April 2, 2003 to Sonja D. Kerr, Esq (MS Word)
Dated April 2, 2003Sonja D. Kerr, Esq.Kerr Law Offices5972 Cahill Avenue S., Suite 110Inver Grove Heights, Minnesota 55076 Dear Ms. Kerr:Thank you for your letter to Larry Ringer and Dr. JoLeta Reynolds in the Office of Special Education Programs (OSEP) regarding the development of individualized education programs (IEPs). We apologize for the delay in responding to your concerns. In your letter, you requested clarification on two issues. Your specific questions are restated below followed by OSEP's response.Should IEPs be developed, reviewed and revised in meetings or is it acceptable to have a meeting and then have someone write up the IEP?As you point out, the Individuals with Disabilities Education Act (IDEA) Part B regulations at 34 CFR 300.340 define IEP as a written statement for a child with a disability that is developed, reviewed, and revised in a meeting in accordance with 300.341-300.350. Discussion in Appendix A to 34 CFR Part 300 (Notice of Interpretation, question 32) clarifies that agency staff may come to an IEP meeting prepared with evaluation findings and proposed recommendations regarding IEP content, but the agency must make it clear to the parents at the outset of the meeting that the services proposed by the agency are only recommendations for review and discussion with the parents. Furthermore, parents have the right to bring questions, concerns and recommendations to an IEP meeting as part of a full discussion of the child's needs and the services to be provided to meet those needs before the IEP is finalized.Neither the IDEA nor the f/s/ Patricia J. Guard forStephanie S. LeeDirectorOffice of Special Education ProgramsPage PAGE 2 - Sonja D. Kerr, Esq.