Current through Register Vol. 28, No. 3, September 1, 2024
8.1 General: The public agency shall ensure that the IEP team for each child with a disability includes:
8.1.1 The parents of the child;
8.1.2 Not less than one (1) regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
8.1.3 Not less than one (1) special education teacher of the child, or where appropriate, not less than one (1) special education provider of the child;
8.1.4 A representative of the public agency who:
8.1.4.1 Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
8.1.4.2 Is knowledgeable about the general education curriculum;
8.1.4.3 Is knowledgeable about the availability of resources of the public agency; and
8.1.4.4
Has authority to commit agency resources and be able to ensure that whatever services are set out in the IEP will actually be provided.
8.1.5 An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in subsections 8.1.2 through 8.1.6;
8.1.6 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;
8.1.7 Whenever appropriate, the child with a disability; and
8.1.8
Whenever the child is, or may be, participating in a career and technical education program, a career technical education teacher of the child, or career technical teacher coordinator.
8.2 Transition services participants: In accordance with subsection 8.1.7, the public agency shall, in writing, 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.
8.2.1 If the child does not attend the IEP team meeting, the public agency shall take other steps to ensure that the child's preferences and interests are considered.
8.2.2 To the extent appropriate, with the consent of the parents or a child who has reached the age of 18, in implementing the requirements of subsection 8.2, the public agency shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
8.3 Determination of knowledge and special expertise: The determination of the knowledge or special expertise of any individual described in subsection 8.1.6 shall be made by the party (parents or public agency) who invited the individual to be a member of the IEP team.
8.4 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 subsection 8.1.4.4 are satisfied.
8.4.1 At the beginning of each school year, the public agency shall identify its agency representatives, and any person designated to serve as an agency representative at each or any of its schools, in writing.
8.4.2 The agency's written list of representatives and designees shall be supplied to each school of the public agency. It shall be available to the DOE upon request. The agency's representative and designee list shall be updated and redistributed to schools throughout the school year to the extent staffing and personnel changes alter the original list.
8.5 IEP team attendance: A member of the IEP team described in subsections 8.1.2 through 8.1.5 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.
8.5.1 A member of the IEP team described in subsection 8.5 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:
8.5.1.1 The parent, in writing, and the public agency consent to the excusal; and
8.5.1.2 The member submits, in writing to the parent and the IEP team, input into the development of the IEP prior to the meeting.
8.6 Initial IEP team meeting for child under Part C: In the case of a child who was previously served under Part C of the Individuals with Disabilities Education Act, an invitation to the initial IEP team meeting shall, 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.
(Authority: 20 U.S.C. 1414(d)(1)(B)-(d)(1)(D); 14 Del.C. §
3110)
8.7
No public agency, or any person acting under the authority of a public agency, shall discriminate or take any adverse employment or contract action against any person based upon statements that the person makes while advocating for a student in connection with an IEP, including statements made in preparation for or at a meeting, review, or conference concerning a child with a disability's free and appropriate public education.
8.7.1
Entities or persons who violate this subsection shall be subject to the same sanctions as persons or entities that engage in unlawful employment practices under 19 Del.C. Ch. 7.
