Sec. 13a.05.01.08. Individualized Education Program (IEP) Team Responsibilities

A. IEP Development.

(1) A public agency shall ensure that an IEP team meets to develop an IEP for a student with a disability within 30 days of the evaluation.

(2) Transition from a Local Infants and Toddlers Program.

(a) If a child transitioning from a local infants and toddlers program is determined to be a student with a disability or developmental delay in accordance with Regulation .06B of this chapter, the public agency shall:

(i) Ensure that an IEP team meets in a timely manner to determine a child’s eligibility for special education and related services before the child’s third birthday;

(ii) Invite the child’s local infants and toddlers service coordinator or other representatives of the local infants and toddlers program to assist with a smooth transition of services, consistent with Regulation .07A(8) of this chapter; and

(iii) Ensure that the student’s IEP is in effect on the student’s third birthday in accordance with Regulation .09 of this chapter if a child’s family chooses to receive preschool special education services.

(b) The IEP team shall consider the student's individual family service plan when developing the child's IEP, in accordance with §A(2)(a)(i) of this regulation.

(3) In developing an IEP, the IEP team shall consider and document:

(a) Strengths of the student;

(b) Concerns of the parent for enhancing the education of the student;

(c) Results of the initial or most recent evaluation;

(d) Communication needs of the student;

(e) Whether the student requires assistive technology devices and services;

(f) The results of the student's performance on Statewide, district-wide, or alternative assessment programs, as appropriate; and

(g) The academic, developmental, and functional needs of the student.

(4) If a student's behavior impedes the student's learning or the learning of others, the IEP team shall consider strategies, including positive behavioral interventions, strategies, and supports, to address that behavior, as appropriate.

(5) If a student is limited English proficient, the IEP team shall consider the language needs of the student as these needs relate to the student's IEP.

(6) Blind or Visually Impaired Students.

(a) If a student is blind or visually impaired, the IEP team shall provide for instruction in:

(i) Braille and the use of braille, including textbooks in braille, unless the IEP team determines that instruction in braille is not appropriate for the student in accordance with 34 CFR §300.324(a)(2)(iii), Education Article, §8-408, Annotated Code of Maryland, and COMAR 13A.06.05.01; and

(ii) Orientation and mobility, unless the IEP team determines that instruction in orientation and mobility is not appropriate for the student in accordance with Education Article, §8-408, Annotated Code of Maryland, and §A(6)(b)-(d) of this regulation.

(b) If the IEP team determines that instruction in orientation and mobility is not appropriate for the student, the IEP team shall order an orientation and mobility assessment, consistent with guidelines established by the Department, that:

(i) Includes input from the student’s parent or guardian;

(ii) Includes input from the student’s classroom teacher; and

(iii) Takes into consideration the student’s age, current and future needs, ability to function in familiar and unfamiliar areas, and ability to function under various lighting conditions.

(c) To be qualified to conduct an orientation and mobility assessment under §A(6)(b) of this regulation or provide orientation and mobility instruction, an individual shall:

(i) Hold a Bachelor’s degree from an accredited college or university; and

(ii) Have completed any one of the credentialing options listed in §A(6)(d) of this regulation.

(d) Credentialing Options. To meet the credentialing requirement under §A(6)(c) of this regulation, an individual may:

(i) Hold a certificate as a Certified Orientation and Mobility Specialist (COMS) from the Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP);

(ii) Hold National Orientation and Mobility Certification (NOMC) from the National Blindness Professional Certification Board (NBPCB); or

(iii) Complete all requirements of a university-based program in orientation and mobility, including a supervised internship or externship in orientation and mobility.

(7) If a student is deaf or hard of hearing, the IEP team shall consider the student's:

(a) Language and communication needs;

(b) Opportunities for direct communication with peers and professional personnel in the student's language and mode of communication; and

(c) Academic level and full range of needs, including opportunities for direct instruction in the student's language and mode of communication.

(8) When considering the factors as described in §A(3)-(7) of this regulation, if the IEP team determines that a student with a disability needs a particular device or service, including intervention, accommodations, or other program modifications, to receive FAPE, the student's IEP shall include a statement to that effect.

(9) As a member of the IEP team, a regular education teacher of the student shall, to the extent appropriate, participate in the development of the student's IEP. Participation includes assisting in the determination of:

(a) Appropriate positive behavioral interventions and strategies for the student; and

(b) Supplementary aids and services, program modifications, and supports for school personnel, consistent with 34 CFR §300.320(a)(4) and Regulation .09A(1)(d) of this chapter.

(10) The IEP team shall consider a student's need for transportation as a related service as defined in Regulation .03B(65) of this chapter to assist a student to benefit from special education in accordance with 34 CFR §300.34.

(11) Each public agency shall ensure that hearing aids or the external components of surgically implanted medical devices worn in school by students with hearing impairments are functioning properly, in accordance with 34 CFR §300.113.

B. IEP Review.

(1) A public agency shall ensure that the IEP team meets periodically, but not less than annually, to review and revise the IEP, as appropriate, to:

(a) Determine whether the annual goals for the student are being achieved;

(b) Address any lack of expected progress in the annual goals or in the general curriculum;

(c) Review data and information from assessment procedures conducted as part of the reevaluation in Regulation .06 of this chapter, as appropriate;

(d) Address any information about the student provided to or by the parent;

(e) Address the student's anticipated needs; and

(f) Discuss other matters, as identified on the notice of the IEP team meeting.

(2) Extended School Year Services.

(a) At least annually, the IEP team shall determine whether the student requires the provision of extended school year services in accordance with Education Article, §8-405, Annotated Code of Maryland.

(b) The IEP team shall consider:

(i) Whether the student's IEP includes annual goals related to critical life skills;

(ii) Whether there is a likelihood of substantial regression of critical life skills caused by the normal school break in the regular school year and a failure to recover those lost skills in a reasonable time;

(iii) The student's degree of progress toward mastery of IEP goals related to critical life skills;

(iv) The presence of emerging skills or breakthrough opportunities;

(v) Interfering behaviors;

(vi) The nature and severity of the disability; and

(vii) Special circumstances.

(c) Following the consideration of factors described in §B(2)(b) of this regulation, the IEP team shall determine whether the benefits the student with a disability gains during the regular school year will be significantly jeopardized if that student is not provided with an educational program during a normal break in the regular school year.

(3) A parent of a student with a disability or a public agency may request a meeting at any time to review and, as appropriate, revise the student's IEP.

(4) After the annual IEP meeting for a school year, the parent of a student with a disability and the public agency may agree to develop a written document amending or modifying a student's IEP without convening an IEP team meeting as described in §B(1) of this regulation, in accordance with 34 CFR §300.324(a)(4).

(5) Changes to a student's IEP may be made by:

(a) The student's IEP team, in accordance with §B(1) of this regulation; or

(b) Amending the student's IEP without redrafting the entire IEP, in accordance with §B(4) of this regulation.

(6) If a student's IEP is amended, the public agency shall ensure the IEP that incorporates the amendments is:

(a) Accessible to the student's service providers, as described in Regulation .09D(5) of this chapter; and

(b) Provided, on request, to the student's parent, consistent with 34 CFR §300.324(a)(6).