Strategies for Avoiding Marathon IEP Meetings
One of the top special education questions we receive is “how does an IEP team avoid incredibly lengthy IEP meetings?” First, it is necessary to dispel any misinformation that IEP meetings are required to last for a certain length of time. Neither the IDEA nor its implementing regulations prescribe the specific length of time for an IEP meeting. Additionally, the IDEA does not set forth the number of IEP meetings to be held. However, the IDEA makes clear the school district must allow sufficient time to ensure meaningful parental participation. In practice, this allows school districts to establish reasonable time limits on meetings and then take appropriate action.
Establishing Reasonable Time Limits
School districts may establish reasonable time limits for IEP meetings as nothing in the IDEA prohibits such time limits. In El Paso Independent School District, 34 IDELR 226 (February 16, 2001), the school administrator informed the meeting participants that the meeting would last no longer than two hours and any unresolved issues could be addressed at a follow-up meeting. The parent’s objected to the time limitation. The parents filed a procedural complaint alleging multiple concerns, including the two hour time limit. The hearing officer found the two hour time limit to be reasonable, and it was not a denial of due process. However, the hearing officer noted the two hour time limit should have been communicated to parents prior to the start of the meeting.
Honor Meeting Times Listed in Meeting Notice
An IEP meeting must be held at a mutually agreed to time. C.F.R. § 300.322(a)(2). In Boward County School Board, 113 LRP 22496 (February 28, 2013), the school district issued a meeting notice to parents indicating the meeting would be held from 9:00 A.M. to 12:30 P.M. However, the meeting continued until 3:30 P.M. The parents filed a request alleging a due process violation as a result of the duration of the IEP meeting exceeding the time limit listed in the notice. The administrative law judge held that even if the meeting's extended length amounted to a procedural violation, it did not impede the child’s right to FAPE, the parent's opportunity to participate in the decision-making process, nor caused actual deprivation of educational benefits. However, if the district simply honored its reasonable time limit in the first place, it may have avoided costly due process proceedings.
Ending an IEP Meeting Early
A school district must afford parents meaningful participation in a child’s IEP by informing parents of the child’s needs and progress, ensuring the parents meaningful participation in the child’s IEP meetings, and ensuring parents have opportunities to express disagreement with the IEP team's conclusions and request revisions to the IEP. In Compton Unified School District, 115 LRP 15206 (March 27, 2015), the parents filed a due process hearing request alleging the school district violated the IDEA’s parental participation requirements when the school district ended the IEP meeting early. At the IEP meeting, the point of contention involved the continuum of appropriate placements for a sixth grade student with ADHD and a mood disorder. The parents refused to discuss any placement except the one the parents requested. The school district ended the meeting and requested the IEP team reconvene when the parties were willing to discuss all placement options. The administrative law judge found the school district did not improperly conclude the meeting, and the school district did not ignore parental input.
To that end, we often get asked whether a school district must end an IEP meeting early, and reconvene later, if the parent walks out of the meeting. In those cases, unless the parent’s absence is related to a previously communicated commitment or emergency, we generally recommend that the team feel confident in continuing the meeting without the parents. The team should communicate to the parent that the team will continue prior to their departure and should request that they stay and finish the meeting. However, if the parent refuses, the team may continue and complete its work.
Our Tips
Consider establishing a time limit for the IEP meeting.
Include time limits in the meeting notice.
If there are many issues to cover, you may consider breaking the IEP meeting up into shorter meetings.
Ensure you allow for meaningful parental participation, but after robust discussion the meeting leader should feel empowered to move the meeting forward to the next agenda item.
If necessary, conclude a meeting and reschedule for a follow-up if the meeting becomes unproductive.
Conclusion
If you have any questions about IEP meetings, please feel free to contact Karen, Steve, Bobby, Coady, Jordan, Tyler or Sara at (402) 804-8000, or send everyone an email at ksb@ksbschoollaw.com.
*This blog post was edited on February 22, 2023