Special Education tip – IEP Team – 08-2016

Rochelle’s Special Education Tips

When a parent brings an Independent Educational Evaluation (“IEE”) or any information to the IEP team, the obligation of the IEP team is to “consider” the information. The team does not have to agree with it. Make sure the Prior Written Notice (“PWN”) states that the IEE was “reviewed and considered” by the team. If a partial report is provided, the PWN should note that and state that the IEP team was unable to accept the report as it was not provided in full but that the team asked the parents to provide a complete report. Finally, whenever a document is provided to the IEP team, identify the date on the document. For instance, write on the top of the first page, “Received from parent by IEP team at IEP team meeting held on September 1, 2016.” You need to do this because sometimes parents will intentionally or unintentionally give you old reports and later claim  you did not timely review the report or timely amend the IEP.

Rochelle’s Special Education Tips (“Tips”) are designed to be helpful and thought provoking, but should not be considered legal advice as they may not be accurate for use in all situations.  Tips are based on my opinions and positions in accordance with federal and Maryland law and my over 35 years of experience in the special education legal field.   – Rochelle S. Eisenberg, Esquire
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