(a) Opportunity to examine records. The parents of a child with a disability must be afforded, in accordance with the procedures of §§ 300.613 through 300.621, an opportunity to inspect and review all education records with respect to—
(1) The identification, evaluation, and educational placement of the child; and
(2) The provision of FAPE to the child.
(b) Parent participation in meetings. (1) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to—
(i) The identification, evaluation, and educational placement of the child; and
(ii) The provision of FAPE to the child.
(2) Each public agency must provide notice consistent with § 300.322(a)(1) and (b)(1) to ensure that parents of children with disabilities have the opportunity to participate in meetings described in paragraph (b)(1) of this section.
(3) A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.
(c) Parent involvement in placement decisions. (1) Each public agency must ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of the parent's child.
(2) In implementing the requirements of paragraph (c)(1) of this section, the public agency must use procedures consistent with the procedures described in § 300.322(a) through (b)(1).
(3) If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the public agency must use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.
(4) A placement decision may be made by a group without the involvement of a parent, if the public agency is unable to obtain the parent's participation in the decision. In this case, the public agency must have a record of its attempt to ensure their involvement.
(Authority: 20 U.S.C. 1414(e), 1415(b)(1))
Notes of Decisions
C.F. v. New York City Dep't of Educ., 746 F.3d 68 (2d Cir. 2014).
· cites it 2× “§ 1414 (e); see also 34 C.F.R. § 300.501 (c)(1). “If a state fails in its obligation to provide a free appropriate public education to a handicapped child, the parents may enroll the child in a private school and seek retroactive reimbursement for the cost of the private school…”
Doe Ex Rel. Doe v. East Lyme Bd. of Educ., 790 F.3d 440 (2d Cir. 2015).
· cites it 2× “In addition, “[e]ach local educational agency or State educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.”
R.E. Ex Rel. J.E. v. New York City Dep't of Educ., 694 F.3d 167 (2d Cir. 2012).
“§ 1414 (e), which mandates that: “Each local educational agency or State educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.”
R.P. v. Alamo Heights Indep. Sch. Dist., 703 F.3d 801 (5th Cir. 2012).
· cites it 2× “§ 1415 (b)(1); see also 34 C.F.R. § 300.501 (b)(1) (same). However, “procedural defects alone do not constitute a violation of the right to a FAPE unless they result in the loss of an educational opportunity.”
J.L. v. Mercer Island Sch. Dist., 592 F.3d 938 (9th Cir. 2010).
“See 34 C.F.R. 300.501(b)(3) (stating that an individualized educational program meeting “does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting”).”
MS EX REL. MS v. New York City Dept. of Educ., 734 F. Supp. 2d 271 (E.D.N.Y 2010).
· cites it 2× “Specifically, it must give the parent an opportunity to participate in meetings regarding “educational placement,” 34 C.F.R. § 300.501 (b)(l)(i). Parents must be “members of any group that makes decisions on the educational placement of [their] child.”
FB v. New York City Dep't of Educ., 132 F. Supp. 3d 522 (S.D.N.Y. 2015).
“The SRO identified the proper, and controlling, legal principle — that preparation is not the same as predetermination. And, in various respects, the record firmly supports the SRO’s determination that, in this case, the CSE merely prepared and came to the meeting with an open…”
Beckwith ex rel. L.B. v. Dist. of Columbia, 208 F. Supp. 3d 34 (D.D.C. 2016).
“The student’s IEP is a comprehensive statement that is reviewed annually and includes annual goals for the student’s education, a list of the special education and services that are to be provided to the student, projected dates for the beginning of services, and the criteria…”
— 34 C.F.R. § 300.501(b)(3) — 4 cases
J.L. v. Mercer Island Sch. Dist., 592 F.3d 938 (9th Cir. 2010).
“See 34 C.F.R. 300.501(b)(3) (stating that an individualized educational program meeting “does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting”).”
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