Support Community Inclusion Ambassadors Inc.

Wednesday, November 2, 2022

SPED Alert 11-2-22 (mutually agreed upon date, time, and place. Reference: Indiana Article 7 511 IAC 7-42-2 & IDEA Sec. 300.322)



This letter is to help area schools and Indiana Department of Education to be aware of a developing trend that we are seeing this school year. Our goal is to make the process more welcoming to parent participation in the process. 
_______________________________________________________________________________________________________________________________________________

Dear School Administrators

Subject:  CCC meeting being scheduled at a mutually agreed upon date, time, and place.

Reference: Indiana Article 7  511 IAC 7-42-2 & IDEA Sec. 300.322


 

Dear School Administrators

 

The ability for parents to participate in case conferences committee meetings is critical for the active involvement of families within a child's education.  Sadly we hear too many times that parents are not able to be an active member of the CCC. 



511 IAC 7-42-2 Notice of case conference committee meetings

( https://www.in.gov/doe/files/art-7-english-may-2019-update-index.pdf )


Sec. 2. (a) A CCC meeting must be scheduled at a mutually agreed upon date, time, and place. If a parent cannot attend in person, the public agency must use other methods to ensure parent participation, including an individual or conference telephone call or video conference.


(b) A CCC meeting may be conducted without a parent in attendance if the parent chooses not to participate in person or by other methods. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed upon date, time, and place for the CCC meeting, such as the following:

(1) Detailed records of:

(A) telephone calls made or attempted; and

(B) the results of the calls.

(2) Copies of:

(A) correspondence sent to the parent; and

(B) any responses received.

(3) Detailed records of:

(A) visits made to the parent's home or place of employment; and

(B) the results of those visits.



IDEA Sec. 300.322 Parent participation

Statute/Regs Main » Regulations » Part B » Subpart D » Section 300.322

300.322 Parent participation.

( https://sites.ed.gov/idea/regs/b/d/300.322 )


(a) Public agency responsibility—general. Each 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 Team meeting or are afforded the opportunity to participate, including—

(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(2) Scheduling the meeting at a mutually agreed on time and place.

(b) Information provided to parents.

(1) The notice required under paragraph (a)(1) of this section must—

(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and

(ii) Inform the parents of the provisions in §300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and §300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act).

(2) For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must—

(i) Indicate—

(A) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with §300.320(b); and

(B) That the agency will invite the student; and

(ii) Identify any other agency that will be invited to send a representative.

(c) Other methods to ensure parent participation. If neither parent can attend an IEP Team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with §300.328 (related to alternative means of meeting participation).

(d) Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance 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—

(1) Detailed records of telephone calls made or attempted and the results of those calls;

(2) Copies of correspondence sent to the parents and any responses received; and

(3) Detailed records of visits made to the parent's home or place of employment and the results of those visits.

___________________________________________________________________________________________________________________________________________
If the parents are unable to be located please consider the need for an educational surrogate in the special education process. ( RULE 39. EDUCATIONAL SURROGATE PARENTS   Indiana Article 7 511 IAC 7-39-1)
--
Sincerely
Patrick Underwood
Board President / Lead Volunteer Special Education Advocate 
Community Inclusion Ambassadors Inc
Phone: (812) 329-0216

No comments:

Post a Comment

Paoli Pals Spring Game 4 2024