1. (a) Development of IEP.

   1. (1) General. In developing each child’s IEP, the IEP team must consider:

      1. (A) The strengths of the child and the concerns of the parents for enhancing the education of their child;
      2. (B) The results of the initial or most recent evaluation of the child;
      3. (C) The academic, developmental, and functional needs of the child; and
      4. (D) As appropriate, the results of the child’s performance on any general state or district-wide assessment programs.

   2. (2) Consideration of special factors. The IEP team must:

      1. (A)

2. (i) In the case of a child whose behavior impedes his or her learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.

   1. (ii) Such consideration may include the need to conduct a functional behavioral assessment of the child and/or develop a behavior intervention plan to address identified behavioral needs of the child.

      1. (iii) See 6 CAR § 130-1101 et seq.;
      2. (B) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP;
      3. (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;
      4. (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
      5. (E) Consider whether the child needs assistive technology devices and services.

   2. (3) Additional FAPE considerations. The IEP team must consider whether the child:

      1. (A)

         1. (i) Has available to him or her the variety of educational programs and services available to nondisabled children, including:
3. (a) (a) Art;

4. (b) (b) Music;

   1. (c) (c) Industrial arts;

      1. (d) (d) Consumer and homemaking education; and

5. (e) (e) Vocational education.

   1. (ii) This list of program options is not exhaustive and could include any program or activity in which nondisabled children participate; and

      1. (B)

         1. (i) Is being afforded an equal opportunity for participation in nonacademic and extracurricular services and activities.
         2. (ii) Nonacademic and extracurricular services and activities may include:
6. (a) (a) Counseling services;

7. (b) (b) Athletics;

   1. (c) (c) Transportation;

      1. (d) (d) Health services;
8. (e) (e) Recreational activities;
9. (f) (f) Special interest groups or clubs sponsored by the public agency; and

10. (g) (g) Assistance in making outside employment available.

    1. (4) Agreement.

       1. (A) In making changes to a child's IEP after the annual IEP team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP.
       2. (B) If changes are made to the child's IEP in accordance with subdivision (a)(4)(A) of this section, the public agency must ensure that the child's IEP team is informed of those changes.
    2. (5) Consolidation of IEP team meetings. To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP team meetings for the child.

    3. (6) Amendments.

       1. (A) Changes to the IEP may be made either:

          1. (i) By the entire IEP team at an IEP team meeting; or
          2. (ii) As provided in subdivision (a)(4)(A) of this section, by amending the IEP rather than by redrafting the entire IEP.
       2. (B) Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.

11. (b) Review and revision of IEP. In conducting a meeting to review and, if appropriate, revise a child’s IEP, the IEP team shall consider the factors described in subsection (a) of this section.

    1. (c) Requirement with respect to regular education teacher. The regular education teacher of a child with a disability, as a member of the IEP team, must, to the extent appropriate, participate in the development, review, and revision of the IEP of the child, including assisting in the determination of:
    2. (1) Appropriate positive behavioral interventions and supports and other strategies for the child; and

    3. (2) Supplementary aids and services, program modifications, and support for school personnel consistent with 34 C.F.R. § 300.320(a)(4) and 6 CAR § 130-808(a)(2)(B).

       1. (d) Construction. Nothing in this part shall be construed to require:
    4. (1) The IEP team to include information under one (1) component of a child’s IEP that is already contained under another component of the child’s IEP; or
    5. (2) That additional information be included in a child's IEP beyond what is explicitly required in Section 614 of the Individuals with Disabilities Education Act.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.