Pursuant to Complaint Corrective Action Order (#S-0621-98/99), District staff is to be notified of the following requirements regarding the administration of IEP meetings:
20U.S.C. Chapter 33 § 1415(k)(l)(B) : Either before or not later than 10 days after taking a disciplinary action.... if the local educational agency did not conduct a functional behavioral assessment and implement a behavioral intervention plan for such child before the behavior that resulted in the suspension.....the agency shall convene an IEP meeting to develop an assessment plant to address that behavior; or if the child already has a behavioral plan, the IEP team shall review the plan and modify it, as necessary, to address the behavior.
EC § 56341: Each meeting to develop, review, or revise the IEP of an individual with exceptional needs, shall be conducted by an IEP team. The IEP team shall include all of the following: (1) A representative other that the pupil's teacher designated by administration who may be an administrator, program specialist, or other specialist who is knowledgeable of program options appropriate for the pupil and who is qualified to provide, or supervise the provision of special education.....(2) The pupil's present teacher.....(3) One or both of the pupil's parents, a representative selected by the parent, or both.
C § 56341(f): The parent shall have the right to present information to the IEP team in person or through a representative and the right to participate in meeting relating to eligibility for special education and related services, recommendations, and program planning.
District must provide the pupil's parent with the following information prior to the IEP team meeting pursuant to 34 CFR § 300.503(b):
"...(1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency propose[d] or refuse[d] to take the actions; (3) A description of any other options that the agency considered and the reasons why those options were rejected; (4) A description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action....."
With regard to written notice of an IEP:
EC § 56341.5(b) Parents shall be notified of the IEP meeting early enough to ensure an opportunity to attend.
EC CFR § 300.503 Written notice....must be given to the parents of a child with a disability in a reasonable time before the agency [convenes an IEP meeting]....
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