Current through January 14, 2025
Section 7-34-D-300.321 - IEP committee(a)General. The public agency must ensure that the IEP committee for each child with a disability includes (1) The parents of the child;(2) Not less than one general education teacher of the child (if the child is, or may be, participating in the general education environment);(3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;(4) A representative of the public agency who (i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;(ii) Is knowledgeable about the general education curriculum; and(iii) Is knowledgeable about the availability of resources of the public agency.(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) above through (a)(6) below;(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and(7) Whenever appropriate, the child with a disability.(b)Transition services participants.(1) In accordance with paragraph (a)(7) above, the public agency must invite a child with a disability to attend the child's IEP committee meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under §300.320(b).(2) If the child does not attend the IEP committee meeting, the public agency must take other steps to ensure that the child's preferences and interests are considered.(3) To the extent appropriate, with the consent of parents or a child who has reached the age of majority, in implementing the requirements of paragraph (b)(1) above, the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.(c)Determination of knowledge and special expertise. The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) above must be made by the party (parents or public agency) who invited the individual to be a member of the IEP committee.(d)Designating a public agency representative. A public agency may designate a public agency member of the IEP committee to also serve as the agency representative, if the criteria in paragraph (a)(4) above are satisfied.(e)IEP committee attendance.(1) A member of the IEP committee described in paragraphs (a)(2) through (a)(5) above is not required to attend an IEP committee 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 committee described in paragraph (e)(1) above may be excused from attending an IEP committee 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 committee, input into the development of the IEP prior to the meeting.
(f)Initial IEP co mmittee, meeting for child under Part C of IDEA. In the case of a child who was previously served under Part C of IDEA (Infants and Toddlers with Disabilities), an invitation to the initial IEP committee meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.7 Miss. Code. R. 34-D-300.321