Video Summary: Code of Federal Regulations for IEPs

This video goes over the Code of Federal Regulations (CFR) for an Individualized Education Program (IEP). Here we will cover most of the relevant sections of the CFR for IEPs. We will use direct excerpts and provide clarifications for sections that we feel warrant further discussion. We will go through some material we’ve already covered here, but we will also go over material we haven’t, such as regulations pertaining to children under three years of age.

34 CFR § 300.001 (et. seq.) [Note: “et. seq.” means that the quotations we used extend into sections after 300.001]

§ 300.320 Definition of individualized education program.

(a)General.As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.320 through 300.324, and that must include-

(1) A statement of the child’s present levels of academic achievement and functional performance, including-

(i) How the child’s disability affects the child’s involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or

(ii) For preschool children, as appropriate, how the disability affects the child’s participation in activities;

(2)(i) A statement of measurable annual goals, including academic and functional goals designed to-

(A) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and

(B) Meet each of the child’s other educational needs that result from the child’s disability;

(ii) For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;

The first section lists what an IEP is (a written statement of how the school district will accommodate a child with a disability), and what it should include: a statement of the child’s current academic performance, their disabilities, how those disabilities affect their learning, and the benchmarks that go into making sure the child meets the annual goals created by the IEP. The section below further describes what should go into the IEP.

            (3) A description of-

(i) How the child’s progress toward meeting the annual goals described in paragraph (2) of this section will be measured; and

(ii) When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;

(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be organized to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child-

                        (i) To advance appropriately toward attaining the annual goals;

(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and

(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section.

Parts (a)(3) and (4) describe how the IEP should measure the child’s progress within the IEP, when reports on that progress will be provided, and what services and tools will be used to help the child meet the annual goals of the IEP, and to make sure the child is in the regular classroom as often as possible.

(5) An explanation of the extent, in any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of this section;

(6)(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 612(a)(16) of the Act;

(ii) If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, a statement of why—

                                    (A) The child cannot participate in the regular assessment; and

(B) The particular alternate assessment selected is appropriate for the child; and

(7)  The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications.

Parts (a)(5) through (7) outline if the child is to not participate in the regular classroom at any time. If the child needs accommodations to take regular state assessments, or if the IEP team has determined that the child must take an alternate form of assessment, the IEP must reflect that. Finally, the IEP should explicitly say when services for the child will begin.

(b)Transition services.Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include—

(1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

(2) The transition services (including courses of study) needed to assist the child in reaching those goals.

If the child has an IEP by the time they turn 16 years old, any IEP after that must include a list of goals to accomplish after the child graduates from high school, and what services should be provided to help the child reach those goals.

(c)Transfer of rights at age of majority.Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child’s rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under § 300.520.

(d) Construction.Nothing in this section shall be construed to require—

(1) That additional information be included in a child’s IEP beyond what is explicitly required in section 614 of the Act; or

(2) The IEP Team to include information under one component of a child’s IEP that is already contained under another component of the child’s IEP.

Part (c) states that if a child will soon reach their state’s age of majority, the child must be informed of what rights from the Individuals with Disabilities Act (IDEA, the act these sections are under) they will retain after they become legal adults. Part (d) adds that nothing outside of what this section explicitly states should be included in the IEP, and that the IEP Team should not include redundant information.

§ 300.321 IEP Team.

(a)General.The public agency must ensure that the IEP Team for each child with a disability includes—

(1) The parents of the child;

(2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

(3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;

            (4) A representative of the public agency who—

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

                        (ii) Is knowledgeable about the general education curriculum; and

(iii) Is knowledgeable about the availability of resources of the public agency.

(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section;

(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

            (7) Whenever appropriate, the child with a disability.

Part (a) of this section outlines who should be on the IEP team and at IEP meetings: The parents (or legal guardians) of the child, the child’s regular education and special education teachers, someone from the school district who can sign off on key decisions of the IEP, someone who can reliably evaluate the results of the child’s evaluation, along with anyone invited by the parents/guardians or the school, as well as the child, when appropriate (usually during the transition stage).

(b)Transition services participants.(1) In accordance with paragraph (a)(7) of this section, the public agency must invite a child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under § 300.320(b).

(2) If the child does not attend the IEP Team meeting, the public agency must take other steps to ensure that the child’s preferences and interests are considered.

(3) To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of paragraph (b)(1) of this section, the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

(c)Determination of knowledge and special expertise.The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) of this section must be made by the party (parents or public agency) who invited the individual to be a member of the IEP Team.

(d)Designating a public agency representative.A public agency may designate a public agency member of the IEP Team to also serve as the agency representative, if the criteria in paragraph (a)(4) of this section are satisfied.

Part (b) lists a few of the accommodations that must be made when the child is in the transition stage. Any time an IEP meeting will consider what the child will do after graduating high school, the child must provide their input, whether it’s by attending the meeting and offering their perspective there, or through another method if they cannot attend (the IEP team is responsible for securing the child’s input in these cases). If the plans of the IEP or child involve services from any outside agency, the school must invite a representative from said agency (whether it’s someone from the company the child will be working for, or someone from the college the child has decided to go to, etc.).

Parts (c) and (d) state that anyone invited by either the parent or school must have a reason for being there (such as having a unique knowledge of the child’s strengths and disabilities), and that the school must have someone who can make final decisions on what the school can provide the IEP. This includes a principal or any other school administrator.

(e)IEP Team attendance.(1) A member of the IEP Team described in paragraphs (a)(2) through (a)(5) of this section is not required to attend an IEP Team meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.

(2) A member of the IEP Team described in paragraph (e)(1) of this section may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if—

                        (i) The parent, in writing, and the public agency consent to the excusal; and

(ii) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.

(f)Initial IEP Team meeting for child under Part C.In the case of a child who was previously served under Part C of the Act, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.

Part (e) says that if, in reevaluating the IEP for the current school year, the role a professional’s responsibilities in the IEP is not being modified or amended, that person does not have to attend the meeting, as long as the parents/guardians and the school agree it is not necessary for them to be there. Additionally, if their role is being modified, then they can ask to be excused, or submit their attendance through a written report (again, the school and parents/guardians must agree.)

Part (f) refers to how a transition from services under part C of the IDEA (which we won’t be able to cover in this summary) to an IEP should include a service coordinator of the Part C services, and how an invitation to the IEP meeting should be sent to them if the parents/guardians so choose.

 

§ 300.322 Parent participation.

 

(a)Public agency responsibility—general.Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including—

(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

            (2) Scheduling the meeting at a mutually agreed on time and place.

   

(b)Information provided to parents.(1) The notice required under paragraph (a)(1) of this section must—

(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and

(ii) Inform the parents of the provisions in § 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and § 300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act).

(2) For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must—

                        (i) Indicate—

(A) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with § 300.320(b); and

                                    (B) That the agency will invite the student; and

(ii) Identify any other agency that will be invited to send a representative.

 

Parts (a) and (b) of section 300.322 cover how the school or school district must do everything within their power to have the parents/guardians at the IEP meeting. They must notify the parents that an IEP meeting will take place, schedule the meeting at a time and place that works best for the parents, inform the parents of how they (both the school and the parents/guardians) can invite someone with unique knowledge of the child.

 

If the child is in the transition stage, they must lay out that the meeting will discuss the child’s goals after high school, and inform the parents/guardians of any other agencies who will attend the meeting. For more information on how notifying the parents/guardians of an IEP meeting works, please see notification of IEP meeting section on that topic.

 

(c)Other methods to ensure parent participation.If neither parent can attend an IEP Team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with § 300.328 (related to alternative means of meeting participation).

 

(d)Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as—

(1) Detailed records of telephone calls made or attempted and the results of those calls;

            (2) Copies of correspondence sent to the parents and any responses received; and

(3) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

    

(e)Use of interpreters or other action, as appropriate.The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

   

(f)Parent copy of child’s IEP.The public agency must give the parent a copy of the child’s IEP at no cost to the parent.

 

Parts (c) through (f) of this section emphasize just how important it is to the IEP meeting that the parents/guardians attend. If the parents cannot make it (if, for example, they will both be outside of town when the meeting will take place), then teleconferencing is allowed. If the school or IEP team state that the parent did not want to go, they must provide records of the phone calls, letters, and home visits they used to make track the parent down and make sure they at least know one is taking place before they can have the IEP meeting without them. If the parents of the child cannot speak the language the meeting is conducted in, the school should provide an interpreter for them. Finally, the parents must receive a free copy of any IEP drafted in a meeting.

 

§ 300.323 When IEPs must be in effect.

 

(a)General.At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in § 300.320.

 

(b)IEP or IFSP for children aged three through five.(1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a two-year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is—

(i) Consistent with State policy; and

                        (ii) Agreed to by the agency and the child’s parents.

(2) In implementing the requirements of paragraph (b)(1) of this section, the public agency must—

(i) Provide to the child’s parents a detailed explanation of the differences between an IFSP and an IEP; and

(ii) If the parents choosean IFSP, obtain written informed consent from the parents.

 

Part (a) simply states that an IEP must go into effect at the beginning of the school year whenever possible. Part (b) says that if the child is between three to five years of age, the IEP must take into account any Individualized Family Service Plans (IFSPs) that the child already has. If the IFSP meets a number of State requirements, and the parents consent to it, the IFSP can act as the child’s IEP.

 

(c)Initial IEPs; provision of services.Each public agency must ensure that—

(1) A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services; and

(2) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP.

   

(d)Accessibility of child’s IEP to teachers and others.Each public agency must ensure that—

(1) The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and

(2) Each teacher and provider described in paragraph (d)(1) of this section is informed of—

                        (i) His or her specific responsibilities related to implementing the child’s IEP; and

(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

 

Parts (c) and (d) state that if the current IEP is the child’s first, it must be in effect within 30 days of the child’s evaluation. Further, everyone on the IEP team (including parents/guardians, teachers, and special service providers) must have access to the IEP, and be aware of their specific responsibilities within the IEP, as well any changes made to the IEP.

 

(e)IEPs for children who transfer public agencies in the same State.If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either—

            (1) Adopts the child’s IEP from the previous public agency; or

(2) Develops, adopts, and implements a new IEP that meets the applicable requirements in §§ 300.320 through 300.324.

   

(f)IEPs for children who transfer from another State.If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency—

(1) Conducts an evaluation pursuant to §§ 300.304 through 300.306 (if determined to be necessary by the new public agency); and

(2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §§ 300.320 through 300.324.

 

Parts (e) and (f) differentiate between transfers that occur in and out of state. If a child transfers from one school district to another within the same state, the new school district must provide the child with a Free Appropriate Public Education (FAPE) until they either adopt the old school district’s IEP or develop a new one. If the transfer happens between states, the new school district must provide a FAPE to the child until they conduct their own evaluation and create a new IEP based on that evaluation (they cannot adopt the old school district’s IEP).

 

(g)Transmittal of records.To facilitate the transition for a child described in paragraphs (e) and (f) of this section—

(1) The new public agency in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2); and

(2) The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency.

 

Part (g) states that both the old and new school districts must do everything they can to transfer IEP records from the old district to the new one.

 

§ 300.324 Development, review, and revision of IEP.

 

(a) Development of IEP—(1) General. In developing each child’s IEP, the IEP Team must consider—

(i) The strengths of the child;

                        (ii) The concerns of the parents for enhancing the education of their child;

                        (iii) The results of the initial or most recent evaluation of the child; and

                        (iv) The academic, developmental, and functional needs of the child.

            (2) Consideration of special factors. The IEP Team must—

(i) In the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;

(ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP;

(iii) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child’s future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

(iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and

                        (v) Consider whether the child needs assistive technology devices and services.

(3) Requirement with respect to regular education teacher. A regular education teacher of a child with a disability, as a member of the IEP Team, must, to the extent appropriate, participate in the development of the IEP of the child, including the determination of—

(i) Appropriate positive behavioral interventions and supports and other strategies for the child; and

(ii) Supplementary aids and services, program modifications, and support for school personnel consistent with § 300.320(a)(4).

(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.

 

Part (a) of section of section 300.324 covers what should go into the development of an IEP, including the specific aspects of the child, how the parents/guardians, teachers, and service providers must accommodate for any disabilities that affect the child’s learning process, as well as how the IEP can change at the meeting. We’ve quoted the entire CFR for this process here, but for more detailed and understandable information, please see our section on “what is consideed in the development of an IEP”.

 

We have not yet covered  parts (a)(5) and (6) in the linked section, so we will cover them here. (5) asks that the IEP team have as few meetings as possible, and that they consolidate re-evaluation and IEP meetings wherever they can. (6) states that the IEP can be changed by either redrafting the entire IEP at a team meeting, or by amending the current IEP. Either way, the parents/guardians must be informed of these changes.

 

(b)Review and revision of IEPs—(1) General. Each public agency must ensure that, subject to paragraphs (b)(2) and (b)(3) of this section, the IEP Team—

(i) Reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

                        (ii) Revises the IEP, as appropriate, to address—

(A) Any lack of expected progress toward the annual goals described in § 300.320(a)(2), and in the general education curriculum, if appropriate;

                                    (B) The results of any reevaluation conducted under § 300.303;

(C) Information about the child provided to, or by, the parents, as described under § 300.305(a)(2);

                                    (D) The child’s anticipated needs; or

                                    (E) Other matters.

(2) Consideration of special factors. In conducting a review of the child’s IEP, the IEP Team must consider the special factors described in paragraph (a)(2) of this section.

(3) Requirement with respect to regular education teacher. A regular education teacher of the child, as a member of the IEP Team, must, consistent with paragraph (a)(3) of this section, participate in the review and revision of the IEP of the child.

 

Part (b) outlines under what conditions the IEP should be revised, and how often this should happen. If a parent/guardian, teacher, special service providers, doctor, or any other IEP team member notices a problem with the child that is not covered by the current IEP, they should ask that a meeting to review the current IEP take place. Even if no one notices a problem, the IEP should still be reviewed annually, to check up on the child’s progress and see if there might be any issues worth addressing. Additionally, the child’s regular education teacher should be at any meeting that reviews or revises the child’s IEP. For more information on how and why an IEP should be revised, please see the section on “When is an IEP revised”.

 

(c)Failure to meet transition objectives—(1) Participating agency failure. If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with § 300.320(b), the public agency must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

(2) Construction. Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.

 

Part (c) of this section covers what happens if an agency (other than the school) who has agreed to provide some service to the child in the transition stage fails to do so. Specifically, the IEP team should reconvene to discuss what else they can do to help the child without that agency. That said, that does not mean that an agency whose goal is to provide care for those in the transition stage has no obligation to help the child under their own agency rules– this simply provides an answer for what the IEP team should do if that were to happen.

 

(d)Children with disabilities in adult prisons—(1) Requirements that do not apply. The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

(i) The requirements contained in section 612(a)(16) of the Act and § 300.320(a)(6) (relating to participation of children with disabilities in general assessments).

(ii) The requirements in § 300.320(b) (relating to transition planning and transition services) do not apply with respect to the children whose eligibility under Part B of the Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

(2) Modifications of IEP or placement. (i) Subject to paragraph (d)(2)(ii) of this section, the IEP Team of a child with a disability who is convicted as an adult under State law and incarcerated in an adult prison may modify the child’s IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

(ii) The requirements of §§ 300.320 (relating to IEPs), and 300.112 (relating to LRE), do not apply with respect to the modifications described in paragraph (d)(2)(i) of this section.

 

Part (d) covers how the IEP affects children with disabilities who are in prison. These children do not have to participate in the regular classroom and do not need to have transition stage planning if such their eligibility for said planning ends before they are due to be released from prison. If the child is incarcerated after the IEP begins, then the IEP team can revise the current IEP to accommodate the child.

 

§ 300.325 Private school placements by public agencies.

 

(a)Developing IEPs. (1) Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency must initiate and conduct a meeting to develop an IEP for the child in accordance with §§ 300.320 and 300.324.

(2) The agency must ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency must use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.

 

(b)Reviewing and revising IEPs.(1) After a child with a disability enters a private school or facility, any meetings to review and revise the child’s IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.

(2) If the private school or facility initiates and conducts these meetings, the public agency must ensure that the parents and an agency representative—

                        (i) Are involved in any decision about the child’s IEP; and

(ii) Agree to any proposed changes in the IEP before those changes are implemented.

 

(c) Responsibility. Even if a private school or facility implements a child’s IEP, responsibility for compliance with this part remains with the public agency and the SEA.

 

The last section we will cover here says that if a child with an IEP is placed into a private school, the responsibility of carrying out the IEP still lies with the public school district. However, a representative from that private school must attend all IEP meetings to provide input (or provide input through telecommunication). If the private school asks for a review or re-evaluation of the IEP, the public school district is still responsible for making and implementing those changes, and both parties must agree to any changes before they can be made.

 

This concludes our in-depth look at IEP Federal Regulations.