Desert Mountain Charter SELPA Policies and Procedures

Policy – Category 5000 (Students) BP 5004 – Instructional Planning and the IEP

(either the Charter LEA or parent) who invited the individual to the IEP team meeting. The Analysis of Comments to the federal regulations, 71 Fed. Reg. 156, pg. 46670 , explain that a person who does not have knowledge and special expertise regarding the student, and who is not requested to be present at the IEP team meeting by the parent/guardian or Charter LEA, would not be permitted to be a member of the team or attend the meeting as an observer. This comment is consistent with an Attorney General opinion ( 85 Ops.Cal.Atty.Gen. 157 (2002) ), which stated that members of the media may not attend an IEP team meeting as observers even though the parents/guardians have consented to such attendance. The Attorney General based this decision on the fact that the media would be "observers," not a "person with knowledge or expertise," as detailed below. g. At the discretion of the parent or Charter LEA, other individuals who have knowledge or special expertise regarding the child, including related-services personnel, as appropriate. The determination whether the individual has knowledge or special expertise regarding the child shall be made by the party who invites the individual to be a 1. The child, of any age, with a disability, if the purpose of the meeting is the consideration of the child’s postsecondary goals and the transition services needed to assist the child in reaching those goals ( Title 34 of the Code of Federal Regulations § 300.320(b) ). If the child does not attend the IEP team meeting, the Charter LEA shall take other steps to ensure that the child’s preferences are considered; 2. To the extent appropriate and with the consent of the parent, a representative of any other agency that is likely to be responsible for providing or paying for transition services; and 3. If a representative of such other local agency has been invited but does not attend the meeting, the Charter LEA shall take other steps to obtain participation of the agency in the planning of any transition services ( Education Code § 56341 ). j. For a child suspected of having a specific learning disability (SLD) in accordance with Title 34 of the Code of Federal Regulations §§ 300.308 and 300.310 , at least member of the IEP team ( Education Code § 56341 ); h. Whenever appropriate, the child with a disability; i. For transition service participants:

BP 5004 – Instructional Planning and the IEP

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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/18)

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