The Excusal Provision of the IDEA 2004: Streamlining Procedural Compliance or Prejudicing Rights of Students With Disabilities?

Abstract

When the Individuals with Disabilities Education Act (IDEA) was reauthorized in 2004, one of the significant amendments concerned Individual Education Program (IEP) team attendance. A member of an IEP team may be excused if "the member's area of the curriculum or related services is not being modified or discussed in the meeting." The purpose in this article is to examine the excusal provision and its potential for streamlining compliance or prejudicing a child's right to a free and appropriate public education (FAPE) guaranteed by the IDEA. The author also proposes guidelines for school personnel constituting IEP teams.

Keywords:

• excusal
• Free Appropriate Public Education (FAPE)
• Individualized Education Program (IEP) teams
• Individuals with Disabilities Education Improvement Act (IDEIA)