4.02 Meeting Requirements

4.02.01 General Requirements

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Each public agency must ensure that -

(1) A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services. 34 C.F.R. 300.323(c)(1)

4.02.02 Ensuring Parent Attendance at Meetings

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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 -

(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(2) Scheduling the meeting at a mutually agreed on time and place. 34 C.F.R. § 300.322(a).

(1) The notice required under paragraph (a)(1) 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 participation of other individuals on the IEP Team who have knowledge or special expertise about the child) and § 300.231 (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).

(2) For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must -

(i) Indicate -

(A) 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

(B) That the agency will invite the student; and

(ii) Identify any other agency that will be invited to send a representative 34 C.F.R. § 300.322(b).

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). 34 C.F.R. § 300.322(c).

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 -

(1) Detailed records of telephone calls made or attempted and the results of those calls;

(2) Copies of correspondence sent to the parents and any responses received;

(3) Detailed records of visits made to the parent's home or place of employment and the results of those visits. 34 C.F.R. § 300.322(d).

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. 34 C.F.R. § 300.322(e).

4.02.03 Annual review of the IEP

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Each public agency must ensure that, subject to paragraphs (b)(2) and (b)(3) of this section, the IEP Team

(i) Reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved. 34 C.F.R. § 300.324(b)(1)(i).

4.02.04 Periodic Review of the IEP and Changes to IEP Outside of Meetings

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(i) In making changes to a child's IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP.

(ii) If changes are made to the child's IEP in accordance with paragraph (a)(4)(i) of this section, the public agency must ensure that the child's IEP Team is informed of those changes. 34 C.F.R. § 300.324(a)(4).

To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child. 34 C.F.R. § 300.324(a)(5).

Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated. 34 C.F.R. § 300.324(a)(6).

4.02.05 Private Schools

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If a child with a disability is enrolled in a religious or other private school by the child's parents and will receive special education or related services from an LEA, the LEA must -

(1) Initiate and conduct meetings to develop, review, and revise a services plan for the child, in accordance with § 300.138(b). 34 C.F.R. § 300.137(c)(1).

Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency must initiate and conduct a meeting to develop an IEP for the child in accordance with §§300.320 and 300.324. 34 C.F.R. § 300.325(a)(1).

After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency. 34 C.F.R. § 300.325(b)(1).

4.02.06 Failure to Provide Transition Services

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If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with § 300.320(b), the public agency must reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the IEP. 34 C.F.R. § 300.324(c)(1).

If a participating agency, other than the local school district, fails to provide the transition services described in the IEP in accordance with subpart 1, item A, subitem (7), the district shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the pupil set out in that program. Minn. R. 3525.2810, subp. 4.

4.02.07 Review of Emergency Use of Conditional Procedures/Behavior Intervention Procedures

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If an emergency intervention is used twice in a month or a pupil's pattern of behavior is emerging that interferes with the achievement of the pupil's educational goals and objectives, a team meeting must be called to determine if the pupil's IEP is adequate, if additional assessment is needed, and, if necessary, to amend the IEP. Districts may use conditional procedures in emergencies until the IEP team meets, provided the emergency measures are deemed necessary by the district to protect the individual pupil or others from harm. The IEP team shall meet as soon as possible, but no later than five school days after emergency procedures have commenced. Minn. R. 3525.2900, subp. 5(C).

4.02.08 Alternative Means of Meeting Participation

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When conducting IEP Team meetings and placement meetings pursuant to this subpart, and subpart E of this part, and carrying out administrative matters under section 615 of the Act (such as scheduling, exchange of witness lists, and status conferences), the part of a child with a disability and a public agency may agree to use alternative means of meeting participation, such as video conferences and conference calls. 34 C.F.R. § 300.328.

4.02.09 Excused Absence from Team Meeting by Individual Members

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(1) A member of the IEP Team described in paragraphs (a)(2) through (a)(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 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.

(2) A member of the IEP Team described in paragraph (e)(1) of this section 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 -

(i) The parent, in writing, and the public agency consent to the excusal; and

(ii) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting. 34 C.F.R. § 300.321(e).