Iowa Admin. Code r. 281-41.324 - Development, review, and revision of IEP
(1)
Development of IEP .
a.
General. In developing each child's IEP , the IEP team must
consider:
(1) The strengths of the
child;
(2) The concerns of the
parents for enhancing the education of their child;
(3) The results of the initial or most recent
evaluation of the child; and
(4)
The academic, developmental, and functional needs of the child.
b.
Consideration of
special factors. The IEP team must:
(1) 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;
(2) 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 ;
(3) 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;
(4) 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
(5) Consider whether the child needs
assistive technology devices and services, including accessible instructional
materials.
c.
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:
(1) Appropriate positive behavioral
interventions and supports and other strategies for the child; and
(2) Supplementary aids and services, program
modifications, and support for school personnel consistent with paragraph
41.320(1)"e."
d.
Agreement.
(1) 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 .
(2) If changes are made to the child's IEP in
accordance with subparagraph 41.324(1)"d"(1), the public
agency must ensure that the child's IEP team is informed of those
changes.
(3) A public agency may
only agree to make changes pursuant to subparagraph
41.324(1)"d"(1) concerning resources the public agency has the
authority to commit.
e.
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.
f.
Amendments. Changes to
the IEP may be made either by the entire IEP team at an IEP team meeting or as
provided in paragraph 41.324(1)"d" 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.
(2)
Review and revision of
IEPs.
a.
General.
Each public agency must ensure that, subject to paragraphs
41.324(2)"b" and "c," the IEP team:
(1) Reviews the child's IEP periodically, but
not less frequently than annually, to determine whether the annual goals for
the child are being achieved; and
(2) Revises the IEP , as appropriate, to
address the following:
1. Any lack of expected
progress toward the annual goals described in paragraph
41.320(1)"b," and in the general education curriculum, if
appropriate;
2. The results of any
reevaluation conducted under rule
281-41.303 (256B, 34CFR300
);
3. Information about the child
provided to or by the parents, as described in paragraph
41.305(1)"b";
4.
The child's anticipated needs; or
5. Other matters.
b.
Consideration of
special factors. In conducting a review of the child's IEP , the IEP
team must consider the special factors described in paragraph
41.324(1)"b."
c.
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 41.324(1)"c," participate in the
review and revision of the IEP of the child.
(3)
Failure to meet transition
objectives.
a.
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 subrule 41.320(2), 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 .
b.
Construction . Nothing in this chapter 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.
(4)
Children with disabilities in
adult prisons.
a.
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:
(1) The
requirements contained in Section 612(a)(16) of the Act and paragraph
41.320(1)"g" relating to participation of children with
disabilities in general assessments.
(2) The requirements in subrule 41.320(2)
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.
b.
Modifications of IEP or placement.
(1) Subject to subparagraph
41.324(4)"b"(2), 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.
(2) The requirements
in rule 281-41.320 (256B, 34CFR300)
relating to IEPs and rule 281-41.114 (256B, 34CFR300) relating to LRE do not
apply with respect to the modifications described in subparagraph
41.324(4)"b"(1).
(5)
Interim IEP . An IEP must
be in effect before special education and related services are provided to an
eligible individual. This does not preclude the development of an interim IEP
that meets all the requirements of rule
281-41.320 (256B, 34CFR300 ) when
the IEP team determines that it is necessary to temporarily provide special
education and related services to an eligible individual as part of the
evaluation process, before the IEP is finalized, to aid in determining the
appropriate services for the individual. An interim IEP may also be developed
when an eligible individual moves from one LEA to another and a copy of the
current IEP is not available, or either the LEA or the parent believes that the
current IEP is not appropriate or that additional information is needed before
a final decision can be made regarding the specific special education and
related services that are needed. IEP teams cannot use interim IEPs to
circumvent the requirements of this division. It is essential that the
temporary provision of service not become the final special education for the
individual before the IEP is finalized. In order to ensure that this does not
happen, IEP teams shall take the following actions:
a.
Specific conditions and
timelines. Develop an interim IEP for the individual that sets out the
specific conditions and timelines for the temporary service. An interim IEP
shall not be in place for more than 30 school days.
b.
Parent agreement and
involvement. Ensure that the parents agree to the interim service
before it is carried out and that they are involved throughout the process of
developing, reviewing, and revising the individual's IEP .
c.
Complete evaluation and make
judgments. Set a specific timeline for completing the evaluation and
making judgments about the appropriate services for the individual.
d.
Conduct meeting. Conduct
an IEP meeting at the end of the trial period in order to finalize the
individual's IEP .
(6)
Rules of construction -instruction in braille. For an eligible
individual for whom instruction in braille is determined to be appropriate, as
provided in subparagraph 41.324(1)"b"(3), that eligible
individual is entitled to instruction in braille reading and writing that is
sufficient to enable the individual to communicate with the same level of
proficiency as an individual of otherwise comparable ability at the same grade
level. Instruction in braille reading and writing may only be provided by a
teacher with an endorsement to teach individuals who are blind or visually
impaired.
Notes
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