(a) General. The public agency must ensure that the IEP team for each child with a disability includes:

1. (1) The parents of the child;
2. (2) Not less than a regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
3. (3) Not less than one (1) special education teacher of the child, or where appropriate, not less than one (1) special education provider of the child;

4. (4) A representative of the public agency who is:

   1. (A) Qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
   2. (B) Knowledgeable about the general education curriculum; and
   3. (C) Knowledgeable about the availability of resources of the public agency;
5. (5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in subdivisions (a)(2) – (a)(6) of this section;
6. (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. (7) Whenever appropriate, the child with a disability.

(b) Transition services participants.

1. (1) Under subdivision (a)(7) of this section, the public agency must invite a child with a disability to attend the child’s IEP team meeting if a purpose of the meeting will be the:

   1. (A) Consideration of the postsecondary goals for the child; and
   2. (B) Transition services needed to assist the child in reaching those goals under 34 C.F.R. § 300.320(b).
2. (2) If the child does not attend the IEP team meeting, the public agency must take other steps to ensure that the child’s preferences and interests are considered.
3. (3) To the extent appropriate, with the consent of the parents or a child who has reached the age of majority in implementing the requirements of 34 C.F.R. § 300.3-321(b)(1) and 6 CAR § 130-808(b), the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
4. (4) If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with 34 C.F.R. § 300.320(b), the public agency must reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

(e) IEP team attendance.

1. (1) A member of the IEP team described in subdivisions (a)(2) – (a)(5) of this section is not required to attend an IEP team 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. (2) A member of the IEP team described in subdivision (e)(1) of this section may be excused from attending an IEP team 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 the:

   1. (A) Parent, in writing, and the public agency consent to the excusal; and
   2. (B) Member submits, in writing to the parent and the IEP team, input into the development of the IEP prior to the meeting.