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APPENDIX A - Part II
II. Involvement of Parents and Students
The Congressional Committee Reports on the IDEA Amendments of
1997 express the view that the Amendments provide an opportunity for
strengthening the role of parents, and emphasize that one of the
purposes of the Amendments is to expand opportunities for parents
and key public agency staff (e.g., special education, related
services, regular education, and early intervention service
providers, and other personnel) to work in new partnerships at both
the State and local levels (H. Rep. 105-95, p. 82 (1997); S. Rep.
No. 105-17, p. 4 and 5 (1997)). Accordingly, the IDEA Amendments of
1997 require that parents have an opportunity to participate in
meetings with respect to the identification, evaluation, and
educational placement of the child, and the provision of FAPE to the
child. (Sec. 300.501(a)(2)). Thus, parents must now be part of: (1)
the group that determines what additional data are needed as part of
an evaluation of their child (Sec. 300.533(a)(1)); (2) the team that
determines their child's eligibility (Sec. 300.534(a)(1)); and (3)
the group that makes decisions on the educational placement of their
child (Sec. 300.501(c)).
In addition, the concerns of parents and the information that
they provide regarding their children must be considered in
developing and reviewing their children's IEPs
(Secs. 300.343(c)(iii) and 300.346(a)(1)(i) and (b)); and the
requirements for keeping parents informed about the educational
progress of their children, particularly as it relates to their
progress in the general curriculum, have been strengthened
(Sec. 300.347(a)(7)).
The IDEA Amendments of 1997 also contain provisions that greatly
strengthen the involvement of students with disabilities in
decisions regarding their own futures, to facilitate movement from
school to post-school activities. For example, those amendments (1)
retained, essentially verbatim, the ``transition services''
requirements from the IDEA Amendments of 1990 (which provide that a
statement of needed transition services must be in the IEP of each
student with a disability, beginning no later than age 16); and (2)
significantly
expanded those provisions by adding a new annual requirement for the
IEP to include ``transition planning'' activities for students
beginning at age 14. (See section IV of this appendix for a
description of the transition services requirements and definition.)
With respect to student involvement in decisions regarding
transition services, Sec. 300.344(b) provides that (1) ``the public
agency shall invite a student with a disability of any age to attend
his or her IEP meeting if a purpose of the meeting will be the
consideration of--(i) The student's transition services needs under
Sec. 300.347(b)(1); or (ii) The needed transition services for the
student under Sec. 300.347(b)(2); or (iii) Both;'' and (2) ``If the
student does not attend the IEP meeting, the public agency shall
take other steps to ensure that the student's preferences and
interests are considered.'' (Sec. 300.344(b)(2)).
The IDEA Amendments of 1997 also give States the authority to
elect to transfer the rights accorded to parents under Part B to
each student with a disability upon reaching the age of majority
under State law (if the student has not been determined incompetent
under State law) (Sec. 300.517). (Part B requires that if the rights
transfer to the student, the public agency must provide any notice
required under Part B to both the student and the parents.) If the
State elects to provide for the transfer of rights from the parents
to the student at the age of majority, the IEP must, beginning at
least one year before a student reaches the age of majority under
State law, include a statement that the student has been informed of
any rights that will transfer to him or her upon reaching the age of
majority. (Sec. 300.347(c)).
The IDEA Amendments of 1997 also permit, but do not require,
States to establish a procedure for appointing the parent, or
another appropriate individual if the parent is not available, to
represent the educational interests of a student with a disability
who has reached the age of majority under State law and has not been
determined to be incompetent, but who is determined not to have the
ability to provide informed consent with respect to his or her
educational program.
5. What is the role of the parents, including surrogate parents,
in decisions regarding the educational program of their children?
The parents of a child with a disability are expected to be
equal participants along with school personnel, in developing,
reviewing, and revising the IEP for their child. This is an active
role in which the parents (1) provide critical information regarding
the strengths of their child and express their concerns for
enhancing the education of their child; (2) participate in
discussions about the child's need for special education and related
services and supplementary aids and services; and (3) join with the
other participants in deciding how the child will be involved and
progress in the general curriculum and participate in State and
district-wide assessments, and what services the agency will provide
to the child and in what setting.
As previously noted in the introduction to section II of this
Appendix, Part B specifically provides that parents of children with
disabilities--
Have an opportunity to participate in meetings with
respect to the identification, evaluation, and educational placement
of their child, and the provision of FAPE to the child (including
IEP meetings) (Secs. 300.501(b), 300.344(a)(1), and 300.517;
Be part of the groups that determine what additional
data are needed as part of an evaluation of their child
(Sec. 300.533(a)(1)), and determine their child's eligibility
(Sec. 300.534(a)(1)) and educational placement (Sec. 300.501(c));
Have their concerns and the information that they
provide regarding their child considered in developing and reviewing
their child's IEPs (Secs. 300.343(c)(iii) and 300.346(a)(1)(i) and
(b)); and
Be regularly informed (by such means as periodic report
cards), as specified in their child's IEP, at least as often as
parents are informed of their nondisabled children's progress, of
their child's progress toward the annual goals in the IEP and the
extent to which that progress is sufficient to enable the child to
achieve the goals by the end of the year (Sec. 300.347(a)(7)).
A surrogate parent is a person appointed to represent the
interests of a child with a disability in the educational decision-
making process when no parent (as defined at Sec. 300.20) is known,
the agency, after reasonable efforts, cannot locate the child's
parents, or the child is a ward of the State under the laws of the
State. A surrogate parent has all of the rights and responsibilities
of a parent under Part B (Sec. 300.515.)
6. What are the Part B requirements regarding the participation
of a student (child) with a disability in an IEP meeting?
If a purpose of an IEP meeting for a student with a disability
will be the consideration of the student's transition services needs
or needed transition services under Sec. 300.347(b)(1) or (2), or
both, the public agency must invite the student and, as part of the
notification to the parents of the IEP meeting, inform the parents
that the agency will invite the student to the IEP meeting.
If the student does not attend, the public agency must take
other steps to ensure that the student's preferences and interests
are considered. (See Sec. 300.344(b)).
Section Sec. 300.517 permits, but does not require, States to
transfer procedural rights under Part B from the parents to students
with disabilities who reach the age of majority under State law, if
they have not been determined to be incompetent under State law. If
those rights are to be transferred from the parents to the student,
the public agency would be required to ensure that the student has
the right to participate in IEP meetings set forth for parents in
Sec. 300.345. However, at the discretion of the student or the
public agency, the parents also could attend IEP meetings as ``* * *
individuals who have knowledge or special expertise regarding the
child * * *'' (see Sec. 300.344(a)(6)).
In other circumstances, a child with a disability may attend
``if appropriate.'' (Sec. 300.344(a)(7)). Generally, a child with a
disability should attend the IEP meeting if the parent decides that
it is appropriate for the child to do so. If possible, the agency
and parents should discuss the appropriateness of the child's
participation before a decision is made, in order to help the
parents determine whether or not the child's attendance would be (1)
helpful in developing the IEP or (2) directly beneficial to the
child or both. The agency should inform the parents before each IEP
meeting--as part of notification under Sec. 300.345(a)(1)--that they
may invite their child to participate.
7. Must the public agency inform the parents of who will be at
the IEP meeting?
Yes. In notifying parents about the meeting, the agency ``must
indicate the purpose, time, and location of the meeting, and who
will be in attendance.'' (Sec. 300.345(b), italics added.) In
addition, if a purpose of the IEP meeting will be the consideration
of a student's transition services needs or needed transition
services under Sec. 300.347(b)(1) or (2) or both, the notice must
also inform the parents that the agency is inviting the student, and
identify any other agency that will be invited to send a
representative.
The public agency also must inform the parents of the right of
the parents and the agency to invite other individuals who have
knowledge or special expertise regarding the child, including
related services personnel as appropriate to be members of the IEP
team. (Sec. 300.345(b)(1)(ii).)
It also may be appropriate for the agency to ask the parents to
inform the agency of any individuals the parents will be bringing to
the meeting. Parents are encouraged to let the agency know whom they
intend to bring. Such cooperation can facilitate arrangements for
the meeting, and help ensure a productive, child-centered meeting.
8. Do parents have the right to a copy of their child's IEP?
Yes. Section 300.345(f) states that the public agency shall give
the parent a copy of the IEP at no cost to the parent.
9. What is a public agency's responsibility if it is not
possible to reach consensus on what services should be included in a
child's IEP?
The IEP meeting serves as a communication vehicle between
parents and school personnel, and enables them, as equal
participants, to make joint, informed decisions regarding the (1)
child's needs and appropriate goals; (2) extent to which the child
will be involved in the general curriculum and participate in the
regular education environment and State and district-wide
assessments; and (3) services needed to support that involvement and
participation and to achieve agreed-upon goals. Parents are
considered equal partners with school personnel in making these
decisions, and the IEP team must consider the parents' concerns and
the information that they provide regarding their child in
developing, reviewing, and revising IEPs (Secs. 300.343(c)(iii) and
300.346(a)(1) and (b)).
The IEP team should work toward consensus, but the public agency
has ultimate responsibility to ensure that the IEP includes the
services that the child needs in order to receive FAPE. It is not
appropriate to make IEP decisions based upon a majority ``vote.'' If
the team cannot reach consensus, the public agency must provide the
parents
with prior written notice of the agency's proposals or refusals, or
both, regarding the child's educational program, and the parents
have the right to seek resolution of any disagreements by initiating
an impartial due process hearing.
Every effort should be made to resolve differences between
parents and school staff through voluntary mediation or some other
informal step, without resort to a due process hearing. However,
mediation or other informal procedures may not be used to deny or
delay a parent's right to a due process hearing, or to deny any
other rights afforded under Part B.
10. Does Part B require that public agencies inform parents
regarding the educational progress of their children with
disabilities?
Yes. The Part B statute and regulations include a number of
provisions to help ensure that parents are involved in decisions
regarding, and are informed about, their child's educational
progress, including the child's progress in the general curriculum.
First, the parents will be informed regarding their child's present
levels of educational performance through the development of the
IEP. Section 300.347(a)(1) requires that each IEP include:
* * * A statement of the child's present levels of educational
performance, including--(i) how the child's disability affects the
child's involvement and progress in the general curriculum; or (ii)
for preschool children, as appropriate, how the disability affects
the child's participation in appropriate activities * * *
Further, Sec. 300.347(a)(7) sets forth new requirements for
regularly informing parents about their child's educational
progress, as regularly as parents of nondisabled children are
informed of their child's progress. That section requires that the
IEP include:
A statement of--(i) How the child's progress toward the annual
goals * * * will be measured; and (ii) how the child's parents will
be regularly informed (by such means as periodic report cards), at
least as often as parents are informed of their nondisabled
children's progress, of--(A) their child's progress toward the
annual goals; and (B) the extent to which that progress is
sufficient to enable the child to achieve the goals by the end of
the year.
One method that public agencies could use in meeting this
requirement would be to provide periodic report cards to the parents
of students with disabilities that include both (1) the grading
information provided for all children in the agency at the same
intervals; and (2) the specific information required by
Sec. 300.347(a)(7)(ii)(A) and (B).
Finally, the parents, as part of the IEP team, will participate
at least once every 12 months in a review of their child's
educational progress. Section 300.343(c) requires that a public
agency initiate and conduct a meeting, at which the IEP team:
* * * (1) Reviews the child's IEP periodically, but not less
than annually to determine whether the annual goals for the child
are being achieved; and (2) revises the IEP as appropriate to
address--(i) any lack of expected progress toward the annual goals *
* * and in the general curriculum, if appropriate; (ii) The results
of any reevaluation * * *; (iii) Information about the child
provided to, or by, the parents * * *; (iv) The child's anticipated
needs; or (v) Other matters.