Opinion No. (2002)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE RICHARD G. POLANCO, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May members of the news media attend a child's individualized education program meeting as observers if their attendance has the consent of the parents? CONCLUSION Members of the news media may not attend a child's individualized education program meeting as observers even though their attendance has the consent of the parents. ANALYSIS Under the federal Individuals with Disabilities Act ( 20 U.S.C. § 1400 -1419), states and local agencies receive funds from the federal government "to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living. . . ." ( 20 U.S.C. § 1400 (d)(1)(A).) This purpose is achieved through preparation and implementation of an annual individualized education program ("IEP") for the child. ( 20 U.S.C. § 1401 (11), 1414 (d); 34 C.F.R. §§ 300.340-300.350 (2001); Ojai…