(b) Eligibility criteria.

1. (1) The child has been determined to be an eligible child with a disability under this part.

2. (2) The IEP team has:

   1. (A) Developed an IEP for the child; and
   2. (B) Determined the extent to which co-teaching services are to be provided for the child to achieve his or her goals and objectives in the regular classroom.

3. (3)

   1. (A) By selecting the co-teaching services delivery model the IEP team has determined that there is no compelling instructional reason why the child’s instruction cannot be provided jointly in the general education classroom.
   2. (B) The general education classroom teacher must be an active participant in the IEP conference.

4. (4)

   1. (A) The child is not receiving co-teaching services in the same placement (service setting) in which indirect or other direct services are provided.
   2. (B) For example, a child may not receive both co-teaching and indirect services for speech therapy or for special education, etc.
   3. (C) However, the child may be receiving co-teaching services in lieu of resource services but continue to receive direct speech therapy or vice versa.

5. (5) Co-teaching services can be provided on a part-time basis by any designated special education personnel and general education teacher, consistent with caseload guidelines in subdivision (d)(2) of this section, but must be provided:

   1. (A) During the instructional day; and
   2. (B) Without interruption to the special education provided to direct services children assigned to that instructor.
6. (6) Children receiving co-teaching instructional services on December 1 are eligible to be included in the federal child count.
7. (7) Costs associated with the co-teaching special education teacher may be applied to meeting the district’s special education expenditure requirements.
8. (8) Costs associated with the general education program may not be treated as special education expenditures.

(c) Procedures for reviewing progress.

1. (1)

   1. (A) The general education and special education teachers will review and document each child’s progress in co-teaching services.
   2. (B) Progress reports are to be filed in the child’s due process folder.

2. (2)

   1. (A) If the child does not pass a content area course or courses or satisfactorily complete goals set out in the IEP for two (2) consecutive progress reviews, the special education teacher will initiate a program review conference in accordance with established due process procedures.
   2. (B) The committee will document its decision as to either the continuation of co- teaching services or placement in other direct services, consistent with any revision of the child’s IEP.
3. (3) For secondary children, should a progress review at any grading period indicate that a child is in danger of failing a content area course or courses, a formal review conference must be scheduled immediately.
4. (4) Grading responsibilities. General education personnel in consultation with the special education co-teacher or co-teachers are responsible for assigning a child’s grade or grades.
5. (5) The total amount of time that co-teaching services will be provided per week is to be divided equally between the general education teacher and the special education teacher as documented on the child’s IEP.

(d) Teacher–pupil caseload.

1. (1) Full-time co-teacher. The teacher–pupil caseload for a full-time co-teaching special education teacher is 1:30.
2. (2) Part-time co-teacher. The teacher–pupil caseload for a part-time co-teaching special education teacher is 1:30 split between co-teaching duties and other direct services provision.