Current through September 18, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-30-8; IC 20-35
Sec. 3.
(a) For each
CCC meeting, the public agency must designate a representative who:
(1) is:
(A)
knowledgeable about the availability of, and has the authority to commit,
resources of the public agency;
(B)
qualified to provide or supervise the provision of specially designed
instruction to meet the unique needs of students with disabilities;
and
(C) knowledgeable about the
general education curriculum; and
(2) may be any public agency participant of
the CCC if the criteria of subdivision (1) are satisfied.
(b) The public agency must ensure that the
case conference participants include the following:
(1) The designated public agency
representative as described in subsection (a).
(2) One (1) of the following:
(A) The student's current teacher of
record.
(B) In the case of a
student with a language or speech impairment only, the speech-language
pathologist.
(C) For a student
whose initial eligibility for special education and related services is under
consideration, a teacher licensed in the area of the student's suspected
disability.
(3) Not fewer
than one (1) of the student's general education teachers, if the student is or
may be participating in the general education environment. For purposes of
early childhood, a general education teacher may be:
(A) a general education:
(i) teacher who provides services to
nondisabled students in the public agency's preschool program; or
(ii) kindergarten teacher who provides
services to nondisabled students if the student is of kindergarten age;
or
(B) an individual
knowledgeable about early childhood development, curriculum, and integrated
placement options if the public agency does not have a general education
preschool program.
(4) An
individual who can interpret the instructional implications of evaluation
results, who may be a member of the CCC described in subdivisions (1) through
(3) or subsection (e).
(5) The:
(A) parent of a student less than eighteen
(18) years of age; or
(B) student
of legal age as defined in
511 IAC 7-32-91;
unless the parent or student of legal age choose not to
participate, as described in section 2(b) of this rule.
(c) The public agency
must ensure the participation in the CCC of additional individuals in the
following circumstances:
(1) When a purpose
of the meeting is the initial consideration of the student's eligibility for
special education and related services, at least one (1) qualified professional
who is a member of the multidisciplinary team that evaluated the
student.
(2) When a purpose of the
meeting is to develop, review, or revise the IEP for a student to be enrolled
or currently enrolled in an alternative school or alternative education program
under IC 20-30-8, a representative of the alternative school or alternative
education program who is authorized to:
(A)
make a recommendation regarding admission to the school; and
(B) commit resources.
(3) When a purpose of the meeting is to
develop, review, or revise the IEP for a student to be enrolled or currently
enrolled in a state operated school or state operated facility, a
representative of the state operated school or state-state-operated
[sic] facility who is authorized to:
(A) make a recommendation regarding admission
to the school or facility; and
(B)
commit resources.
(4)
When a purpose of the meeting is to develop an IEP for a student to be placed
to
[sic] in a nonpublic school or facility by a public agency
in accordance with section 13 of this rule, the following persons must
participate in person or by other methods, including individual or conference
telephone calls:
(A) A representative of the
nonpublic school or facility.
(B) A
representative of the local public agency providing any of the student's
special education and related services.
(5) When the student has been unilaterally
enrolled in a nonpublic school by the student's parent, a representative of the
nonpublic school. If the representative cannot attend, the public agency must
use other methods to ensure participation by the representative of the
nonpublic school, including individual or conference telephone calls or video
conference.
(d) The
public agency must invite the following individuals to participate in the CCC
meeting in the following circumstances:
(1)
In the case of a child who is transitioning from Part C of the Individuals with
Disabilities Education Act as described in
511 IAC 7-43-2, an invitation to
the initial CCC 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.
(2) When a purpose of the meeting is to
develop or revise the transition IEP in accordance with
511 IAC 7-43-4 and section 9 of
this rule, the public agency must invite the following:
(A) The student. If the student does not
attend, the public agency must take other steps to ensure that the student's
preferences and interests are considered.
(B) To the extent appropriate, and with the
consent of the parent, or student of legal age as defined in
511 IAC 7-32-91, a representative
of any participating agency, other than the public agency, likely to be
responsible for providing or paying for transition
services.
(e)
At the discretion of the parent or the public agency, other individuals who
have knowledge or special expertise regarding the student, including related
services personnel, as appropriate, may participate in the CCC meeting. The
determination of the knowledge and special expertise of any individual
described in this subsection must be made by the party who invited the
individual to participate.
(f) At
the discretion of the parent, the student may participate in any CCC meeting in
addition to those meetings to which the student must be invited.
(g) A member of the CCC described in
subsection (b)(1) through (b)(4) is not required to attend a CCC meeting, in
whole or in part, if the parent 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.
(h) A member of the CCC
described in subsection (b)(1) through (b)(4) may be excused from attending a
CCC 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
the:
(1) parent, in writing, and the public
agency consent to the excusal, as consent is defined at
511 IAC 7-32-17; and
(2) member submits, in writing to the parent
and the CCC, input into the development of the IEP prior to the meeting, unless
the member attends the part of the meeting that involves a modification to or
discussion of the member's area of the curriculum or related
services.
