Current through March 14, 2024
(a)
General. At the beginning of each school year, each public
agency must have in effect, for each child with a disability within its
jurisdiction, an IEP, as defined in §300.320.
(b)
IEP or IFSP for children aged
three (3) through five (5).
(1) In
the case of a child with a disability aged three
(3) through
five
(5) and a two-year-old child with a disability who will
turn age three
(3) during the school year, the IEP
committee must consider an IFSP that contains the IFSP content
(including the natural environments statement) described in section 636(d) of
IDEA 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
(3) years of age), and that is
developed in accordance with the IEP procedures under this part. The IFSP may
serve as the IEP of the child, if using the IFSP as the IEP is
(i) Consistent with State policy;
and
(ii) Agreed to by the agency
and the child's parents.
(2) In
developing an IEP or IFSP for
a child aged three (3) through five (5), the public agency must
(i) Provide to the child's parents a detailed
explanation of the differences between an IFSP and an IEP; and
(ii) If the agency and
parents choose an IFSP, the agency must obtain written
informed consent from the parents.
(c)
Initial IEPs; provision of
services. Each public agency must ensure that
(1) A meeting to develop an IEP for a child
is conducted within thirty (30) days of a
determination that the child needs special education and related services;
and
(2)
Immediately, without delay,
following development of the IEP, special education and related services are
made available to the child in accordance with the child's IEP.
(d)
Accessibility of
child's IEP to teachers and others. Each public agency must ensure
that
(1) The child's IEP is accessible to
each general education teacher, special education teacher,
related services provider, and any other service provider who is responsible
for its implementation; and
(2)
Each teacher and provider described in paragraph (d)(1)
above
is informed of
(i) His or her specific
responsibilities related to implementing the child's IEP; and
(ii) The specific accommodations,
modifications and supports that must be provided for the child in accordance
with the IEP.
(e)
IEPs for children who transfer
public agencies within Mississippi. If a child with a disability (who
had an IEP that was in effect in a previous public agency in
Mississippi), transfers to a new public agency in the State
and enrolls in a new school within the same school year, the new public agency
(in consultation with the parents) must provide FAPE to the child (including
services comparable to those described in the child's IEP from the previous
public agency), until the new public agency either
(1) Adopts the child's IEP from the previous
public agency; or
(2) Develops,
adopts, and implements a new IEP that meets the applicable requirements in
§§300.320 through 300.324.
(f)
IEPs for children who transfer
from another State. If a child with a disability (who had an IEP that
was in effect in a previous public agency in another State) transfers to a
public agency in the State, and enrolls in a new school within
the same school year, the new public agency (in consultation with the parents)
must provide the child with FAPE (including services comparable to those
described in the child's IEP from the previous public agency), until the new
public agency
(1) Conducts an evaluation
pursuant to §§300.304 through 300.306 (if determined to be necessary
by the new public agency); and
(2)
Develops, adopts, and implements a new IEP, if appropriate, that meets the
applicable requirements in §§300.320 through 300.324.
(g)
Transmittal of
records. To facilitate the transition for a child described in
paragraphs (e) and (f) above
(1) The new public agency in which the child
enrolls must take reasonable steps to promptly obtain the child's records,
including the IEP and supporting documents and any other records relating to
the provision of special education or related services to the child, from the
previous public agency in which the child was enrolled, pursuant to 34 CFR
section 99.31(a)(2)(Requirements under FERPA); and
(2) The previous public agency in which the
child was enrolled must take reasonable steps to promptly respond to the
request from the new public agency.
