7 Miss. Code. R. 34-D-300.324

Current through December 10, 2024

Section 7-34-D-300.324 - Development, review, and revision of IEP

(a)Development of IEP

(1)General. In developing each child's IEP, the IEP committee must consider

(i) The strengths of the child;

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

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

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

(2)Consideration of special factors. The IEP committee

(i) In the case of a child whose behavior impedes the child's learning or that of others, considers the use of positive behavioral interventions and supports, and other strategies, to address that behavior;

(ii) In the case of a child with limited English proficiency, considers the language needs of the child as those needs relate to the child's IEP; (iii) In the case of a child who is blind or visually impaired, provides for instruction in Braille and the use of Braille unless the IEP committee 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;

(iv) Considers the communication needs of the child, and in the case of a child who is deaf or hard of hearing, considers 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

(v) Considers whether the child needs assistive technology devices and services.

(3)Requirement with respect to general education teacher. A general education teacher of a child with a disability, as a member of the IEP committee, to the extent appropriate, participates 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).

(4)Agreement.

(i) In making changes to a child's IEP after the annual IEP committee meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP committee 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) above, the public agency ensures that the child's IEP committee is informed of those changes.

(5)Consolidation of IEP committee meetings. To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP committee meetings for the child.

(6)Amendments. Changes to the IEP may be made either by the entire IEP committee at an IEP committee meeting, or as provided in paragraph (a)(4) above, 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.

(b)Review and revision of IEPs

(1)General. Each public agency ensures that, subject to paragraphs (b)(2), and (b)(3) below, the IEP committee

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

(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.

(2)Consideration of special factors. In conducting a review of the child's IEP, the IEP committee considers the special factors described in paragraph (a)(2) above.

(3)Requirement with respect to general education teacher. A general education teacher of the child, as a member of the IEP committee, consistent with paragraph (a)(3) above, participates in the review and revision of the IEP of the child.

(c)Failure to meet transition objectives

(1)Participating agency failure. 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 reconvenes the IEP committee 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.

(d)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

(i) The requirements contained in section 612(a)(16) of IDEA and §300.320(a)(6) (relating to the participation of children with disabilities in general assessments).

(ii) 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 IDEA 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.

(i) Subject to paragraph (d)(2)(ii) below, the IEP committee 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.

(ii) The requirements of §§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) above.

7 Miss. Code. R. 34-D-300.324