How Many Days Does the CST Have to Respond?

A question I've wondered many times, and I've heard other ask: how many days does the CST have to respond/take action once I've made a request? Here are a few of the questions I've had. If anyone has more questions on dates, feel free to post them, and I'll try to dig up the answers.


Request for a first time evaluation from the CST
Once you've sent in a written request for a first time evaluation for your child from the Child Study Team, they must schedule a meeting within 20 business days of receiving your letter. (Also note it's not a bad idea to save a copy of your letter and to send a copy to the principal of your child's school and to the superintendent. "Lost" letters are then no excuse for not responding to your request.)

Request for a reevaluation
Once you've sent in written request for a reevaluation, the CST must schedule a meeting within 20 business days.

Request for an independent evaluation
Once you've sent in a written request for an independent evaluation, the CST must "act with undue delay" or initiate a due process hearing within 20 days.

Request for the CST to implement an IEP service that is in the IEP
If your child is not receiving a support, accommodation or service that is already in his IEP, and you write a letter to request that it start being appropriately implemented, the CST must respond to the request within 20 days. If a meeting is required, it must be conducted, and a determination on the matter decided, within 20 days.

Is A Meeting Reuired to Change the IEP?

Is a physical meeting required if the CST and the parent wants to change the IEP? No. The 2004 reauthorization of IDEA set up these guidelines:

(4) Agreement. (i) In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.

(ii) If changes are made to the child’s IEP in accordance with paragraph (a)(4)(i) of this section, the public agency must ensure that the child’s IEP Team is informed of those changes.

(5) Consolidation of IEP Team meetings. To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.

(6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated. [§300.324(a)(4)-(6)]

Basically, what that all means is:

• This option can't be used instead of a physical yearly IEP meeting.
• Parents and CST must agree to use this option instead of a physical meeting.
  
• The amendment or modification to the IEP must be in writing.
• The entire IEP team must be informed of all changes to the IEP.
  

Some other important notes about using this option:

• There are no restrictions on what kind of changes can be made.
• No changes can be made without prior notice to the parents, and without giving the parents a chance to discuss the changes.
• Agreement between the parents and the CST to use this option does NOT have to be in writing.
• The consent of the parent to make changes to the IEP (using this option) does not have to be written.
• The parent does not have to agree to the school system's request to amend the IEP without an IEP team meeting. (71 Fed. Reg. at 46685)

Who MUST attend an IEP meeting?

Simply put, all IEP team members are supposed to be at the meeting. If someone is not there, it is not an IEP meeting. If you show up, and there are people missing, you should ask for the meeting to be halted until all members either show up or the meeting is rescheduled when everyone can be there.

Changes to IDEA that happened in 2004 do allow members to be excused from the meeting if the area of expertise is not going to be discussed or modified if the parent and the school system have both agreed in writing that the member's attendance is not necessary.

The provision only applies to certain members of the team—the ones who are required IEP team members:

• the child’s regular education teacher (if the child is, or may be participating in the regular education environment);
• the child’s special education teacher, or where appropriate, the child’s special education provider;
• a representative of the public agency, who is qualified to provide, or supervise the provision of, specially designed instruction; and
• an individual who can interpret the instructional implications of evaluation results.

Please note that related service providers are not required to be at the IEP meeting.

For those required to be there, they can only be legally excused from the meeting if the parents consent to them being absent, and if they provide input into the development of the IEP prior to the meeting. This input must be in writing and is submitted to the parent and the IEP team [§300.321(e)(2)].

Additionally:

• Parents who want to confer with an excused team member may ask to do so before agreeing or consenting to excuse the member from attending the meeting. (71 Fed. Reg. at 46674)
• School systems may not routinely or unilaterally excuse IEP team members from meetings as parent agreement or consent is required in each instance.
• Schools systems need to to carefully consider whether it makes sense to offer to hold the IEP team meeting when a particular member isn't attending or whether it would be better to reschedule the meeting so that person could attend and participate in the discussion. (Id.)
• A school district that routinely excuses team members from attending IEP meetings would not be in compliance with the requirements of the Act, and, therefore, would be subject to the state’s monitoring and enforcement provisions. (Id.)
• It is up to each district to determine the individual in the district with the authority to make the agreement (or provide consent) with the parent to excuse a team member for the meeting. The designated individual must have the authority to bind the district to the agreement with the parent or provide consent on behalf of the district. (71 Fed. Reg. at 46676)

Address 71 Fed. Reg. at 46676

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