1.
Individual
Family Service Plan (IFSP) Team for Children with Disabilities B-2
A. Advance Written Notice, Accessibility and
convenience of meetings
IFSP Meetings must be conducted in settings and at times that
are convenient to families; and in the native language of the family or other
mode of communication used by the family, unless it is clearly not feasible to
do so. Meeting arrangements must be made with, and written notice provided to,
the family and other participants early enough before the meeting date to
ensure that they will be able to attend. [34 CFR
303.342(d)]
A copy of the notice of the IFSP Team meeting shall
be placed in the child's education record.
A copy of the evaluation report must be provided to
the parents at least 3 days prior to the IFSP Team meeting at which the
evaluation will be discussed.
The reports of all evaluations conducted at the SAU's
request shall be provided to the service coordinator of each regional CDS
site.
B. Initial
and Annual IFSP Team Meetings for Children B-2 [34 CFR 303.343 (a and
b)].
(1) Each initial meeting and each annual
meeting to evaluate the IFSP must include the following participants:
(a) The parent or parents of the
child;
(b) Other family members, as
requested by the parent, if feasible to do so;
(c) An advocate or person outside of the
family, if the parent requests that the person participate;
(d) The service coordinator who has been
working with the family since the initial referral of the child for evaluation,
or who has been designated by the public agency to be responsible for
implementation of the IFSP and has written authorization to obligate the IEU's
human and fiscal resources.;
(e) A
person or persons directly involved in conducting the evaluations and
assessments; and
(f) As
appropriate, persons who will be providing services to the child or family.
The IFSP Team composition must be the parent and two or more
individuals from separate disciplines or professions with one of these
individuals being the service coordinator. [34 CFR
303.24]
(2) If a person directly involved in
conducting the evaluations and assessments is unable to attend a meeting,
arrangements must be made for the person's involvement through other means,
including:
(a) Participating in a telephone
conference call;
(b) Having a
knowledgeable authorized representative attend the meeting; or
(c) Making pertinent records available at the
meeting.
C.
Periodic review. Each periodic review must provide for the participation of
persons in paragraphs (B)(1)(a-d). If conditions warrant, provisions must be
made for the participation of other representatives from B.1. above.
[20 USC
1436 (b)]
2.
Individualized Family
Service Plan (IFSP) Team or Individualized Education Program (IEP) Team for
Children Three To Twenty-Two
Federal statute permits the use of the IFSP to record the
special education and related services provided under Part B for children 3-5.
In the case of a child with a disability aged 3 through 5 (or, at the
discretion of the State educational agency, a 2-year old child with a
disability who will turn age 3 during the school year), the IEP Team must
consider an individualized family service plan that contains
the IFSP content (including the natural environments statement) described in
20 USC
1436 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. The individualized family
service plan may serve as the IEP of the child, if using that plan as the IEP
is consistent with State policy; and agreed to by the agency and the child's
parents. In implementing the requirements of this paragraph the SAU must
provide to the child's parents a detailed explanation of the differences
between an IFSP and IEP, and if the parents choose an IFSP, obtain written,
informed consent from the parents. [34 CFR
300.323(b)]
The utilization of the IFSP does not afford the child
the option of continuing the Part C services. Continuation of Part C services
for children 3-5 is not a policy option in Maine. Part C of the Act
(IDEA) does not apply to any child with a disability receiving FAPE, in
accordance with Part B of the Act, with funds under Section 619 of the Act.
[34 CFR
300.818]
A. Advance Written Notice of IEP Meetings
Each SAU 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, notifying parents of
the meeting early enough, at least 7 days prior to the
meeting, to ensure that they will have an opportunity to attend; and
scheduling the meeting at a mutually agreed on time and place. The notice must
indicate the purpose, time, and location of the meeting and who will be in
attendance; and inform the parents of the provisions in
34 CFR
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 , B.5 below),
and 34 CFR
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). For a child with a disability the planning
must begin no later than the 9th grade, or
earlier, if determined appropriate by the IEP Team. The notice must
indicate that the purpose of the meeting will be to begin
post-secondary transition planning in accordance with
34 CFR
300.320(b) and that the SAU
will invite the student and identify any other agency that will be invited to
send a representative. [34
CFR 300.322(a) and (b)
(1,2)]
The notice must include whether the school
administrative unit will have an attorney present at the individualized
education program team meeting.
A copy of the notice of the IEP Team Meeting shall be
placed in the child's education record.
A copy of the evaluation report must be provided to
the parent at least 3 days prior to the IEP Team Meeting at which the
evaluation will be discussed
The reports of all evaluations conducted at the SAU's
request shall be provided to the IEP case manager of each regional site or
SAU.
B. IEP Team
Membership. [20 USC
1414(d)(1)(B) and
34 CFR
300.321(a)] Each IEP Team
shall include the following members:
(2) No less than
one regular education teacher for the child
which should include career
and technical or adult education teachers, if appropriate (if the
child is, or may be, participating in the regular education
environment);
(3) No less than one
special education teacher or, where appropriate, not less than one special
education provider (licensed or certified special education
provider);
(4) A representative of
the school administrative unit who
(a) Is
qualified to provide or supervise the provision specially designed instruction
to meet the unique needs of students with disabilities;
(b) Is knowledgeable about the general
education curriculum;
(c) Is
knowledgeable about the availability of resources of the local educational
agency
and has written authorization to obligate the unit (or written
delegation of that authorization by the responsible SAU to the SAU in which the
child is placed); and
(5) 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;
(6) An individual who can interpret the
instructional implications of evaluation results, who may be a member of the
team described in clauses (2) through (5);
(7) Whenever applicable, the child;
and(8)
For a child who is a state ward or state agency client, the child's
caseworker representing a youth serving state agency. The surrogate parent
retains the sole authority to represent the child by exercising the procedural
safeguards available under this rule.
The determination of knowledge or special expertise
of an individual described in (B)(5) above shall be made by the party (parent
or public agency) who invited the individual to be a member of the IEP
Team.
C. IEP Team Meetings - Transition Services
(1) Transition to preschool and other
programs
(a) Notification to the SEA and
appropriate LEA
.(1) The
regional site, as lead agency representative must ensure that-
(i) Subject to paragraph (a)(2) of this
section, not fewer than 90 days before the third birthday of the toddler with a
disability if that toddler may be eligible for preschool services under part B
of the Act, the
regional site notifies the SEA and the SAU for
the area in which the toddler resides that the toddler on his or her third
birthday will reach the age of eligibility for services under part B of the
Act, as determined in accordance with State law;
(ii) Subject to paragraph (a)(2) of this
section, if the
regional site determines that the toddler is
eligible for early intervention services under part C of the Act more than 45
but less than 90 days before that toddler's third birthday and if that toddler
may be eligible for preschool services under part B of the Act, the
regional site, as soon as possible after determining the
child's eligibility, notifies the SEA and the SAU for the area in which the
toddler with a disability resides that the toddler on his or her third birthday
will reach the age of eligibility for services under part B of the Act, as
determined in accordance with State law; or
(iii) Subject to paragraph (a)(2) of this
section, if a toddler is referred to the
regional site fewer
than 45 days before that toddler's third birthday and that toddler may be
eligible for preschool services under part B of the Act, the
regional
site with parental consent prior to disclosure or use of personally
identifiable information, refers the toddler to the SEA and the SAU for the
area in which the toddler resides; but, the
regional site is
not required to conduct an evaluation, assessment, or an initial IFSP meeting
under these circumstances.
(2) The following personally identifiable
information is provided to the SAU:
(ii) a child's date
of birth,
(iii) Parents' contact
information (including parents' names, addresses, and telephone
numbers).
(b)
Conference to discuss services. The
regional site must ensure
that-
(1) If a toddler with a disability may
be eligible for preschool services under part B of the Act, the
regional site, with the approval of the family of the toddler,
convenes a conference, among the lead agency, the family, and the SAU not fewer
than 90 days-and, at the discretion of all parties, not more than 9
months-before the toddler's third birthday to discuss any services the toddler
may receive under part B of the Act; and.
(2) If the
regional site
determines that a toddler with a disability is not potentially eligible for
preschool services under part B of the Act, the
regional site,
with the approval of the family of that toddler, makes reasonable efforts to
convene a conference among the
regional site, the family, and
providers of other appropriate services for the toddler to discuss appropriate
services that the toddler may receive.
(3)
If a child is using necessary
assistive technology (AT) device(s) that the AT will follow them on to
preschool in order to support a smooth transition and this is identified in the
transition plan/IEP that is developed by CDS.(c) Transition plan. The
regional
site must ensure that for all toddlers with disabilities-
(1)
(i) It
reviews the program options for the toddler with a disability for the period
from the toddler's third birthday through the remainder of the school year;
and
(ii) Each family of a toddler
with a disability who is served under this part is included in the development
of the transition plan required under this section and as part of the
IFSP;
(2) It establishes
a transition plan in the IFSP not fewer than 90 days-and, at the discretion of
all parties, not more than 9 months-before the toddler's third birthday;
and
(3) The transition plan in the
IFSP includes, consistent with the contents of the IFSP, as appropriate-
(i) Steps for the toddler with a disability
and his or her family to exit from the part C program; and
(ii) Any transition services that the IFSP
Team identifies as needed by that toddler and his or her family.
(d) Transition
conference and meeting to develop transition plan
. Any
conference conducted under paragraph (b) of this section or meeting to develop
the transition plan under paragraph (c) of this section (which conference and
meeting may be combined into one meeting) must meet the requirements
accessibility to and parental consent of the IFSP and has the appropriate
membership.
(e) Applicability of
transition requirements.
(1) The transition
requirements in paragraphs (a)(1)(i) and (a)(1)(ii), (b)(1), and (c) of this
section apply to all toddlers with disabilities receiving services under this
part before those toddlers turn age three. [34 CFR
303.209]
(2)
Transition from Regional CDS site
to Public School
(a)
The
regional CDS site is responsible to convene a joint IEP Team Meeting in the
spring of the year prior to a child's right to enroll in a public school. The
receiving SAU will be responsible for the facilitation, development of IEP
amendments, and Written Notice for this joint meeting.(b)
The regional CDS site remains
responsible for those extended school year services which are specified on a
child's IEP until the start of the regular school year in which the child is
eligible for enrollment in the public school.(c)
An SAU's responsibility for the
provision of FAPE to an eligible child who resides within its unit and who
turns five on or before October 15th begins on the
first day that children attend classes at the start of the school
year.
The educational program developed for a child by the
SAU, with input from CDS, to be implemented on the first day of public school,
will be recorded as amendments to the IEP in effect at the time of the
transition meeting in the spring of the year the child will transition from CDS
to the public school. The time frame for the transition IEP meeting and the
development of the amended IEP is April 1st through June 15th. It is expected
that any annual review of the IEP due to take place during that time period
will occur prior to the transition meeting. The regional CDS sites will contact
the local SAUs and schedule transition meetings for children entering public
school kindergarten in the fall. Prior to the CDS site sending the advance
written notice of the transition meeting, the CDS site and the SAU will
jointly, with input from the parent, determine who will be the members of the
IEP Team.
The CDS staff, with input from providers and parents,
will prepare information to share with the SAU such as:
1.
Current IEP with
goals2.
Progress
reports and /or all current evaluations3.
Present levels of
performance4.
Anticipated Extended School Year Services information
The amended IEP will clearly differentiate the
responsible parties and the services time frame for which each party is
responsible. There may be some specific transition goals for a child that will
be a joint responsibility, such as a visit to the public school classroom or a
practice ride on the public school bus. CDS, on behalf of its contracted
providers, must provide to the SAU access to the child's CDS programs in order
for the SAU to make informed decisions about future planning for the
child.
Both the CDS site and the SAU must have a
representative at the meeting who is qualified and authorized to obligate the
unit as required in the MUSER at VI.2.B(4). If the IEP Team does not reach
consensus, the CDS representative authorizes the service(s) to be provided by
CDS and the SAU representative authorizes the service(s) to be provided by the
SAU.
If the transition IEP Team determines that there is
not sufficient evaluative information to address all the child's needs that
result from the child's disability, the transition IEP Team will determine the
additional evaluations to be conducted. If CDS needs an evaluation to complete
its responsibilities, CDS is responsible for the cost of that evaluation.
Otherwise the evaluations will be paid for by the receiving SAU, which may use
federal IDEA, Part B, Section 619 funds for this purpose. Evaluations for which
parental consent is received by the SAU before the start of the school year
will be governed by the 60 calendar day requirement regarding the
administration and completion of the evaluation (section V.1.A(3)(a)(i) of this
rule).
(3) Secondary Transition
(a) Transition services means a coordinated
set of activities for a child with a disability that is designed to be within a
results-oriented process, that: is focused on improving the academic and
functional achievement of the child with a disability to facilitate the child's
movement from school to post school activities, including post-secondary
education, vocational education, integrated employment (including supported
employment), continuing and adult education, adult services, independent
living, or community participation; is based upon the individual child's needs,
taking into account the child's strengths, preferences, and interests; and
includes instruction, related services, community experiences, the development
of employment and other post school adult living objectives, and if
appropriate, acquisition of daily living skills and provision of a functional
vocational assessment. Transition services for children with disabilities may
be special education, if provided as specially designed instruction, or a
related service, if required to assist a child with a disability to benefit
from special education. [34
CFR 300.43]
(b) Beginning not later than
9th
grade the IEP Team will start the transition plan and it will be
updated annually thereafter-
(aa) appropriate
measurable postsecondary goals based upon age appropriate transition
assessments related to training, education, employment, and, where appropriate,
independent living skills;
(bb) the
transition services (including courses of study,
(such as participation
in advanced placement courses, a vocational education program, or adult
education program) needed to assist the child in reaching those goals;
and
(cc) beginning not later than 1
year before the child reaches the age of majority under State law, a statement
that the child has been informed of the child's rights under IDEA, if any, that
will transfer to the child on reaching the age of majority under
20 USC
1415(m) of IDEA.
[20 USC
1414(d)(1)(A) (VIII) and
34 CFR
300.320(b)]
(c) 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 post-secondary goals for the child
and the transition services needed to assist the child in reaching those goals.
[34 CFR
300.321(b)(1)]
(d) 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. [34 CFR
300.321(b)(2)]
(e) To the extent appropriate, with the
consent of the parents or the child who has reached age of majority, in
implementing the requirements of (c) above, the public agency must invite a
representative of any participating agency that is likely to be responsible for
providing or paying for transition services. [34 CFR
300.321(b)(3)]
(f) Failure to meet transition objectives. If
a participating agency, other than the SAU, fails to provide the transition
services described in the IEP, the local educational agency shall reconvene the
IEP Team to identify alternative strategies to meet the transition objectives
for the child set out in the IEP. [20 USC
1414(d)(6)]
Nothing in these rules relieves any other agency,
including the Maine Department of Health and Human Services, the Maine
Department of Labor, the Maine Department of Corrections, the Maine Department
of Public Safety, or the Bureau of Vocational Rehabilitation, 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.
(g) Summary of performance.--For a child
whose eligibility under this part terminates
due to graduation from
secondary school with a regular diploma, or due to exceeding the age
eligibility for a free appropriate public education, an SAU shall
provide the child with a summary of the child's academic achievement and
functional performance, which shall include recommendations on how to assist
the child in meeting the child's postsecondary goals.
D. Alternative Means of Meeting
Participation [20 USC
1414(f)]
When conducting IEP team meetings and placement meetings
pursuant to 20 USC
1414(d),
1415(e), and
1415(f)(1)(B),
and carrying out administrative matters under 1415 (such as scheduling,
exchange of witness lists, and status conferences) the parent of a child with a
disability and a SAU shall permit the use of use alternative
means of meeting participation, such as video conferences and
individual or conference telephone calls
to ensure that the parents of a child with a disability are able to
have appropriate persons participate in individualized education program team
meetings and special education dispute resolution procedures. A school
administrative unit is not required to spend any funds to purchase additional
equipment in order to comply with this provision.
E. Attendance Not Necessary [20 USC
1414(d)(1)(C)(i) and
34 CFR
300.321(e)(1)]
A member of the IEP Team described in 2.B(2-5) 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 SAU agree in
writing that the attendance of such member is not necessary because the
member's area of curriculum or related services is not being modified or
discussed in the meeting.
F. Excusal [20 USC
1414(d)(1)(C)(ii) and 34 CFR
300 . 321(e)(2)]
A member of the IEP Team 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 curriculum or related services,
if-
(1) The parent, in writing, and
the SAU consent to the excusal; and
(2) The member submits, in writing to the
parent and the IEP Team, input into the development of the IEP prior to the
meeting.
The SAU must ensure that the child's IEP Team is informed of
changes (made to the IEP). [34 CFR
300.324(a)(4)(ii)]
Initial IEP Team Meeting for the child under Part C. In the
case of a child who was previously served under Part C of IDEA, 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. [34 CFR
300.321(f)]
G. Written Agreement
and Consent Required [20 USC
1414(d)(1)(C)(iii)]
A parent's agreement under (E) and consent under (F) above
shall be in writing.
H.
Parent Participation
(1) 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-
(a) Notifying parents of the meeting early
enough to ensure that they will have an opportunity to attend; and
(b) Scheduling the meeting at a mutually
agreed on time and place.
(2) Information provided to parents.
(a) The notice required under paragraph
(1)(a) 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).
(b) For a child
with a disability
the planning must begin no later than the
9th grade or earlier, if determined
appropriate by the IEP Team,
and the notice also must-
(i) Indicate-
(I) 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
(II) That the agency will invite the student;
and
(ii) Identify any
other agency that will be invited to send a representative.
(3) 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).
(4) 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-
(a) Detailed records of telephone calls made
or attempted and the results of those calls;
(b) Copies of correspondence sent to the
parents and any responses received; and
(c) Detailed records of visits made to the
parent's home or place of employment and the results of those visits.
(5) 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.
(6) 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
within 21 school days of the IEP
Team Meeting. [20
U.S.C. 1414(d)(1)(B)(i) and
34 CFR
300.322 (a-f)]
I.
IEP Decision-Making
Process
The IEP meeting serves as a communication vehicle
between parents and school personnel, and enables them, as equal participants,
to make joint, informed decisions regarding:
(1)
The child's needs and appropriate
goals;(2)
The
extent to which the child will be involved in the general curriculum and
participate in the regular education environment and State and district-wide
assessments; and(3)
The services needed to support that involvement and participation and
to achieve agreed-upon goals. Parents are considered equal partners with school
personnel in making these decisions, and the IEP Team must consider the
parents' concerns and the information that they provide regarding their child
in determining eligibility; developing, reviewing, and revising IEPs; and
determining placement.
The IEP Team should work toward consensus, but the
SAU has ultimate responsibility to ensure that a child is appropriately
evaluated; that the IEP includes the services that the child needs in order to
receive FAPE; and that the child's placement is in the least restrictive
educational placement. It is not appropriate to make evaluation, eligibility,
IEP or placement decisions based upon a majority "vote." If the team cannot
reach consensus, the SAU must provide the parents with prior written notice of
the school's proposals or refusals, or both, regarding their child's
educational program, and the parents have the right to seek resolution of any
disagreements by initiating an impartial due process hearing or a State
complaint investigation.
Every effort should be made to resolve differences
between parents and school staff through voluntary mediation or some other
informal step, without resorting to a due process hearing. However a mediation
or other informal procedure may not be used to deny or delay a parent's right
to a due process hearing or to deny any other rights afforded under these
rules.
J.
Major IEP Team
Responsibilities
The major responsibilities of an IEP Team
are:
(1)
To review,
as part of an initial evaluation (if appropriate) and as part of any
reevaluation of a child, existing evaluation data including evaluations and
information provided by the parents of the child, current classroom-based
assessments and observations, and teacher and supportive services providers
observation to determine, with input from the child's parents, what additional
data, if any, are needed to determine whether a child is a child with a
disability as defined in VII of this rule.(2)
To determine the present levels
of performance and educational needs of the child in all affected academic and
non-academic areas.(3)
To determine any necessary modifications and/or adaptations in the
child's regular education program if existing data is insufficient to identify
the child as eligible for special education services.(4)
To develop or revise an
Individualized Education Program (IEP) as described in IX to provide each
identified child with a disability a free appropriate public
education.(5)
To
review, at least annually, the Individualized Education Program of each child
with a disability to:(a)
Determine whether the annual goals for the child are being
achieved;(b)
Revise the IEP as appropriate to address any lack of expected progress
toward the annual goals and in the general curriculum, where
appropriate;(c)
Consider the results of any reevaluation;(d)
Consider any information about
the child provided to, or by, the parents;K.
Audio Recording of IEP
Meetings
Parents shall be permitted to audio record any IEP
meeting regarding their child at their own expense. Schools may also audio
record (or video record for families who are deaf or hard of hearing) IEP
Meetings in which case the recording becomes an educational record subject to
the provisions of XIV of this rule.
L.
Abbreviated school day
An abbreviated school day can be initiated only by
the IEP Team for one of two reasons:
1)
based upon the child's individual
educational needs or 2)
based upon the child's individual
medical needs.
It is the full expectation that children eligible
under this Chapter will attend school the equivalent amount of time per day as
children without disabilities in the same school and/or school program. These
provisions do not apply to a change in placement under Section
XV II, Discipline of
Children with Disabilities in the regulation. An abbreviated school day
for more than 10 days is considered to be a "change in placement" and can be
made only by the IEP Team.
IEP teams shall make every effort to maintain
children in full-day programs utilizing, supplementary aids and services,
before determining that an abbreviated school day is appropriate and
necessary.
(1)
Abbreviated school day by the IEP Team based on a child's individual
educational needs
If the team considers that an abbreviated school day
is appropriate and necessary, the IEP Team must:
(a)
Address how the child will meet
the system of learning results (which may include a core of standards in
English language arts and mathematics for kindergarten through grade 12
established in common with other states), and receive full access to the
general curriculum and services on the IEP, as determined by the individual
child's need;(b)
Address how the child will participate in local and statewide
assessments;(c)
Develop a revised IEP with a re-entry plan for the child to return to a
full-time school day within a reasonable period of time, no longer than 45
calendar days; and,(d)
Delineate in the revised IEP with the re-entry plan the actions the SAU
will take to assist the child to participate in a full day of school;
and(e)
Document
in the Written Notice the basis for the determination of an abbreviated school
day and how the determination is based on the individual needs of the
child.
If the child does not return to a full-time school
day within 45 calendar days, the IEP Team must convene every 20 school days
thereafter to:
review progress toward returning to full-time school
day;
review progress in the educational setting;
and,
if the child is not progressing, determine what setting
will allow the child to progress.
(2)
Abbreviated school day by the IEP
Team based upon a child's individual medical needs.
If the IEP Team considers that an abbreviated school
day is appropriate and necessary, the IEP Team must:
(a)
Discuss and consider the
individual medical needs as identified by the qualified medical
professional(s);(b)
Address how the child will meet the system of learning results (which
may include a core of standards in English language arts and mathematics for
kindergarten through grade 12 established in common with other states) and
receive full access to the general curriculum and the services on the IEP, as
determined by the individual child's medical needs;(c)
Address how the child will
participate in local and statewide assessments consistent with the child's
individual medical needs; and(d)
Document in the Written Notice
the medical basis for the determination of an abbreviated school day.
Until such time as the child is medically able to
transition to a full school day, the IEP Team shall meet no less frequently
than every 90 calendar days. In exceptional cases, this may be exceeded when
determined necessary by the IEP Team consistent with medical recommendation(s).
At these meetings, the IEP Team shall review the child's progress and modify
the IEP as appropriate. At such time as the child is medically able to increase
his/her school day, the IEP Team will reconvene to revise the
IEP.
