Kan. Admin. Regs. § 91-40-17 - IEP team meetings and participants
(a) Each agency
shall take steps to ensure that one or both of the parents of an exceptional
child are present at each IEP team meeting or are afforded the opportunity to
participate. These steps shall include the following:
(1) Scheduling each meeting at a mutually
agreed-upon time and place and informing the parents of the information
specified in subsection (b) of this regulation; and
(2) except as otherwise provided in K.A.R.
91-40-37, providing written notice, in conformance with subsection (b) of this
regulation, to the parents of any IEP team meeting at least 10 days in advance
of the meeting.
(b) The
notice required in subsection (a) of this regulation shall meet the following
requirements:
(1) The notice shall indicate
the purpose, time, and location of the IEP team meeting and the titles or
positions of the persons who will attend on behalf of the agency, including, if
appropriate, any other agency invited to send a representative to discuss
needed transition services.
(2) If
the meeting is for a child who has been receiving special education services
under the infant and toddler provisions of the federal law but is now
transitioning to the provisions for older children, the notice shall specify
that the parent may require that a representative of the infant and toddler
program be invited to attend the initial IEP team meeting to assist with the
smooth transition of services.
(3)
The notice shall indicate the following information, if a purpose is to
consider postsecondary goals and transition services for the child:
(A) The agency will invite the child to
attend.
(B) One of the purposes of
the meeting will be to consider the postsecondary goals and needed transition
services for the student.
(4) The notice shall inform the parent that
the parent has the right to invite to the IEP team meeting individuals whom the
parent believes to have knowledge or special expertise about the child.
(c) If a parent of an
exceptional child cannot be physically present for an IEP team meeting for the
child, the agency shall attempt other measures to ensure parental
participation, including individual or conference telephone calls.
(d) An agency shall take action to ensure
that parents understand the discussions that occur at IEP team meetings,
including arranging for an interpreter for parents who are deaf or whose native
language is other than English.
(e)
(1) An
agency may conduct an IEP team meeting without parental participation if the
agency, despite repeated attempts, has been unable to contact the parent or
parents or to convince them that they should participate.
(2) If an agency conducts an IEP team meeting
without parental participation, the agency shall have a record of the attempts
that the agency made to contact the parents to provide them notice of the
meeting and to secure their participation. The record shall include at least
two of the following:
(A) Detailed records of
telephone calls made or attempted, including the date, time, and person making
the calls and the results of the calls;
(B) detailed records of visits made to the
parent's home, including the date, time, and person making the visit and the
results of the visit;
(C) copies
of correspondence sent to each parent and any responses received; and
(D) detailed records of any other
method attempted to contact the parents and the results of that attempt.
(f)
(1) An agency shall invite a child with a
disability, regardless of the child's age, to attend any IEP team meeting for
the child if a purpose of the meeting is consideration of the child's
postsecondary goals and transition services needs.
(2) If the child with a disability does not
attend the IEP team meeting, an agency shall take other steps to ensure that
the child's preferences and interests are considered.
(g) If a purpose of any IEP team meeting for
a child with a disability is consideration of the postsecondary goals of the
child and the transition services needed to assist the child to reach those
goals, the agency, with the consent of a parent or the child if the child is at
least 18 years old, shall invite a representative of any other agency that is
likely to be responsible for providing or paying for transition services.
(h) A regular education teacher of
an exceptional child, as a member of an IEP team, shall participate to the
extent appropriate in the development, review, and revision of the child's IEP.
This participation shall include assisting in making the following
determinations:
(1) The appropriate positive
behavioral interventions and strategies for the child;
(2) the supplementary aids and services
needed by the child; and
(3) the
program modifications or supports for school personnel that will be provided to
assist the child.
(i)
If qualified to do so, an agency member of the IEP team may serve in the role
of two or more required members of a child's IEP team.
(j) In asking individuals with knowledge or
special expertise about a child to be members of the child's IEP team, the
party asking the person to participate shall have the sole discretion in
determining whether the invited person has knowledge or special expertise
regarding the child.
Notes
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