POLICY LETTER: July 23, 2001 to U.S. Senator Hillary Rodham Clinton

Dated July 23, 2001Honorable Hillary Rodham ClintonUnited States Senator780 Third Avenue, Suite 2601New York, NY 10017-2024Dear Senator Clinton:This letter is in response to an inquiry from your constituent, x, who contacted you regarding the attendees at the individualized education program (IEP) meetings held to determine special education and related services. Specifically, x believes that the local school district is inappropriately inviting the district's attorney to the IEP meetings, which in New York are called Committee on Preschool Special Education (CPSE) meetings. He has requested your assistance regarding his rights under the Individuals with Disabilities Education Act (IDEA).The regulations implementing the Individuals with Disabilities Education Act (IDEA) are found at 34 CFR Part 300 (March 12, 1999). Section 300.344 addresses the membership of the IEP team. X has highlighted 300.344(a)(6) which allows attendance at the IEP meeting, "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."The language at 300.344(a)(6) adopts verbatim the statutory language at section 614(d)(1)(B)(vi) of the IDEA. Under this section, parents and public agencies have the discretion to bring to IEP meetings as IEP team members other individuals who have knowledge or special expertise regarding the child. Under this statutory provision, the parent's and public agency's right to bring other individuals to the IEP meeting at their discretion must be exercised in a manner that ensures that all members of the IEP team have the knowledge or special expertise regarding the child to c64 Fed. Reg. 12478.Further information or assistance can be obtained from the New York State Department of Education by contacting the State Director of Special Education: Mr. Lawrence GloecklerDeputy Commissioner for Vocational and Educational Services for Individuals with DisabilitiesState Education Department1 Commerce PlazaAlbany, NY 12234Telephone: (518) 474-2714Please contact this Office if we can be of further assistance.Sincerely,/signed Patricia J. Guard/Patricia J. GuardActing DirectorOffice of Special Education ProgramsPage 2 - Honorable Hillary Rodham Clinton