As used in this chapter, the terms defined in this part have
the meanings given them.
A.
"Individualized education program" or "IEP" means a written statement for each
pupil that is developed, reviewed, and revised in a meeting in accordance with
this part and that includes:
(1) a statement
of the pupil's present levels of educational performance, including how the
pupil's disability affects the pupil's involvement and progress in the general
curriculum, or for preschool pupils, as appropriate, how the disability affects
the pupil's participation in appropriate activities;
(2) a statement of measurable annual goals,
including benchmarks or short-term objectives, related to meeting the pupil's
needs that result from the pupil's disability to enable the pupil to be
involved in and progress in the general curriculum, and meeting each of the
pupil's other educational needs that result from the pupil's
disability;
(3) a statement of the
special education and related services and supplementary aids and services to
be provided to the pupil, or on behalf of the pupil, and a statement of the
program modifications or supports for school personnel that will be provided
for the pupil to advance appropriately toward attaining the annual goals, to be
involved and progress in the general curriculum in accordance with subitem (1)
and to participate in extracurricular and other nonacademic activities, and to
be educated and participate with other pupils and students in the activities
described in this paragraph;
(4) an
explanation of the extent, if any, to which the pupil will not participate with
students in the regular class and in the activities described in subitem
(3);
(5) a statement of any
individual modifications in the administration of state or districtwide
assessments of student achievement that are needed in order for the pupil to
participate in such assessment. If the IEP team determines that the pupil will
not participate in a particular state or districtwide assessment of student
achievement or part of such an assessment, a statement of why that assessment
is not appropriate for the pupil; and how the pupil will be assessed;
(6) the projected date for the beginning of
the services and modifications described in subitem (3), and the anticipated
frequency, location, and duration of those services and
modifications;
(7) beginning at age
14, and updated annually, a statement of the transition service needs of the
pupil in accordance with part
3525.2900, subpart
4;
(8) when a pupil reaches the age of 18,
unless a guardian or conservator has been appointed for the pupil by a court of
competent jurisdiction, the following shall occur and be documented in the
pupil's IEP:
(a) the district shall provide
any notice required under this chapter to the pupil and the pupil's parents;
and
(b) all other rights accorded
to the parents under this chapter and Part B of IDEA 1997, Code of Federal
Regulations, title 34, chapter 300, transfer to the pupil, even if the pupil is
incarcerated in an adult or juvenile state or local correctional institution.
Beginning at least one year before the pupil reaches the age
of 18, the pupil and the pupil's parents must be informed of those rights under
this chapter that will transfer to the pupil at age 18;
(9) a statement of how the pupil's
progress toward the annual goals described in subitem (2) will be measured, how
the pupil's parents will be regularly informed by such means as periodic report
cards, at least as often as parents are informed of their nondisabled student's
progress, of the pupil's progress toward the annual goals described in subitem
(2), and the extent to which that progress is sufficient to enable the pupil to
achieve the goals by the end of the year;
(10) a statement of the pupil's need for and
the specific responsibilities of a paraprofessional; and
(11) any documentation required in Minnesota
Statutes, section
125A.0942.
B. "Individualized education
program team" or "IEP team" means a group of individuals that must include:
(1) the parents of the pupil;
(2) at least one regular education teacher of
the pupil, if the pupil is, or may be, participating in the regular education
environment;
(3) at least one
special education teacher or, where appropriate, at least one special education
provider of the pupil;
(4) an
administrative designee, as defined in part
3525.0210, subpart
2, who is qualified to
provide or supervise the provision of specially designed instruction to meet
the unique needs of pupils with disabilities, is knowledgeable about the
general curriculum, and is knowledgeable about the availability of resources of
the district;
(5) an individual who
can interpret the instructional implications of evaluation results, who may be
a member of the team described in subitems (2) to (6);
(6) at the discretion of the parent or the
district, other individuals who have knowledge or special expertise regarding
the pupil, according to Code of Federal Regulations, title 34, section
300.344(c), including related services personnel, as appropriate; and
(7) whenever appropriate, the
pupil.