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Ely, Attorney
Category: Education Law
Satisfied Customers: 102145
Experience:  Attorney in general practice,
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My son is due for his annual IEP. He is 10 and has Down

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My son is due for his annual IEP. He is 10 and has Down Syndrome. My husband and I BOTH want to attend, but we are both in medicine and have rigorous schedules. We have come up with a day that everyone can attend, but we requested 4 pm. The district is saying they will only meet us from 8:30-3:30. Are they obligated to accomadate our schedules? Thx
Submitted: 10 months ago.
Category: Education Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Here is what IDEA says about scheduling:

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… [§300.322(a)]

This includes:

(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. [§300.322(a)(1) and (2)]

This means that the school has to work with you to facilitate a reasonable schedule, but no specific times are mandated. Mentioning this may help for them to soften their stand. Since most parents work during the day, is may be unreasonable for the school to mandate a meeting only during school hours and before 5:00pm. I believe that the Judge is likely to see that as too restrictive in the spirit of the verbiage above.

But - if parents cannot attend the IEP meeting, then the public agency is required to use "other methods to ensure parent participation, including individual or conference telephone calls" [§300.322(c)] and other alternative means such as video conferences (§300.328). IDEA permits such alternatives if parents and the school agree to this (§300.328).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 10 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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