POLICY LETTER: February 2, 2010 to Miami-Dade County Public Schools Assistant Attorney Mary C. Lawson

February 2, 2010 Ms. Mary C. Lawson Assistant AttorneyMiami-Dade County Public SchoolsSchool Board Administration Building1450 N.E. 2nd AvenueMiami FL 33132Dear Ms. Lawson:This is in response to your letter sent via electronic mail (email) on November 18, 2009 to Patty Guard, former acting director of the Office of Special Education Programs. In your letter, you ask whether it is permissible for a school board attorney to attend a special education resolution meeting when the parent chooses to bring a qualified representative who, under State law, is designated to represent the parent and student at the due process hearing. The Individuals with Disabilities Education Act (IDEA or Act) and its implementing regulations include requirements that address the participation of attorneys in resolution meetings and the participation of non-attorney advocates in due process hearings. 34 CFR 300.510(a) and 300.511-512. Section 300.510(a)(ii) of the Part B regulations, consistent with section 615(f)(1)(B)(i)(III) of the Act, states that an attorney of the local educational agency (LEA) may not attend a resolution meeting unless the parent is accompanied by an attorney. This requirement also is consistent with language in the Conference Report (H.R. 108-779, at 217 (2003)) that prevents the LEA from bringing an attorney to the resolution meeting "unless the parent brings their attorney." Different requirements, however, apply to due process hearings. Section 615(h)(1) of the Act is clear that parties to a due process hearing may be accompanied and advised by counsel and by individuals, such as non-attorney advocates, who have special knowledge or training regarding the problems of children with disabilities. Similar language, however, is not included in the resolution meeting requirements, and therefore, attendance by an LEA attorney is expressly limited to instances where the parent brings an attorneyexa Posny, Ph.DActing DirectorOffice of Special Education Programscc: Pamela Y. CarterPage PAGE * MERGEFORMAT 2 Mary C. Lawson