05-071-101 Me. Code R. § IX

Current through 2024-43, October 23, 2024

Section 071-101-IX - INDIVIDUALIZED PLANS

1.Individualized Family Service Plans (IFSPs) for Children B-2 [20 USC 1436(a)(3),(b-e)]

A. Definition. A written individualized family service plan developed by a multidisciplinary team, including the parents, as required by subsection (E), including a description of the appropriate transition services for the infant or toddler.

B. Periodic Review. The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at 6- month intervals (or more often where appropriate based on infant or toddler and family needs).

C. Promptness after Assessment. The individualized family service plan shall be developed within a reasonable time after the assessment required is completed. With the parents' consent, early intervention services may commence prior to the completion of the assessment.

D. Content of Plan. The individualized family service plan shall be in writing and contain--

(1) A statement of the infant's or toddler's present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria;

(2) A statement of the family's resources, priorities, and concerns relating to enhancing the development of the family's infant or toddler with a disability;

(3) A statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre- literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary;

(4) A statement of specific early intervention services based on peer- reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services;

(5) A statement of the natural environments in which early intervention services will appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment;

(6) The projected dates for initiation of services and the anticipated length, duration, and frequency of the services;

(7) The identification of the service coordinator from the profession most immediately relevant to the infant's or toddler's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under this part) who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services; and

(8)Transition from Part C services.

(a) The IFSP must include the steps and services to be taken to support the smooth transition of the child, in accordance with §§ 303.209, from part C services to-

(i) Preschool services under part B of the Act, to the extent that those services are appropriate;

(ii) Other appropriate services. or

(b) The steps required in paragraph (8)(a) of this section must include-

(i) Discussions with, and training of, parents, as appropriate, regarding future placements and other matters related to the child's transition;

(ii) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;

(iii) Confirmation that child find information about the child has been transmitted to the LEA or other relevant agency, in accordance with §303.209(b) (and any policy adopted by the State under §303.401(e)) and, with parental consent if required under §303.414, transmission of additional information needed by the LEA to ensure continuity of services from the part C program to the part B program, including a copy of the most recent evaluation and assessments of the child and the family and most recent IFSP developed in accordance with §§ 303.340 through 303.345; and

(iv) Identification of transition services and other activities that the IFSP Team determines are necessary to support the transition of the child.

E. Parental Consent. The contents of the individualized family service plan shall be fully explained to the parents and informed written consent from the parents shall be obtained prior to the provision of early intervention services described in such plan. If the parents do not provide consent with respect to a particular early intervention service, then only the early intervention services to which consent is obtained shall be provided. The Department of Education nor the regional CDS site may use the due process hearing procedures to challenge a parent's refusal to provide any consent. [34CFR 303.420 ©] The Department of Education must make reasonable efforts to ensure assignment of a surrogate parent no more than 30 days after the Department determines that the child needs a surrogate parent. [34CFR 303.422(g)]

F. Copy of IFSP. The regional CDS site will provide at no cost to the parent, a copy of each evaluation, assessment of the child, family assessment, and IFSP as soon as possible after each IFSP meeting. [34CFR 303.409(c)]

G. Implementation of the plan. The early intervention services are to be provided as soon as possible after parental consent. [34CFR 303.342(e)]

2.IFSPs for Children 3-5

Federal statute permits the use of the IFSP to record the special education and related services provided under Part B for children 3-5. In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2-year-old child with a disability who will turn age 3 during the school year), the IEP Team must consider the individualized family service plan that contains the IFSP content (including the natural environments statement) described in 20 USC 1436 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 years of age, and that is developed in accordance with the IEP procedures. The individualized family service plan may serve as the IEP of the child, if using that plan as the IEP is consistent with State policy; and agreed to by the agency and the child's parents. In implementing the requirements of this paragraph the SAU must provide to the child's parents a detailed explanation of the differences between an IFSP and IEP, and if the parents choose an IFSP, obtain written, informed consent from the parents. [34 CFR 300.323(b)]

The utilization of the IFSP does not afford the child the option of continuing the Part C services. The option for the continuation of Part C services for children 3- 5 is not available in Maine. Part C of the Act (IDEA) does not apply to any child with a disability receiving FAPE, in accordance with Part B of the Act, with funds under Section 619 of the Act. [34 CFR 300.818]

3.Individualized Education Programs (IEPs) for Children Three to Twenty- Two-[20 USC 1414(d)(1-4) excluding (d)(2)(B) covered above]

A. Definitions

(1) In general. The term "individualized education program" or "IEP" means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes:

(a) 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;

(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and

(iii) For children with disabilities who take alternate assessments aligned to alternate academic achievement standards, a description of benchmarks or short-term objectives;

(b) A statement of measurable annual goals, including academic and functional goals, designed to:

(i) Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum which must be for children 3-5 aligned with the Early Learning and Development Standards and for children 5-22 aligned with the system of Maine's Learning Results, which may include a core of standards in English language arts and mathematics for kindergarten to grade 12 established in common with the other states; and

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

(iii)The IEP shall reflect the individual goals to successfully meet the content standards of the system of Maine's Learning Results, which may include a core of standards in English language arts and mathematics for kindergarten to grade 12 established in common with the other states, in addition to any other diploma requirements applicable to all secondary school children pursuant to 20-A MRSA §4722.

(c) A description of how the child's progress toward meeting the annual goals described in (b) will be measured and 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;

(d) A statement of the special education (Section X of this rule) and related services (Section XI of this rule) 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 in and make progress in the general education curriculum in accordance with (a) and to participate in extracurricular and other nonacademic activities; and

(iii) To be educated and participate with other children with disabilities and non-disabled children in the activities described in this subparagraph;

(e) An explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular class and in the activities described in (d)(iii);

(f)

(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 district-wide assessments consistent with 20 USC 1412(a)(16)(A); and

(ii) If the IEP Team determines that the child shall take an alternate assessment on a particular State or district-wide assessment of student achievement, a statement of why--

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

(II) The particular alternate assessment selected is appropriate for the child;

(g) The projected date for the beginning of the services and modifications described in subclause (d), and the anticipated frequency, location, and duration of those services and modifications; and

(h)The IEP Team shall adopt a transition plan during the child's 9^th grade school year, or the year in which the child turns 16 years of age (whichever comes first), to be updated annually thereafter, and it will include:

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

(ii) The transition services (including courses of study, such as participation in advanced placement courses, a vocational education program, or adult education program, and instruction, related services, community experiences, the development of employment and post school adult living objectives and if appropriate, acquisition of daily living skills and the provisions of a functional vocational evaluation per 34 CFR 300.43 needed to assist the child in reaching those goals; and

(iii) Beginning not later than 1 year before the child reaches the age of eighteen a statement that the child has been informed of the child's rights under this title [IDEA], if any, that will transfer to the child on reaching eighteen years of age.

(2) Rule of Construction. Nothing in this section shall be construed to require:

(a) That additional information be included in a child's IEP beyond what is explicitly required in this section; and

(b) The IEP Team to include information under one component of a child's IEP that is already contained under another component of such IEP.

Nothing in this sub-section shall be construed to restrict the Department in providing interpretation and guidance on the proper implementation of this rule.

B. Requirement That Program Be in Effect

(1) General. At the beginning of each school year, each SAU must have in effect, for each child with a disability in the agency's jurisdiction, an individualized education program, as defined in paragraph (3)(A). [34 CFR 300.323(a)]

(2) Initial IEPs; Provision of Services. Each SAU must ensure that

(a) 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; and

(b) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP. [34 CFR 300.323(c)]

(3)Implementation of the Individualized Education Program

Each school administrative unit shall implement a child with a disability's Individualized Education Program as soon as possible following the IEP Meeting but no later than 30 days after the IEP Team's initial identification of the child as a child with a disability in need of special education and supportive services. All identified children with disabilities shall have a current Individualized Education Program in effect at the start of each school year.

If a school unit is unable to hire or contract with the professional staff necessary to implement a child's Individualized Education Program, the SAU shall reconvene an IEP Team to identify alternative service options. This IEP Meeting shall occur no later than 30 days after the start of the school year or the date of the IEP Team's development of the IEP. The IEP Team shall determine any amendments to the IEP necessary to reflect the inability to commence services as originally anticipated by the IEP Team.

(4) Accessibility of child's IEP to teachers and others. Each SAU must ensure that

(a) The child's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and

(b) Each teacher and provider described in paragraph (3)(a) of this section 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. [34 CFR 300.323(d)]

(5) Program for Children Who Transfer School Districts.--

(a) In general

(i) IEPs for Children Who Transfer SAUs in the Same State.- If a child with a disability (who had an IEP that was in effect in a previous SAU in the same State) transfers to a new SAU in the same State, and enrolls in a new school within the same school year, the new SAU (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 SAU), until the new SAU either adopts the child's IEP from the previous SAU; or develops, adopts, and implements a new IEP that meets the applicable requirements in 300.320 through 300.324. [34 CFR 300.323(e)]

(ii) 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 SAU in another State) transfers to a SAU in a new State, and enrolls in a new school within the same year, the new SAU (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 SAU), until the new SAU

(I) Conducts an evaluation pursuant to 34 CFR 300.304 through 300.306 (if determined to be necessary by the new SAU); and

(II) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in 34 CFR 300.320 through 300.324. [34 CFR 300.323(f)]

(b) Transmittal of records.-- To facilitate the transition for a child described in clause (a):

(i) The new SAU 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 SAU in which the child was enrolled, pursuant to section 99.31(a)(2) of title 34, Code of Federal Regulations; and

(ii) The previous SAU in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new SAU. [34 CFR 300.323(g)] Education records must follow students who transfer to a school in another school administrative unit in the State. The education records of students who transfer from educational programs or schools for juveniles located in or operated by correctional facilities or out of state schools are also subject to this requirement. [20-A MRSA §6001-B(1)]

C. Development of IEP

(1) In general.--In developing each child's IEP, the IEP Team, subject to subparagraph (3), must consider:

(a) The strengths of the child;

(b) The concerns of the parents for enhancing the education of their child;

(c) The results of the initial evaluation or most recent evaluation of the child; and

(d) The academic, developmental, and functional needs of the child.

(2) Consideration of Special Factors.--The IEP Team shall:

(a) 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;

(b) In the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP;

(c) 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 of 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;

(d) 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; and

(e) Consider whether the child needs assistive technology devices and services.

(3) Requirement with Respect to Regular Education Teacher.--A regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the IEP of the child, including the determination of appropriate positive behavioral interventions and supports, and other strategies, and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with Section IX(3)(A)(1)(d) of this rule.

(4) Agreement. In making changes to a child's IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the SAU may agree not to convene an IEP meeting for the purposes of making such changes, and instead may develop a written document to amend or modify the child's current IEP. If changes are made to the child's IEP in accordance with 34 CFR 300.324(a)(4)(i) the SAU must ensure the child's IEP Team is informed of these changes [34 CFR 300.324(a)(4)] and the parent is provided prior written notice in accordance with 34 CFR 300.503.

(5) Consolidation of IEP Team Meetings.--To the extent possible, the local educational agency shall encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.

(6) Amendments.--Changes to the IEP may be made either by the entire IEP Team or, as provided in (4) above, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated. [34 CFR 300.324(a)(1-6)]

D. Review and revision of IEP

(1) In general.--The SAU shall ensure that, subject to C.2 above, the IEP Team:

(a) Reviews the child's IEP periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved; and

(b) Revises the IEP consistent with C above (Development of IEP) as appropriate to address

(i) Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;

(ii) The results of any reevaluation conducted under this section;

(iii) Information about the child provided to, or by, the parents, as described in 20 USC 1414(c)(1)(B);

(iv) The child's anticipated needs; or

(v) Other matters. [34 CFR 300.324(b)(1)]

(c) Consideration of Special Factors. In conducting a review of the child's IEP, the IEP Team must consider the special factors described in C.2 of this section. [34 CFR 300.324(b) (2)]

(d) Requirement with Respect to Regular Education Teacher. A regular education teacher of the child, as a member of the IEP Team, must, consistent with paragraph(C)(3) of this section, participate in the review and revision of the IEP of the child. [34 CFR 300.324(b)(3)]

E. Failure of Transition Objectives

(1) Participating Agency Failure. If a participating agency other than the SAU, fails to provide the transition services described in the IEP in accordance with 34 CFR 300.320(b), the SAU must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

(2) Construction. 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 CFR 300.324(c)]

F. Children with Disabilities in Adult Prisons

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

(a) The requirements contained in section 14612(a)(16) of the Act and 34 CFR 300.320(a)(6) (relating to participation of children with disabilities in general assessments).

(b) The requirements in 34 CFR 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.

(2) Modifications of IEP or Placement

(a) Subject to paragraph (F)(2)(b) of this section, the IEP Team of a child 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.

(b) The requirements of 34 CFR 300.320 (relating to IEPs), and 34 CFR 300.112 (relating to LRE), do not apply with respect to the modifications described in paragraph D(2)(b) of this section. [34 CFR 300.324(d)]

G.Copy of IEP to Parents. A complete copy of the Individualized Education Program shall be provided to the parent within 21 school days of the IEP Meeting at which the IEP was developed.

H.IEP Requirements in Out-of-Unit Placements.--Before an IEP Team decides to place a child with a disability in an out-of-unit placement, it shall initiate and convene an IEP meeting to develop an Individualized Education Program for the child. The IEP developed will reflect the Team's program design to meet the child's needs and will include goals for the child's growth in the areas of concern. The IEP Team shall discuss and document the program components of a placement that will support the IEP developed at this meeting. If the placement is known, a representative of the placement shall be involved in this meeting. If a representative cannot attend the meeting, the IEP Team shall attempt to use other methods, such as individual or conference telephone calls, to ensure participation by the receiving placement. If the placement is not known, another IEP Team Meeting shall be held to discuss the child's program at the new placement, including the representative of the private school or facility. If the representative cannot attend, the SAU must use other methods to ensure participation by the private school or facility, including individual or conference calls pursuant to 34 CFR 300.325(a)(2).

The SAU will locate a facility and finalize the child's placement. Any appropriate out-of-unit placements shall be as close to the child's home as possible.

The IEP Team will reconvene 30 days subsequent to placement to review the IEP and make any revisions required. In the interim, the IEP that has been developed for a child's current setting shall be utilized while the proposed placement is located and finalized.

I.Revision of Out-of-Unit IEPs. The sending SAU has the administrative responsibility for the education of a child with a disability who has been placed in an out-of-unit placement. The receiving (out of unit) placement is the placement that has accepted the tuition placement of a child with a disability.

The sending SAU is responsible for:

(1)Initiating the 30 day IEP review meeting and any other reviews recommended;

(2)Initiating the required annual review of the child's IEP and placement;

(3)Revising the child's Individualized Education Program as a result of any meetings;

(4)Ensuring the completion of any required re-evaluations of a child,

(5)Participating in any meetings related to proposed changes in the child's Individualized Education Program;

(6)Ensuring the parent's involvement in the meetings;

(7)Providing prior written notice as defined in Section XV of this rule; and

(8)Ensuring compliance with this rule.

The sending SAU shall schedule IEP meetings at a mutually convenient time for all parties and shall notify the receiving placement and the parents of the meeting, as described and defined in Section VI.2.(A) of this rule. A copy of each such notification shall also be sent by the sending SAU to the receiving placement.

(1)

The receiving placement is responsible for:

Providing representative attendance at the initial IEP Team Meeting when requested by the sending SAU;

(2)Providing representative attendance at the 30 day IEP review meeting;

(3)Providing representative attendance at the annual review and at any other meetings when the receiving placement or the sending SAU propose to revise a child's Individualized Education Program;

(4)Implementing a child's Individual Education Program, which shall not be amended without an IEP Team meeting or the consent of the sending SAU and the parent (where applicable);

(5)Providing to the sending SAU access to all the child's educational records relating to the placement;

(6)Providing to the sending SAU progress reports at least as often as the sending SAU issues progress reports for its in-district students; and

(7)Ensuring compliance with these rules and the Individuals with Disabilities Education Act.

05-071 C.M.R. ch. 101, § IX