Yes. An IEP meeting can take place without parental participation “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 on time and place, such as: detailed records of telephone calls made or attempted and the results of those calls; copies of correspondence sent to the parents and any responses received; and detailed records of visits made to the parent’s home or place of employment and the results of those visits.” [34 C.F.R. § 300.322(d)(1)-(3)] It is important to note that the 9th Circuit Court of Appeals, of which Arizona is a part, has found in two cases that parental involvement in the IEP “creation process” requires schools to include parents unless they affirmatively refuse to attend, while clarifying that if a parent refuses to attend or is entirely unresponsive to the school’s requests to meet, the school has a duty to move forward with the IEP process. (Shapiro v. Paradise Valley Unified School District; Doug C. v. Hawaii Department of Education)
Can a school conduct an IEP meeting without a parent in attendance?
Published: June 23rd, 2016
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