IEPs. An agency shall not present a completed and
finalized IEP to parents before there has been a full discussion with the
parents regarding the eligible individual's need for special education and
related services and the services the agency will provide to the individual. An
agency may come prepared with evaluation findings, proposed statements of
present levels of educational performance, proposed recommendations regarding
annual goals or instructional objectives, and proposals concerning the nature
of special education and related services to be provided. The agency shall
inform the parents at the outset of the meeting that the proposals are only
recommendations for review and discussion with the
parents.
Notes
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