A member of the IEP team described in subdivisions 24:05:27:01.01(2) to (5), inclusive, is not required to attend an IEP team meeting, in whole or in part, if the parent of a student with a disability and the school district agree in writing that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. A member of the IEP team may be excused from attending, in whole or in part, an IEP team meeting that involves a modification to or discussion of the member's area of the curriculum or related services, if:

1. (1) The parent and school district consent in writing to the excusal; and
2. (2) The member submits, in writing to the parent and the IEP team, input into the development of the IEP before the meeting.

Source: 32 SDR 41, effective September 11, 2005; 33 SDR 236, effective July 5, 2007; 40 SDR 40, effective September 11, 2013.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.