Attendance and Excusal

Required IEP Team Member Absences

Please go to Facilitating Meetings > Scheduling and Notices for information regarding Required Team Members

Parent(s) of the Student

Per IDEA, the school must document “attempts” to hold the meeting with parents in attendance, which implies that a minimum of two attempts by the school is required.

1. If the parent does not attend the first attempt, another meeting must be scheduled. 

2. If the parent does not attend the second meeting, the rest of the IEP team can move forward with the meeting and count this second date as the new annual IEP date. 

Be sure to offer that the parent can attend the meeting via phone call or video conference.

The case manager must keep a record of attempts to arrange a mutually agreed upon time and place, such as records of phone calls made or attempted and the results of those calls, copies of correspondence sent to the parents/guardians and any responses received, and records of visits made to the parent’s home or place of employment and the results of those visits.

Unexpected Parent Absences

Q: Say that an IEP meeting is due by 11/9/24 and I schedule the meeting for 11/9/24, the parent agrees to the meeting time/date, and then the parent does not attend or respond to attempts at a phone call. We have to make a second attempt at the meeting, and when I contact the parent the second attempt is scheduled on 11/24/17. If a first attempt is made (and documented) within timeline, are we still in compliance?

A: No. The date the IEP meeting was actually held (11/13/24) would be the date that would be used for compliance. Therefore, the IEP would not meet requirements for annual review. This is one of the reasons why it is suggested that teams schedule IEP meetings before the actual due date so there is a "buffer" in case a second attempt needs to be scheduled.

General Education Teacher, Special Education Teacher, Related Service Provider, or Administrative Representative

Written consent is required from the parent(s) if a required team member will be absent from the IEP meeting.

Excusal Process

If the team member on the Notice of Team Meeting (NOTM) is unavailable but someone at the meeting can fill that role:

As long as staff in attendance at the meeting can fill the required team member roles, we can edit the Record of Team Meeting (ROTM) form to reflect the change in roles and then proceed with the meeting. An example might be a building principal having an urgent responsibility that prevents them from attending an IEP meeting. The building principal was listed as the Administrative Representative on the NOTM. The team can still proceed if another member of the team (e.g., Assistant Principal or Lead Teacher) is in attendance and is qualified to fill that role. 

The substitute team member would edit the ROTM and add "Administrative Representative" to their title on the form. If no team member is present who is qualified to fill that role, the IEP team would need to complete the formal excusal process (explained below) or reschedule the meeting. The team must offer the parent the opportunity to reschedule the meeting if the parent does not wish to proceed.

If the team member's content area WILL NOT be discussed or modified:

This is a rare circumstance. Prior to beginning the IEP meeting, written consent for excusal must be obtained from the parent. This is documented on the Agreement Regarding IEP Team Member Attendance form in SpEd Forms.

If the team member's content area WILL be discussed or modified:

This is by far the more common circumstance. Written consent from the parent must still be obtained prior to beginning the IEP meeting. Prior to the meeting, the team member who will miss all or part of the meeting must also submit appropriate input in writing to the IEP team. This input should include the same things that would be provided if the member attended the meeting. General education teachers should describe expectations in their class, the student’s use of accommodations and/or modifications, AT, and assistance needed by a paraprofessional (if applicable). Service providers should report progress on previous goals and provide draft goals for the upcoming year.

Communication with Parents

Case managers should communicate with the team member to determine who will call parents and complete the excusal process before the meeting date. If circumstances do not allow for this (e.g., the general education teacher gets sick the day of meeting), the excusal process should be completed prior to the start of the IEP meeting, and parents have the right not to proceed with the meeting if they want the team member present. Unless written consent was previously received from the parent, no required IEP team member may be excused from a meeting when a parent is not present.

Multiple Special Education Teachers or Service Providers

To meet minimal compliance requirements, a single special education teacher or service provider must be invited and attend the meeting in full. During state file review, auditors will check that the IEP team included at least one special education teacher or service provider. If none have signed on the Record of Team Meeting and written agreement/written input is not documented in the file, the district will be out of compliance.

The constitution of team membership cannot impact the student’s right to FAPE nor the parent’s opportunity to meaningfully participate in the development of the IEP, and case managers should consider this standard when determining how many service providers to invite and, in cases where multiple service providers have been invited and some are subsequently unable to attend, when to obtain written input and written consent. 

We have to meet minimal compliance and have at least one individual in this role in attendance (unless we have documented formal excusal), but if, for example, the student has five service providers, all are invited, and one is subsequently unable to attend the meeting, the case manager should determine if the individuals present can plan an IEP that will provide FAPE and if the parent can meaningfully participate in developing that IEP without the absent team member. If the answer is "no," written excusal should be obtained from the parent and written input obtained from the absent team member.