(a) Public agency responsibility. Each public agency must take steps to ensure that one (1) or both of the parents of a child with a disability are present at each IEP 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 subdivision (a)(1) of this section must:
- (A) Indicate the purpose, time, and location of the meeting and who will be in attendance; and
- (B) Inform the parents of the provisions in 34 C.F.R. § 300.321(a)(6) and (c) and 6 CAR § 130-805(a)(6) and 6 CAR § 130-805(c) relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child.
(2) For a child with a disability beginning not later than the first IEP to be in effect when the child turns sixteen (16), or younger, if determined appropriate by the IEP team, the notice also must:
- (A) Indicate that a purpose of the meeting will be the consideration of postsecondary goals and transition services for the child in accordance with 34 C.F.R. § 300.320(b) and 6 CAR § 130-808(b);
- (B) Indicate that the agency will invite the student; and
- (C) 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 34 C.F.R. § 300.328 (related to alternative means of meeting participation).
(d) Conducting an IEP team meeting without a parent in attendance.
- (1) A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend.
(2) In this case the public agency must keep a record of the attempts to arrange a mutually agreed on time and place, such as:
- (A) Detailed records of telephone calls made or attempted and the results of those calls;
- (B) Copies of correspondence sent to the parents and any responses received; and
- (C) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.
- (e) Use of interpreters or other action, as appropriate. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings at the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
- (f) Parent copy of child’s IEP. The public agency must give the parent a copy of the child’s IEP at no cost to the parent.