4.06 Annual Reveiw and Revision of IEPs

4.06.01 review and Revision of an IEP for Students in Public School

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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).

In conducting a review of the child's IEP, the IEP Team must consider the special factors described in paragraph (a)(2) of this section. 34 C.F.R. § 300.324(b)(2).

A regular education teacher of the child, as a member of the IEP Team must, consistent with paragraph

(a)(3) of this section, participate in the review and revision of the IEP of the child. 34 C.F.R. § 300.324(b)(3).

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 revises 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 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.

4.06.02 Review and Revision of an IEP for Students in Private School

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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).

If the private school or facility initiates and conducts these meetings, the public agency must ensure that the parents and an agency representative -

(i) Are involved in any decision about the child's IEP; and

(ii) Agree to any proposed changes in the IEP before those changes are implemented. 34 C.F.R. § 300.325(b)(2).

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).

4.06.03 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.

4.06.04 Modification of the IEP of a Student with a Disability Who is Convicted Under State Law

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(i) Subject to paragraph (d)(2)(ii) of this section, the IEP Team of a student with a disability, who is convicted as an adult under State law and incarcerated in an adult prison may modify the child's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

(ii) The requirements §§ 300.320 (relating to IEPs), and 300.112 (relating to LRE), do not apply with respect to the modifications described in paragraph (d)(2)(i) of this section. 34 C.F.R. § 300.324(d)(2).

4.06.05 Significant Change in Program or Placement

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"Significant change in program or placement" means the IEP goals have been completed or require modification based on a progress report; there is a need to add or delete a service based on a progress report or evaluation; there is a change in the type of site or setting in which the pupil receives special education; the amount of time a pupil spends with nondisabled peers is changed; the amount of special education to accomplish the goals or objectives needs to be increased or decreased; or the team determines there is a need for a conditional intervention procedure. Minn. R. 3525.0210, subp. 41.