4.03 Required Content of the IEP

Legal Citations

As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services which are appropriate to their needs. [ . . . ] The student's needs and the special education instruction and services to be provided must be agreed upon through the development of an individual education plan. The plan must address the student's need to develop skills to live and work as independently as possible within the community. [ . . . ] Minn. Stat. § 125A.08(a)(1).

Nothing in this section shall be construed to require -

(1) That additional information be included in a child's IEP beyond what is explicitly required in section 614 of the Act; or

(2) The IEP Team to include information under one component of a child's IEP that is already contained under another component of the child's IEP. 34 C.F.R. § 300.320(d).

Nothing in this part shall be construed to require the IEP team to include information under one component of a pupil's IEP that is already contained under another component of such IEP. Minn. R. 3525.2810, subp. 5.

4.03.01 Present Level of Education Performance

Legal Citations

As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include -

(1) A statement of the child's present levels of academic achievement and functional performance, including -

(i) How the child's disability affects the child's involvement and progress in the general education curriculum (i.e. the same curriculum as for nondisabled children); or

(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities. 34 C.F.R. § 300.320(a)(1).

"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 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. Minn. R. 3525.2810, subp. 1(A)(1).

In developing each pupil's IEP, the IEP team shall consider the strengths of the pupil and the concerns of the parents for enhancing the education of the pupil, the results of the initial evaluation or most recent evaluation of the pupil, and, as appropriate, the results of the pupil's performance on any general state or districtwide assessment program. Minn. R. 3525.2810, subp. 2(A).

A. Strengths of the Child and Concerns of the Parents

In developing each child's IEP, the IEP Team must consider -

(i) The strengths of the child; and

(ii) The concerns of the parents for enhancing the education of their child. 34 C.F.R. § 300.324(a)(1)(i)-(ii).

In developing each pupil's IEP, the IEP team shall consider the strengths of the pupil and the concerns of the parents for enhancing the education of the pupil, the results of the initial evaluation or most recent evaluation of the pupil, and, as appropriate, the results of the pupil's performance on any general state or districtwide assessment program. Minn. R. 3525.2810, subp. 2(A).

B. Recent Evaluation Results

In developing each child's IEP, the IEP Team must consider -

(iii) The results of the initial or most recent evaluation of the child. 34 C.F.R. § 300.324(a)(1)(iii).

C. Academic, Developmental, and Functional Needs

In developing each child's IEP, the IEP Team must consider -

(iv) The academic, developmental, and functional needs of the child. 34 C.F.R. § 300.324(a)(1)(iv).

In developing each pupil's IEP, the IEP team shall consider the strengths of the pupil and the concerns of the parents for enhancing the education of the pupil, the results of the initial evaluation or most recent evaluation of the pupil, and, as appropriate, the results of the pupil's performance on any general state or districtwide assessment program. Minn. R. 3525.2810, subp. 2(A).

D. Communication Needs

The IEP Team must -

(iv) consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode. 34 C.F.R. § 300.324(a)(2)(iv).

The IEP Team must -

(iii) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation fo the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child. 34 C.F.R. § 300.324(a)(2)(iii).

The IEP Team must -

(ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP. 34 C.F.R. § 300.324(a)(2)(ii).

The IEP team shall:

(4) consider the communication needs of the pupil, and in the case of a pupil who is deaf or hard of hearing, consider the pupil's language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil's language and communication mode. Minn. R. 3525.2810, subp. 2(B)(4).

The IEP team shall:

(3) in the case of a pupil who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the pupil's reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the pupil's future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the pupil. Minn. R. 3525.2810, subp. 2(B)(3).

In developing an individualized education plan for each blind student the presumption must be that proficiency in reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each student must include a Braille skills inventory, including a statement of strengths and deficits. Braille instruction and use are not required by this paragraph if, in the course of developing the student's individualized education program, team members concur that the student's visual impairment does not affect reading and writing performance commensurate with ability. This paragraph does not require the exclusive use of Braille if other special education services are appropriate to the student's educational needs. The provision of other appropriate services does not preclude Braille use or instruction.

Instruction in Braille reading and writing must be available for each blind student for whom the multidisciplinary team has determined that reading and writing is appropriate. Minn. Stat. § 125A.06(c).

Instruction in Braille reading and writing must be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level. Minn. Stat. § 125A.06(d).

The student's individualized education plan must specify:

(1) the results obtained from the assessment required under paragraph (c);

(2) how Braille will be implemented through integration with other classroom activities;

(3) the date on which Braille instruction will begin;

(4) the length of the period of instruction and the frequency and duration of each instructional session;

(5) the level of competency in Braille reading and writing to be achieved by the end of the period and objective assessment measures to be used; and

(6) if a decision has been made under paragraph (c) that Braille instruction or use is not required for the student: a statement that the decision was reached after a review of pertinent literature describing the educational benefits of Braille instruction and use; and a specification of the evidence used to determine that the student's ability to read and write effectively without Braille is not impaired. Minn. Stat. § 125A.06(e).

The IEP team shall:

(2) in the case of a pupil with limited English proficiency, consider the language needs of the pupil as such needs relate to the pupil's IEP. Minn. R. 3525.2810, subp. 2(B)(2).

If, in determining, the special factors described in items A and B, the IEP determines the pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive FAPE, the IEP team must include a statement to that effect in the pupil's IEP. Minn. R. 3525.2810, subp. 2(C).

E. Student's Behavior Impedes Learning

The IEP Team must -

(i) In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior. 34 C.F.R. § 300.324(a)(2)(i).

[ . . . ] The individual education plan team must consider positive behavioral interventions, strategies, and supports that address behavior for children with attention deficit disorder or attention deficit hyperactivity disorder. Minn. Stat. § 125A.08(a)(1).

The IEP team shall:

(1) in the case of a pupil whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including positive behavioral interventions and supports to address that behavior. Minn. R. 3525.2810, subp. 2(B)(1).

If, in determining, the special factors described in items A and B, the IEP determines the pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive FAPE, the IEP team must include a statement to that effect in the pupil's IEP. Minn. R. 3525.2810, subp. 2(C).

F. Assistive Technology

The IEP Team must -

(v) Consider whether the child needs assistive technology devices and services. 34 C.F.R. § 300.324(a)(2)(v).

The IEP team shall:

(5) consider whether the pupil requires assistive technology devices and services. Minn. R. 3525.2810, subp. 2(B)(5).

If, in determining, the special factors described in items A and B, the IEP determines the pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive FAPE, the IEP team must include a statement to that effect in the pupil's IEP. Minn. R. 3525.2810, subp. 2(C).

4.03.02 Short and Long Term Goals and Objectives

Legal Citations

As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.320 through 300.324, and that must include -

(2)(i) A statement of measurable annual goals, including academic and functional goals designed to -

(A) Meet the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum; and

(B) Meet each of the child's other educational needs that result from the child's disability;

(ii) For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives. 34 C.F.R. § 300.320(a)(2).

"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 includes:

(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. Minn. R. 3525.2810, subp. 1(A)(2).

4.03.03 Least Restrictive Environment (LRE)

Legal Citations

As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.320 through 300.3254, and that must include -

(5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of this section. 34 C.F.R. § 300.320(a)(5).

"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 includes:

(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). Minn. R. 3525.2810, subp. 1(A)(4).

4.03.04 Special Education and Related Services

Legal Citations

As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.320 through 300.324, and that must include -

(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child -

(i) To advance appropriately toward attaining the annual goals;

(ii) To be involved and progress in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and

(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section. 34 C.F.R. § 300.320(a)(4).

"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 includes:

(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; Minn. R. 3525.2810, subp. 1(A)(3)

The [multidisciplinary] team member licensed in a pupil's disability shall be responsible for conducting the pupil's evaluation and participating at team meetings when an IEP is developed, reviewed, or revised. Consultation and indirect services as defined in part 3525.0210 must be provided to the general or special education teacher providing instruction if not licensed in the disability. The frequency and amount of time for specific consultation and indirect services shall be determined by the IEP team.

Pupils may receive instruction and related services from any or all of the [multidisciplinary] team members with appropriate skills. The special education provided by each team member shall be included in the IEP. Minn. R. 3525.2350, subp. 3 & 4.

A. Extended School Year Services

Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, in accordance with §§ 300.320 through 300.324, that the services are necessary for the provision of FAPE to the child. 34 C.F.R. § 300.106(a)(2).

In implementing the requirements of this section, a public agency may not -

(i) Limit extended school year services to particular categories of disability; or

(ii) Unilaterally limit the type, amount, or duration of those services. 34 C.F.R. § 300.106(a)(3).

School districts are required to provide extended school year (ESY) services to a pupil if the IEP team determines the services are necessary during a break in instruction in order to provide a free appropriate public education. Minn. R. 3525.0755, subp. 1.

At least annually, the IEP team must determine a pupil is in need of ESY services if the pupil meets the conditions of item A, B, or C.

A. there will be significant regression of a skill or acquired knowledge from the pupil's level of performance on an annual goal that requires more than the length of the break in instruction to recoup unless the IEP team determines a shorter time for recoupment is more appropriate;

B. services are necessary for the pupil to attain and maintain self-sufficiency because of the critical nature of the skill addressed by an annual goal, the pupil's age and level of development, and the timeliness for teaching the skill; or

C. the IEP team otherwise determines, given the pupil's unique needs, that ESY services are necessary to ensure the pupil receives a free appropriate public education. Minn. R. 3525.0755, subp. 3.

The IEP team must decide the basis for determining whether a pupil is eligible for ESY services using information including:

A. prior observation of the pupil's regression and recoupment over the summer;

B. observation of the pupil's tendency to regress over extended breaks in instruction during the school year; and

C. experience with other pupils with similar instructional needs. Minn. R. 3525.0755, subp. 4.

Instruction in Braille reading and writing is a service for the purpose of special education and services under Minn. Stat. § 125A.06. Minn. Stat. § 125A.06(f).

"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 includes:

(10) a statement of the pupil's need for and the specific responsibilities of a paraprofessional; and

(11) any documentation required in part 3525.2900, subpart 5. Minn. R. 3525.2810, subp. 1(A)(10)-(11).

B. Cost Consideration

As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services which are appropriate to their needs. Where the individual education plan team has determined appropriate goals and objectives based on the student's needs, including the extent to which the student can be included in the least restrictive environment, and where there are essentially equivalent and effective instruction, related services, or assistive technology devices available to meet the student's needs, cost to the district may be among the factors considered by the team in choosing how to provide the appropriate services, instruction, or devices that are to be made part of the student's individual education plan. The individual education plan team shall consider and may authorize services covered by medical assistance according to section 256B.0625, subdivision 26. [. . .] Minn. Stat. § 125A.08(a)(1).

C. Role of the Regular Education Teacher

A regular education teacher of a child with a disability, as a member of the IEP Team, must, to the extent appropriate, participate in the development of the IEP of the child, including the determination of -

(i) Appropriate positive behavioral interventions and supports and other strategies for the child; and

(ii) Supplementary aids and services, program modifications, and support for school personnel consistent with § 300.320(a)(4). 34 C.F.R. § 300.324(a)(3).

The regular education teacher of the pupil, as a member of the IEP team, shall, to the extent appropriate, participate in the development of the IEP of the pupil, including the determination of appropriate positive behavioral interventions and strategies and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with subpart 1, item A, subitem (3). Minn. R. 3525.2810, subp. 2(D).

The regular education teacher of the pupil, as a member of the IEP team, shall, to the extent appropriate, participate in the review and revision of the IEP of the pupil. Minn. R. 3525.2810, subp. 3(B).

4.03.05 When IEP Must Be in Effect

Legal Citations

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. 34 C.F.R. § 300.323(a).

As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.320 through 300.3254, and that must include -

(7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications. 34 C.F.R. § 300.320(a)(7).

"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 includes:

(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. Minn. R. 3525.2810, subp. 1(A)(6).

4.03.06 Review and Revision of the IEP

Legal Citations

Each public agency must ensure that, subject to paragraph (b)(2) of this section, the IEP team -

(1) 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).

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

(ii) Revises the IEP, as appropriate, to address -

(A) Any lack of expected progress toward the annual goals described in § 300.320(a)(2), and in the general education curriculum, if appropriate;

(B) The results of any reevaluation conducted under § 300.303;

(C) Information about the child provided to, or by, the parents, as described under § 300.305(a)(2);

(D) The child's anticipated needs; or

(E) Other matters. 34 C.F.R. § 300.324(b)(1)(ii).

The district shall ensure that the IEP team reviews the pupil's IEP periodically, but not less than annually to determine whether the annual goals for the pupil are being achieved, and reviews the IEP as appropriate to address:

(1) any lack of expected progress toward the annual goals and in the general curriculum, where appropriate;

(2) the results of any reevaluation conducted under part 3525.2710;

(3) information about the pupil provided to, or by, the parents; or

(4) the pupil's anticipated needs and other matters. Minn. R. 3525.2810, subp. 3(A).

At least annually, the IEP team must determine a pupil is in need of ESY services if the pupil meets the conditions of item A, B, or C.

A. there will be significant regression of a skill or acquired knowledge from the pupil's level of performance on an annual goal that requires more than the length of the break in instruction to recoup unless the IEP team determines a shorter time for recoupment is more appropriate;

B. services are necessary for the pupil to attain and maintain self-sufficiency because of the critical nature of the skill; or

C. the IEP team otherwise determines, given the pupil's unique needs, that ESY services are necessary to ensure the pupil receives a free appropriate public education. Minn. R. 3525.0755, subp. 3.

4.03.07 Progress Reporting

Legal Citations

As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.320 through 300.324, and that must include -

(3) A description of -

(i) How the child's progress toward meeting the annual goals described in paragraph (2) of this section will be measured; and

(ii) When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided. 34 C.F.R. § 300.320(a)(3).

"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 includes:

(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; Minn. R. 3525.2810, subp. 1(A)(9).

4.03.08 Conditional Intervention Procedures

Legal Citations

Prior to using any conditional procedure, the IEP team must conduct a functional behavioral assessment (FBA) as defined in part 3525.0210, subpart 22. The team must also document that it has ruled out any other treatable cause for the behavior, for example, a medical or health condition, for the interfering behavior. Minn. R. 3525.2710, subp. 4(F).

4.03.09 Transition Services Beginning at Age 14

Legal Citations

Transition services for students with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a student with a disability to benefit from special education. 34 C.F.R. § 300.43(b).

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, and updated annually, thereafter, the IEP must include -

(1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

(2) The transition services (including courses of study) needed to assist the child in reaching those goals. 34 C.F.R. § 300.320(b).

As defined in this section, every district must ensure the following:

(1) [. . .] By grade 9 or age 14, the plan must address the student's needs for transition from secondary services to postsecondary education and training, employment, community participation, recreation, and leisure and home living. In developing the plan, districts must inform parents of the full range of\ transitional goals and related services that should be considered. The plan must include a statement of the needed transition services, including a statement of the interagency responsibilities or linkages or both before secondary services are concluded; Minn. Stat. § 125A.08(a)(1).

"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 includes:

(7) beginning at age 14, and updated annually, the IEP includes a statement of the transition service needs of the pupil in accordance with part 3525.2900, subpart 4. Minn. R. 3525.2810, subp. 1(A)(7).

By grade nine or age 14, whichever comes first, the IEP plan shall address the pupil's needs for transition from secondary services to postsecondary education and training, employment, and community living.

A. For each pupil, the district shall conduct an evaluation of secondary transition needs and plan appropriate services to meet the pupil's transition needs. The areas of evaluation and planning must be relevant to the pupil's needs and may include work, recreation and leisure, home living, community participation, and postsecondary training and learning opportunities. To appropriately evaluate and plan for a pupil's secondary transition, additional IEP team members may be necessary and may include vocational education staff members and other community agency representatives as appropriate.

B. Secondary transition evaluation results must be documented as part of an evaluation report. Current and secondary transition needs, goals, and instructional and related services to meet the pupil's secondary transition needs must be considered by the team with annual needs, goals, objectives, and services documented on the pupil's IEP. Minn. R. 3525.2900, subp. 4.

A. Failure to Meet Transition Objectives

Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, 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. 34 C.F.R. § 300.324(c)(2).

B. Exception for Students with Disabilities Convicted Under State Law

The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

(1) The requirements in § 300.320(b) (relating to transition planning and transition services), do not apply with respect to the children whose eligibility under Part B of the Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release. 34 C.F.R. § 300.324(d)(1)(ii).

4.03.10 Notice of Transfer of Right

Legal Citations

Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child's rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority, consistent with § 300.520. 34 C.F.R. § 300.320(c).

"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 includes:

(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. Minn. R. 3525.2810, subp. 1(A)(8).

4.03.11 Modification of State and District-Wide Assessments

Legal Citations

As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include -

(6)(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 612(a)(16) of the Act; and

(ii) If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, a statement of why -

(A) The child cannot participate in the regular assessment; and

(B) The particular alternate assessment selected is appropriate for the child. 34 C.F.R. § 300.320(a)(6).

"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 includes:

(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; Minn. R. 3525.2810, subp. 1(A)(5).

A. Exception for Students with Disabilities Convicted Under State Law

The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

(i) The requirements contained in section 612(a)(16) of the Act and § 300.320(a)(6) (relating to participation of children with disabilities in general assessments). 34 C.F.R. § 300.324(d)(1)(i).

4.03.12 Student is Placed Out-of-District

If the resident district places a pupil in an out-of-district placement, the resident district is still responsible to assure that an appropriate IEP is developed, that the pupil is placed in the least restrictive environment, and that due process procedures associated with these responsibilities are followed.

It is the responsibility of the providing district, agency, or academy to implement the IEP, conduct periodic and annual reviews, convene and facilitate the IEP team meeting, and assure that due process procedures associated with these responsibilities are followed.

The annual IEP must be developed jointly by the providing district, agency, or academy and resident district. The resident district may appoint a member of the providing district as its representative. Minn. R. 3525.0800, subp. 4.

4.03.13 If the Private School Implements the IEP

Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the public agency and the SEA. 34 C.F.R. § 300.325(c).

(1) Each parentally placed private school child with a disability who has been designated to receive services under § 300.132 must have a service plan that describes the specific special education and related services that the LEA will provide to the child in light of the services that the LEA has determined, through the process described in §§ 300.134 and 300.137, it will make available to parentally-placed private school children with disabilities.

(2) The services plan must, to the extent appropriate -

(i) Meet the requirements of § 300.320, or for a child ages three through five, meet the requirements of §300.323(b) with respect to the services provided; and

(ii) Be developed, reviewed, and revised consistent with §§ 300.321 through 300.324. 34 C.F.R. § 300.138(b).