Sec. 13a.05.01.07. Individualized Education Program (IEP) Team

A. IEP Team Members.

(1) A public agency shall ensure that the IEP team for a student with a disability includes:

(a) The parents of the student;

(b) Not less than one regular education teacher of the student, if the student is or may be participating in the regular education environment;

(c) Not less than one special education teacher, or not less than one special education provider of the student;

(d) A representative of the public agency who is:

(i) Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, and

(ii) Knowledgeable about the general curriculum and about the availability of resources of the public agency;

(e) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in §A(1)(b)-(d) of this regulation;

(f) Other individuals, at the discretion of the parent or public agency, who have knowledge or special expertise regarding the student, including related service personnel, as appropriate; and

(g) The student, if appropriate.

(2) If a student does not have a regular teacher, or is younger than school age, the regular educator described in §A(1)(b) of this regulation shall be an individual qualified to teach a student of the student's age.

(3) When a purpose of the IEP meeting is to consider transition services, in accordance with 34 CFR §§300.320(b) and 300.321(b), and Regulation .09 of this chapter, the public agency shall ensure that the IEP team invites:

(a) The student; and

(b) A representative of any other agency that is likely to be responsible for providing or paying for transition services, with the consent of the:

(i) Student's parent; or

(ii) Student, if the student has reached the age of majority in accordance with Education Article, §8-412.1, Annotated Code of Maryland.

(4) If the student does not attend the meeting, the public agency shall take other steps to ensure that the student's preferences and interests are considered.

(5) If an invited representative of a participating agency does not attend the meeting, the public agency shall take other steps to obtain the involvement of the agency in the planning and provision of transition services.

(6) If a student with a disability attends a nonpublic school and is receiving, or may receive, special education and related services from a public agency, the public agency shall invite a representative of the nonpublic school.

(7) If a representative of the nonpublic school does not attend the meeting, the public agency shall take other steps to obtain the involvement of the nonpublic school, including individual or conference telephone calls.

(8) For the initial IEP team meeting of a child who was previously served by a local infants and toddlers program, the IEP team shall, at the request of the child’s parent, invite the local infants and toddlers program service coordinator or other representatives of the local infants and toddlers program to assist with the smooth transition of services, in accordance with COMAR 13A.13.01.09F.

B. IEP Team Meetings.

(1) A public agency shall ensure that an IEP team meets:

(a) To conduct an evaluation before the initial provision of special education and related services to a student with a disability in accordance with Regulation .06 of this chapter; and

(b) To develop, review, and revise, as appropriate, a student's IEP in accordance with 34 CFR §300.324.

(2) A public agency shall ensure that meetings to determine a student's need for extended school year services are conducted early enough in the school year to provide the parent the opportunity to request mediation or file a due process complaint in accordance with Regulation .15B and C of this chapter.

C. IEP Team Attendance.

(1) A member of the IEP team is not required to attend an IEP team meeting, in whole or in part, if the parent of a student with a disability and the public agency agree that attendance is not necessary because the member's area of curriculum or related services is not being modified or discussed, in accordance with 34 CFR §300.321(e)(1).

(2) A member of the IEP team may be excused from attending an IEP team meeting, in whole or in part, in accordance with 34 CFR §300.321(e)(2), when the meeting involves a modification to or discussion of the member's area of curriculum or related service, if, before the IEP team meeting:

(a) The parent and the public agency consent to the excusal of the IEP team member; and

(b) The member submits a written summary of input into the development of the IEP to the student's parent and the IEP team.

(3) The agreement of the parent and the public agency described in §C(1) of this regulation and the consent described in §C(2)(a) of this regulation shall be in writing, in accordance with 34 CFR §300.321(e).

D. Parent Participation.

(1) A public agency shall take steps to ensure that one or both of the parents of the student with a disability are present or are afforded an opportunity to attend and participate at meetings of the IEP team.

(2) The parent of a student with a disability shall be provided with written notice in advance of the meeting. Reasonable notice shall be at least 10 days in advance of the meeting, unless an expedited meeting is being conducted to:

(a) Address disciplinary issues;

(b) Determine the placement of the student with a disability not currently receiving educational services; or

(c) Meet other urgent needs of the student to ensure the provision of FAPE.

(3) Consistent with Education Article, §8-405(c), Annotated Code of Maryland, appropriate school personnel shall provide the parent of a student with a disability an accessible copy of:

(a) Each assessment, report, data chart, draft individualized education program (IEP), or other document the IEP team or other multidisciplinary team plans to discuss at that meeting, at least 5 business days before the scheduled meeting; and

(b) The completed IEP not later than 5 business days after a scheduled IEP or other multidisciplinary team meeting.

(4) Efforts to obtain the participation of the parent include:

(a) Scheduling the IEP meeting at a mutually agreed on time and place; and

(b) Indicating, as part of the written notice:

(i) The purpose, time, date, and location of the meeting;

(ii) Who will be in attendance;

(iii) That parents may invite other individuals to attend and participate as a member of an IEP team as described in §A(1)(f) of this regulation; and

(iv) That the determination of the knowledge or special expertise of an individual is made by the party who invited the individual in accordance with 34 CFR §300.321(c).

(5) For a student with a disability who is 14 years old, or younger if appropriate, the written notice shall indicate that:

(a) A purpose of the meeting will be the consideration of postsecondary goals and transition services for the student; and

(b) The public agency will invite the student.

(6) For a student with a disability who is 16 years old, or younger if appropriate, the written notice shall include the information in §D(4) of this regulation and shall identify any other agencies that may be invited to send a representative, consistent with §A(3)(b) of this regulation.

(7) If neither parent can attend, the public agency shall use other methods to ensure parent participation, including individual, video conference, or teleconference calls, consistent with 34 CFR §300.328.

(8) A meeting may be conducted without a parent in attendance if the public agency:

(a) Is unable to convince the parent to attend; and

(b) Has a record of its attempts to arrange a mutually agreed on time and place, such as:

(i) Detailed records of telephone calls made or attempted and the results of those attempts,

(ii) Copies of correspondence sent to the parent and any responses received, or

(iii) Detailed records of visits made to the parent's home or place of employment and the results of those visits.

(9) The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for a parent with deafness or whose native language is other than English.

(10) The public agency shall provide a copy of the IEP to the parent at no cost.