POLICY LETTER: March 31, 2008 to individuals (personally identifiable information redacted).

Dated March 31, 2008Dear:This letter is in response to your correspondence, dated December 12, 2007, to Patty Guard, former Acting Director of the Office of Special Education Programs (OSEP). In particular, you ask whether 34 CFR 300.322(b)(1)(i), which concerns the notification requirements for an individualized education program (IEP) Team meeting, means that the school district must provide parents with written notification of any individual invited by the school district, including the school district's attorney. In addition you ask if a parent may request that an individual, who was not previously invited by the district in accordance with 34 CFR 300.322(b)(1)(i), leave the meeting or ask that the meeting be rescheduled with proper notification.Under section 614(d)(1)(B) of the Individuals with Disabilities Education Act (IDEA) and 34 CFR 300.321(a) of the Part B regulations, the public agency must ensure that the IEP Team for each child with a disability includes the parents of the child, not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment), and not less than one special education teacher of the child, or where appropriate, not less then one special education provider of the child. The IEP Team also must include a representative of the public agency who (1) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (2) is knowledgeable about the general education curriculum; and (3) is knowledgeable about the availability of resources of the public agency. 34 CFR 300.321(a). In addition, an individual who can interpret the instructional implications of evaluation results must be a member of the IEP Team. This individual also may be one of the other members mentioned above. Section 614(d)(1)(B)(vi) of IDEA and 34 CFR 300.321(a)(6) of the regulations allow, at the discretion of the parent or the public agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate, to be invited to the IEP Team meeting. The determination of the knowledge or special expertise of any individual described in 34 CFR 300.321(a)(6) must be made by the party (parents or public agency) who invited the individual to be a member of the IEP Team. 34 CFR 300.321(c). The public agency also must ensure that each IEP Team includes the child with a disability, whenever appropriate. 34 CFR 300.321(a)(7).Under 34 CFR 300.322 of the Part B regulations, a 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 Teacc: Heidi Atkins-Lieberman, Assistant Commissioner,Division of Special Education, Missouri Department of Elementary and Secondary EducationPAGE Page PAGE 2