3008.1 The individualized education program (IEP) Team for each child with a disability shall include the following mandatory IEP Team participants:

1. (a) The child's parent;
2. (b) At least one (1) general education teacher of the child, if the child is or may be participating in the general education environment;
3. (c) At least one (1) special education teacher, or if appropriate, at least one (1) special education provider of the child;
4. (d) A representative of the LEA who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities, and knowledgeable about the general education curriculum and about the availability of resources of the LEA;
5. (e) An individual who can interpret the instructional implications of evaluation results, who:
6. (1) May be a member of the team described in (a) through (d) of this subsection; and
7. (2) When the purpose of the IEP meeting is to evaluate a child to determine his or her eligibility for special education and related services, the IEP Team shall include qualified individual(s) with appropriate credentials and expertise to conduct evaluations in the area(s) of the child's suspected disability; and
8. (f) Whenever appropriate, the child.

3008.2 The IEP Team for each child with a disability shall include the following additional IEP Team participants, as appropriate:

1. (a) Related services personnel;
2. (b) A Part C representative if a child was previously served under Part C of IDEA, and if so, an invitation to the initial IEP Team meeting shall, with the consent 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;
3. (c) A secondary transition representative if the IEP Team will discuss

secondary transition. If appropriate and in compliance with this section, the LEA shall invite, with parental consent, a representative of any participating agency that is likely to be responsible for providing or paying for transition services;

(d) The child, under the following circumstances:

(1) If the child has reached fourteen (14) years of age, or younger if deemed appropriate by the child's IEP Team;

(2) The LEA shall invite the child with a disability to attend the child's IEP Team meeting if a purpose of the meeting is the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals; and

(3) If the child does not attend the IEP Team meeting involving the consideration of the postsecondary goals and transition services, the LEA shall take other steps to ensure that the child's preferences and interests are considered; and

(e) Other individuals, as follows:

(1) At the discretion of the parent or the LEA, other individuals who have knowledge or special expertise regarding the child, including related services personnel, as appropriate; and

(2) The determination of the knowledge or special expertise of any individual described in this section shall be made by the party (parent or LEA) who invited the individual to be a member of the IEP Team.

3008.3 The IEP Team for a child suspected of having a specific learning disability shall include the following additional mandatory IEP Team participants:

(a) The child's regular teacher, or the following:

(1) If the child does not have a regular teacher, a teacher qualified to teach a child of his or her age; or

(2) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and

(b) At least one (1) person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language

pathologist, or remedial reading teacher.

3008.4 A mandatory IEP Team member may be excused from attending an IEP Team meeting, in whole or in part, under the following circumstances:

(a) The member's area of the curriculum or related services is not being modified or discussed in the meeting and the parent and the LEA agree, in writing, that the attendance of the member is not necessary; or

(b) The meeting involves a modification to or discussion of the member's area of the curriculum or related services, and all of the following occur:

(1) The parent and the LEA consent to the excusal in writing;

(2) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting; and

(3) The written input includes educational and behavioral strengths and needs of the child as related to the IEP Team member's area of curriculum or related services.

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).