Quick Answer
Under IDEA, required IEP meeting members include the parent, at least one general education teacher, at least one special education teacher, a district representative with authority over resources, and someone who can interpret evaluation results. You can also invite anyone with knowledge of your child — an advocate, therapist, or family member. A required member can only be excused with your written consent.
Under IDEA, required IEP meeting members include: the parent, at least one general education teacher, at least one special education teacher, a district representative with authority over resources, and someone who can interpret evaluation results. You can also bring anyone with knowledge of your child — an advocate, therapist, or family member. A required member can only be excused with your written consent.
Federal law is specific about who must be at that table — and what happens when they are not.
Required IEP Team Members
Under the Individuals with Disabilities Education Act (IDEA) (34 CFR 300.321), the IEP team is not a suggestion. It is a legally defined group of people, each with a specific role. If the right people are not in the room, the meeting may not be valid.
Here are the required members:
| Required Member | Role | Why They Matter |
|---|---|---|
| Parent(s) or Guardian | Equal decision-maker | You know your child better than anyone. You are not a guest — you are a full member of the team with equal standing. |
| At least one Regular Education Teacher | General curriculum expert | Knows the grade-level standards, classroom environment, and how accommodations will work in the general education setting. Required if the child is, or may be, in general education. |
| At least one Special Education Teacher or Provider | Specialized instruction expert | Designs the specially designed instruction, goals, and services. This should be someone who actually works with your child — not a stranger. |
| LEA Representative (District Rep) | Authority over resources | Must be qualified to provide or supervise special education, knowledgeable about the general curriculum, AND authorized to commit district resources. If this person cannot say "yes" to services, they should not be in this seat. |
| Someone Who Can Interpret Evaluation Results | Data interpreter | Explains what the assessment data means in terms of instruction. Can be one of the other members listed above (e.g., the special education teacher). |
| The Student (when appropriate) | Self-advocate | Required when transition planning is discussed (typically age 14-16+, depending on state). Can attend at any age if the parent chooses. |
| Others with Knowledge or Expertise | Invited by parent or school | Anyone who knows the child — therapists, advocates, attorneys, tutors, family members. Either side can invite additional people. |
Who You Can Bring
Under 34 CFR 300.321(a)(6), you have the right to invite anyone with knowledge or special expertise regarding your child. The school does not get to veto your guests. Here is who parents commonly bring:
- An advocate — Someone trained in special education law who can help you navigate the meeting, ask the right questions, and ensure your rights are respected.
- An attorney — If things are contentious or you are approaching due process. Note: if you bring an attorney, the school may bring theirs, which can change the meeting dynamic.
- A private therapist or evaluator — Your child's outside speech therapist, occupational therapist, psychologist, or tutor who can speak to your child's needs from a clinical perspective.
- A family member or friend — For emotional support, note-taking, or as a second set of ears. There is no requirement that your guest be a "professional."
- A note-taker — You are allowed to have someone whose only job is to write down what happens in the meeting. This is especially helpful if you want to focus on the conversation.
One practical note: while you are not legally required to tell the school who you are bringing, giving a heads-up can prevent surprise and defensiveness. A quick email — "I will be bringing my child's private speech therapist and a parent advocate to the meeting" — keeps things professional without giving up any rights.
Excusal Rules: When Members Can Skip
Sometimes a required IEP team member genuinely cannot attend. IDEA allows for excusals — but with strict conditions designed to protect your rights. These rules are found in 34 CFR 300.321(e).
There are two scenarios:
Scenario 1: The member's area is NOT being discussed
If a required member's area of expertise is not being modified or discussed at the meeting, they can be excused with your written consent. For example, if the meeting is focused on behavior and will not touch reading goals, the regular education teacher could potentially be excused.
Scenario 2: The member's area IS being discussed
If the meeting will cover the excused member's area of expertise, they can only be excused if:
- You give written consent to the excusal, AND
- The member submits written input to you and the team before the meeting
Both conditions must be met. Written consent alone is not enough if their area is being discussed — they must also provide their input in writing so the team has their professional perspective.
Watch for these excusal red flags:
- Verbal consent only. The law requires written consent. If the school asks you verbally and you say "okay," that does not meet the legal standard. Insist on a written excusal form that you sign.
- No written input provided. If the excused member's area is being discussed and they did not send written input before the meeting, the excusal is not valid — even if you signed the consent form.
- Excusal form handed to you at the start of the meeting. This is a pressure tactic. You have no obligation to decide on the spot. You can say: "I'd like to review this and reschedule to include everyone."
- Blanket excusals. Some schools try to get you to sign one excusal form covering multiple meetings or multiple members. Each excusal should be for a specific meeting and a specific person.
Virtual Attendance Rules
IDEA allows IEP team members to attend meetings by phone or video conference — but only when the parent and school agree. Under 34 CFR 300.328, alternative means of participation (phone, video) can be used if both parties consent.
This means:
- The school cannot force you to accept a virtual meeting if you want in-person.
- You cannot force the school to hold a virtual meeting if they want in-person (though some states have expanded virtual participation rights — see state notes below).
- Individual team members can attend virtually while others are in-person, if both sides agree.
Virtual attendance is not the same as excusal. A member attending by phone is still attending — they are present, participating, and able to contribute. This can be a practical solution when a required member (like a private therapist you invited) is in another city.
If you agree to virtual participation, make sure:
- The connection is reliable — a dropped call mid-meeting is not meaningful participation.
- The virtual participant can hear and be heard by everyone.
- The virtual participant receives all documents being reviewed in the meeting.
What to Do When Someone's Missing
You show up to the meeting and the general education teacher is not there. Nobody mentioned an excusal. Nobody asked for your written consent. What now?
- Say something immediately. Before the meeting begins, state on the record: "I notice [name/role] is not present. Was an excusal requested? I did not provide written consent for anyone to be excused."
- Ask who the required team members are. If you are not sure everyone is there, ask the school to identify each person and their role on the IEP team. Every person at the table should be identified.
- Request rescheduling. You have the right to say: "I would like all required members present. Can we reschedule?" The school must make reasonable efforts to accommodate this.
- If you proceed, document it. If you choose to proceed despite a missing member (maybe it is a minor issue and you do not want to delay), send a follow-up email: "I am noting for the record that [role] was not present at today's meeting and no written excusal was provided."
- Know your leverage. If the school made decisions at a meeting where required members were absent without proper excusal, that is a procedural violation of IDEA. You can challenge those decisions through a state complaint or due process. See your IEP rights for more on procedural violations.
This matters most when the missing person is the LEA representative (the person with authority over resources) or the special education teacher. Without these members, the team cannot make meaningful decisions about services or specially designed instruction.
Should Your Child Attend?
This is one of the most personal decisions in the IEP process. There is no single right answer — it depends on your child's age, maturity, and comfort level.
When the student MUST be invited
Under 34 CFR 300.321(b), the student must be invited to the IEP meeting whenever transition planning is discussed. Most states begin transition planning between ages 14 and 16, though this varies. If the student does not attend, the school must take steps to ensure the student's preferences and interests are considered.
When the student turns 18
At the age of majority (18 in most states), IDEA rights transfer from the parent to the student. The student becomes a full member of the IEP team and must be invited to all meetings. Parents can still attend, but the student is now the primary decision-maker unless a legal guardianship or supported decision-making agreement is in place.
At younger ages
Even before transition age, students can attend their own IEP meetings. Some benefits:
- Self-advocacy skills. Learning to speak up about their own needs is a life skill.
- Ownership. Students who understand their IEP are more likely to use their accommodations.
- Perspective. The student can share what is working and what is not — information the team may not have.
Some cautions:
- IEP meetings can include difficult conversations about a child's challenges. Consider whether your child is ready to hear those discussions.
- Some children attend for a portion of the meeting — sharing their perspective at the start, then leaving for the more technical discussion.
- Prepare your child in advance. Explain what the meeting is about, who will be there, and that they can share their thoughts. Role-play common questions.
If you want your child to attend, tell the school in advance so they can plan accordingly. If you want your child to attend only part of the meeting, communicate that too. For more on preparing everyone for the meeting, see our guide on how to prepare for an IEP meeting.
Your Attendance Checklist
Use this before every IEP meeting:
- Confirm the meeting notice. Did you receive written notice with the date, time, location, purpose, and who will attend? If not, request it.
- Review who is listed. Does the notice list all required members by name and role? Is a regular education teacher included? Is the LEA rep someone with actual authority?
- Decide who you are bringing. Advocate? Therapist? Family member? You do not need permission, but a courtesy heads-up helps.
- Check for excusal requests. Has the school asked to excuse anyone? Did they provide a written excusal form? Do you agree? Remember: you can say no.
- Verify written input. If a member is excused and their area will be discussed, did they provide written input to you before the meeting? If not, the excusal is not valid.
- Decide on your child's attendance. Is transition being discussed? Does your child want to attend? Have you prepared them?
- Plan documentation. Bring a notebook or note-taker. If your state allows, consider recording. Send a follow-up email after the meeting summarizing decisions made.
- Know the LEA rep's authority. At the start of the meeting, ask: "Does the district representative have the authority to commit resources today?" If the answer is no or hedging, note it.
- Count heads. When you sit down, confirm that every required member is present. If someone is missing, speak up before the meeting begins.
For a deeper dive into meeting preparation, including what documents to bring and questions to ask, read our full guide: How to Prepare for an IEP Meeting. If you disagree with decisions made at the meeting, see How to Disagree at an IEP Meeting. And for understanding the annual cycle, check out Annual IEP Review: What to Expect.
Sources
- Individuals with Disabilities Education Act (IDEA) — U.S. Department of Education
- 34 CFR 300.321 — IEP Team — Code of Federal Regulations
- 34 CFR 300.322 — Parent Participation — Code of Federal Regulations
- 34 CFR 300.328 — Alternative Means of Meeting Participation — Code of Federal Regulations
- IEP Team Members — Center for Parent Information and Resources
New Hampshire — State-Specific Guidance
✓ New Hampshire follows the federal IDEA framework
The guidance in this article is accurate for New Hampshire parents. Below is how New Hampshire implements the relevant federal requirements.
Verified Mar 2026
Required IEP Sections in New Hampshire
New Hampshire IEPs must include all sections required under federal IDEA (34 CFR 300.320-300.324) plus state-specific additions under Ed 1100. Required sections include: present levels of academic and functional performance (PLAAFP) showing how the disability affects education; measurable annual goals with benchmarks for alternate assessments; description of how progress will be measured and reported; special education and related services based on peer-reviewed research; explanation of time outside regular class; accommodations for state/district assessments or alternate assessment justification; projected dates and frequency of services; and transition services beginning at age 14 (or younger if appropriate per Ed 1109.01(a)(10)) with measurable postsecondary goals. New Hampshire-specific additions: if a functional behavioral assessment (FBA) exists, the IEP must include FBA data and reference a positive behavior intervention plan (RSA 186-C:7, IV). Districts may provide IEPs electronically by default; parents may elect U.S. mail instead (RSA 186-C:7, V). When a parent rejects an IEP proposal, the school district must notify the NH Department of Education through NHSEIS within 5 instruction days and provide the parent a description of available dispute resolution options within 30 business days (Ed 1120.04(c)). All core documents in due process cases must be provided to hearing officers at least 5 business days before any prehearing conference (RSA 186-C:16-b, III-b).
Key Requirements
- •Your child's IEP must include present levels of academic and functional performance (PLAAFP), measurable annual goals with progress measurement plans, description of special education and related services, and explanation of any time the child won't be with nondisabled peers (Ed 1109; 34 CFR 300.320).
- •If your child has a functional behavioral assessment (FBA), the IEP must include FBA data and reference to a positive behavior intervention plan (RSA 186-C:7, IV, effective 1/1/2024).
- •Transition services must be included in the IEP beginning no later than when the child turns 14 (Ed 1109.01(a)(10)) or younger if the IEP team determines it appropriate, with measurable postsecondary goals related to education, employment, and independent living (34 CFR 300.320(b)).
- •If you reject your child's IEP, the school district must notify the NH Department of Education within 5 instruction days (not business days) and must provide you with a written description of available dispute resolution processes within 30 business days (Ed 1120.04(c)).
- •You have the right to receive your child's IEP in writing at no cost; the school may provide it electronically by default unless you elect to receive U.S. mail (RSA 186-C:7, V).
Timelines
- ◴Initial IEP must be developed and in effect within 30 calendar days of the eligibility determination meeting, and before special education and related services are made available to the child (Ed 1109.03; 34 CFR 300.323(c)).
- ◴Transition services must begin in the IEP no later than when the child turns 14 (Ed 1109.01(a)(10)) years old, or younger if the IEP team determines it appropriate (34 CFR 300.320(b)).
- ◴When a parent rejects an IEP proposal, the district must notify the NH Department of Education within 5 instruction days of the rejection (Ed 1120.04(c)).
- ◴Within 30 business days of a parent rejecting an IEP proposal, the district must provide the parent written notice describing available dispute resolution processes and sources for assistance (Ed 1120.04(c)).
- ◴At the beginning of each school year, the IEP must be in effect for each child with a disability (34 CFR 300.323(a); Ed 1109.03).
- ◴In due process hearings, all core documents must be provided to the hearing officer at least 5 business days prior to any prehearing conference (RSA 186-C:16-b, III-b(a)).
Parent Rights in New Hampshire
In New Hampshire, parents have fundamental rights in special education under RSA 186-C and the state's adoption of federal IDEA requirements (34 CFR 300 et seq.). Parents must be meaningfully involved in all decisions about their child's special education, from initial evaluation through IEP development and placement. Key parent rights include: receiving written notice before the school takes any action (or refuses to take action) affecting special education; providing informed consent for initial evaluations and IEP implementation; participating as equal members of the IEP team; requesting independent educational evaluations at public expense under certain conditions; accessing all education records; and using dispute resolution processes including mediation, neutral conferences, and due process hearings. New Hampshire has strengthened parent protections through recent amendments (effective through 2025): schools must now provide automatic discovery of core documents to parents in due process cases at least 5 business days before hearings (RSA 186-C:16-b); parents can receive IEP documents electronically if they choose; and schools must notify the state within 5 days when parents reject proposed IEPs or placements, with the state then providing parents information about dispute resolution options within 30 business days. The state has also established a tracking system for special education complaints (RSA 186-C:5-a), with public summaries available within 30 days of decisions. Parents should understand that consent is voluntary and can be revoked at any time, and that they have the right to an interpreter if needed. These rights ensure parents can effectively advocate for their child's free, appropriate public education (FAPE) in the least restrictive environment.
Key Requirements
- •Parents must give informed written consent before the school conducts an initial evaluation, implements the IEP, or takes other special education actions—consent is voluntary and can be revoked at any time (RSA 186-C, 34 CFR 300.9).
- •Schools must provide parents with written prior notice describing any proposed changes to the child's identification, evaluation, educational placement, or IEP services, and parents have the right to request a due process hearing to challenge these decisions (Ed 1120.03, 34 CFR 300.503).
- •Parents are equal members of the IEP team and must be notified early enough to attend IEP meetings at mutually agreed times; if a parent cannot attend, the school must make other efforts (phone, video conference, home visit) to ensure participation (34 CFR 300.321–322).
- •In due process hearings, parents now receive automatic discovery of core documents—including IEP deliberations, evaluations, progress reports, and prior notices from the last 3 years—at least 5 business days before any hearing conference (RSA 186-C:16-b, effective 6/2/2025).
- •When parents reject a proposed IEP, educational placement, or services, the school must notify the state within 5 days; the state then has 30 business days to inform parents about available dispute resolution processes—mediation, neutral conference, or due process hearing (Ed 1120.04(c), effective 10/1/2024).
Timelines
- ◴Initial evaluation: 60 calendar days from receipt of parent consent (federal IDEA default; NH follows this standard per Ed 1107)
- ◴IEP development: As soon as possible after evaluation is completed; parents receive written notice at least 5 days before any IEP meeting (34 CFR 300.322(b)(1))
- ◴Prior written notice: Schools must provide notice before proposing or refusing any action affecting special education (34 CFR 300.503)
- ◴State notification of parental refusal: School district must notify state within 5 days of parent's rejection of IEP or placement (Ed 1120.04(c), effective 10/1/2024)
- ◴State response to parental refusal: Department of Education must contact parent with dispute resolution information within 30 business days of notification (Ed 1120.04(c), effective 10/1/2024)
- ◴Due process hearing request: Parents may request a hearing within 2 years of when they knew or reasonably should have known of the alleged violation (34 CFR 300.507)
- ◴Due process hearing timeline: Hearing officer must issue a decision within 45 calendar days of the due process complaint, unless extended by mutual written consent (34 CFR 300.515; NH follows federal default)
- ◴Expedited due process hearing: Must be completed within 20 school days if the issue involves discipline/dangerous behavior (RSA 186-C:16-b; federal requirement per 34 CFR 300.532)
- ◴State complaint investigation: Department must issue findings within 60 calendar days of complaint filing, extendable by mutual agreement to 90 days (34 CFR 300.152)
- ◴Public summary of complaints: Department must post complaint outcomes on website within 30 days of issuing final decision (RSA 186-C:5-a, effective 9/1/2025)