Dated July 23, 2001

Honorable Hillary Rodham Clinton

United States Senator

780 Third Avenue, Suite 2601

New York, NY 10017-2024

Dear Senator Clinton:

This letter is in response to an inquiry from your constituent, x, who
contacted you regarding the attendees at the individualized education
program (IEP) meetings held to determine special education and related
services. Specifically, x believes that the local school district is
inappropriately inviting the district\'s attorney to the IEP meetings,
which in New York are called Committee on Preschool Special Education
(CPSE) meetings. He has requested your assistance regarding his rights
under the Individuals with Disabilities Education Act (IDEA).

The regulations implementing the Individuals with Disabilities Education
Act (IDEA) are found at 34 CFR Part 300 (March 12, 1999). Section
300.344 addresses the membership of the IEP team. X has highlighted
§300.344(a)(6) which allows attendance at the IEP meeting, \"at the
discretion of the parent or the agency, other individuals who have
knowledge or special expertise regarding the child, including related
services personnel as appropriate.\"

The language at §300.344(a)(6) adopts verbatim the statutory language at
section 614(d)(1)(B)(vi) of the IDEA. Under this section, parents and
public agencies have the discretion to bring to IEP meetings as IEP team
members other individuals who have knowledge or special expertise
regarding the child. Under this statutory provision, the parent\'s and
public agency\'s right to bring other individuals to the IEP meeting at
their discretion must be exercised in a manner that ensures that all
members of the IEP team have the knowledge or special expertise
regarding the child to contribute meaningfully to the IEP. Paragraph (c)
of §300.344 provides that the determination of the knowledge or special
expertise of any individual described in paragraph (a)(6) shall be made
by the party (parents or public agency) who invited the individual to be
a member of the IEP team. The Federal rules pertaining to this situation
do not disallow the school district from inviting the district\'s
attorney to the IEP meeting.

However, as the answer to question 29 to Attachment A to the IDEA '97
regulations at 34 C.F.R. Part 300 explains:

> The presence of an attorney could contribute to a potentially
> adversarial atmosphere at the meeting. The same is true with regard to
> the presence of an attorney accompanying the parents at the IEP
> meeting. Even if the attorney possessed knowledge or special expertise
> regarding the child (§ 300.344(a)(6)), an attorney's presence would
> have the potential for creating an adversarial atmosphere that would
> not necessarily be in the best interests of the child.
>
> Therefore, the attendance of attorneys at IEP meetings should be
> strongly discouraged.

64 Fed. Reg. 12478.

Further information or assistance can be obtained from the New York
State Department of Education by contacting the State Director of
Special Education:

> Mr. Lawrence Gloeckler

Deputy Commissioner for Vocational and Educational Services for
Individuals with Disabilities

> State Education Department
>
> 1 Commerce Plaza
>
> Albany, NY 12234
>
> Telephone: (518) 474-2714

Please contact this Office if we can be of further assistance.

> Sincerely,
>
> /signed Patricia J. Guard/
>
> Patricia J. Guard
>
> Acting Director
>
> Office of Special Education Programs