5.2.1 Basic Principles

Any dispute related to the provision of FAPE can in theory be resolved through effective advocacy during the IEP development process, which largely takes place during IEP team meetings. Because the IEP governs all aspects of a student’s education,1  the IEP team has broad authority to modify a student’s educational program in order to provide FAPE. With some clients, an annual IEP meeting or an IEP amendment meeting to discuss some specific aspect of the IEP may already be scheduled when the attorney becomes engaged in the representation. For others, the attorney may need to request an IEP meeting proactively to discuss adding, removing, or changing a specific aspect of the IEP or to overhaul the plan entirely. In all of these scenarios, intensive preparation and the use of well-honed negotiation skills are key to engaging in creative and successful IEP advocacy.

• 1See 34 C.F.R. § 300.320; La. Bulletin 1706 § 320.