Schools attorneys at ARD's

[Guest guest]

Sometimes there is disagreement about who may attend an ARD meeting.The regs are fairly clear, the Distrct may determine who they bring , the parents can determine who they can bring. A recent case in Ohio illustrated the point when parents objected to the presence of School's atty at an IEP meeting the case ( Toledo, ohioB. Attendance by TPS Counsel Plaintiffs have no legal basis on which to refuse to participate in an IEP session simply because one of TPS's attorneys is present. As recited by TPS in its motion for summary judgment, regulations adopted under IDEA extend broad discretion to the parties to have those in attendance whom they desire to have present. The statute expressly permits attendance of persons "at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel." 20 U.S.C. § 1414(d)(1)((vi). Accord, 34 CFR § 300.321(a)(6). It is left to the parties to determine who has the requisite knowledge and expertise. 34 CFR § 300.321©. These are broadly worded provisions, and do not give any party, whether parents or a school board, the authority to veto attendance by persons whom another party wants to have present. The plaintiffs, in any event, certainly have not shown that either TPS or the SLRO erred in their application of these provisions.