Attachment A presents the Federal regulations for Individualized Education Programs (IEP). These regulations cover areas such as IEP meetings; the IEP team; parent participation; and the development, review, and revision of the IEP.

Under §300.347--"Content of IEP"--we have included additional guidance on the various parts of the IEP. Generally, this guidance comes from Appendix A and Attachment 1 of the federal regulations for IDEA, which were published March 12, 1999, in the Federal Register.

This extra information is intended to highlight and clarify what information needs to be included in a child’s IEP.

Individualized Education Programs

§ 300.340 Definitions related to IEPs.

(a) Individualized education program. As used in this part, the term individualized education program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.341-300.350.

(b) Participating agency. As used in § 300.348, participating agency means a State or local agency, other than the public agency responsible for a student's education, that is financially and legally responsible for providing transition services to the student.

(Authority: 20 U.S.C. 1401(11), 1312(a)(10)(B))

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§ 300.341 Responsibility of SEA and other public agencies for IEPs.

(a) The SEA shall ensure that each public agency-

(1) Except as provided in §§ 300.450-300.462, develops and implements an IEP for each child with a disability served by that agency; and

(2) Ensures that an IEP is developed and implemented for each eligible child placed in or referred to a private school or facility by the public agency.

(b) Paragraph (a) of this section applies to-

(1) The SEA, if it is involved in providing direct services to children with disabilities, in accordance with 300.370(a) and (b)(1); and

(2) Except as provided in § 300.600(d), the other public agencies described in § 300.2, including LEAs and other State agencies that provide special education and related services either directly, by contract, or through other arrangements.

(Authority: 20 U.S.C. 1412(a)(4), (a)(10)(B))

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§ 300.342 When IEPs must be in effect.

(a) General. At the beginning of each school year, each public agency shall have an IEP in effect for each child with a disability within its jurisdiction.

(b) Implementation of IEPs. Each public agency shall ensure that-

(1) An IEP-

(i) Is in effect before special education and related services are provided to an eligible child under this part; and

(ii) Is implemented as soon as possible following the meetings described under § 300.343;

(2) The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and

(3) Each teacher and provider described in paragraph (b)(2) of this section is informed of-

(i) His or her specific responsibilities related to implementing the child's IEP; and

(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

(c) IEP or IFSP for children aged 3 through 5.

(1) In the case of a child with a disability aged 3 through 5 (or, at the discretion of the SEA a 2-year-old child with a disability who will turn age 3 during the school year), an IFSP that contains the material described in section 636 of the Act, and that is developed in accordance with 300.341- 300.346 and 300.349-300.350, may serve as the IEP of the child if using that plan as the IEP is-

(i) Consistent with State policy; and

(ii) Agreed to by the agency and the child's parents.

(2) In implementing the requirements of paragraph (c)(1) of this section, the public agency shall-

(i) Provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP; and

(ii) If the parents choose an IFSP, obtain written informed consent from the parents.

(d) Effective date for new requirements. All IEPs developed, reviewed, or revised on or after July 1, 1998 must meet the requirements of §§ 300.340- 300.350.

(Authority: 20 U.S.C. 1414(d)(2)(A) and (B), Pub. L. 105-17, sec. 201(a)(2)(A), (C)

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§ 300.343 IEP meetings.

(a) General. Each public agency is responsible for initiating and conducting meetings for the purpose of developing, reviewing, and revising the IEP of a child with a disability (or, if consistent with § 300.342(c), an IFSP).

(b) Initial IEPs; provision of services. (1) Each public agency shall ensure that within a reasonable period of time following the agency's receipt of parent consent to an initial evaluation of a child-

(i) The child is evaluated; and

(ii) If determined eligible under this part, special education and related services are made available to the child in accordance with an IEP.

(2) In meeting the requirement in paragraph (b)(1) of this section, a meeting to develop an IEP for the child must be conducted within 30 days of a determination that the child needs special education and related services.

(c) Review and revision of IEPs. Each public agency shall ensure that the IEP team- (

1) Reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

(2) Revises the IEP as appropriate to address-

(i) Any lack of expected progress toward the annual goals described in § 300.347(a), and in the general curriculum, if appropriate;

(ii) The results of any reevaluation conducted under § 300.536;

(iii) Information about the child provided to, or by, the parents, as described in 300.533(a)(1);

(iv) The child's anticipated needs; or

(v) Other matters.

(Authority: 20 U.S.C. 1413(a)(1), 1414(d)(4)(A))

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§ 300.344 IEP team.

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

(1) The parents of the child;

(2) At least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

(3) At least one special education teacher of the child, or if appropriate, at least one special education provider of the child;

(4) A representative of the public agency who-

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general curriculum; and

(iii) Is knowledgeable about the availability of resources of the public agency;

(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (6) of this section;

(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) If appropriate, the child.

(b) Transition services participants. (1) Under paragraph (a)(7) of this section, the public agency shall invite a student with a disability of any age to attend his or her IEP meeting if a purpose of the meeting will be the consideration of-

(i) The student's transition services needs under § 300.347(b)(1);

(ii) The needed transition services for the student under § 300.347(b)(2); or

(iii) Both.

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

(3)(i) In implementing the requirements of 300.347(b)(2), the public agency also shall invite a representative of any other agency that is likely to be responsible for providing or paying for transition services.

(ii) If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain participation of the other agency in the planning of any transition services.

(c) Determination of knowledge and special expertise. The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) of this section shall be made by the party (parents or public agency) who invited the individual to be a member of the IEP.

(d) Designating a public agency representative. A public agency may designate another public agency member of the IEP team to also serve as the agency representative, if the criteria in paragraph (a)(4) of this section are satisfied.

(Authority: 20 U.S.C. 1401(30), 1414(d)(1)(A)(7), (B))

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§ 300.345 Parent participation.

(a) Public agency responsibility-general. Each public agency shall take steps to ensure that one or both of the parents of a child with a disability are present at each IEP meeting or are afforded the opportunity to participate, including-

(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(2) Scheduling the meeting at a mutually agreed on time and place.

(b) Information provided to parents. (1) The notice required under paragraph (a)(1) of this section must-

(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and

(ii) Inform the parents of the provisions in 300.344(a)(6) and (c) (relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child).

(2) For a student with a disability beginning at age 14, or younger, if appropriate, the notice must also-

(i) Indicate that a purpose of the meeting will be the development of a statement of the transition services needs of the student required in 300.347(b)(1); and

(ii) Indicate that the agency will invite the student.

(3) For a student with a disability beginning at age 16, or younger, if appropriate, the notice must-

(i) Indicate that a purpose of the meeting is the consideration of needed transition services for the student required in § 300.347(b)(2);

(ii) Indicate that the agency will invite the student; and

(iii) Identify any other agency that will be invited to send a representative.

(c) Other methods to ensure parent participation. If neither parent can attend, the public agency shall use other methods to ensure parent participation, including individual or conference telephone calls.

(d) Conducting an IEP meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case the public agency must have a record of its attempts to arrange a mutually agreed on time and place, such as-

(1) Detailed records of telephone calls made or attempted and the results of those calls;

(2) Copies of correspondence sent to the parents and any responses received; and

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

(e) Use of interpreters or other action, as appropriate. The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings at the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

(f) Parent copy of child's IEP. The public agency shall give the parent a copy of the child's IEP at no cost to the parent.

(Authority: 20 U.S.C. 1414(d)(1)(B)(i))

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§ 300.346 Development, review, and revision of IEP.

(a) Development of IEP. (1) General. In developing each child's IEP, the IEP team, shall consider-

(i) The strengths of the child and the concerns of the parents for enhancing the education of their child;

(ii) The results of the initial or most recent evaluation of the child; and

(iii) As appropriate, the results of the child's performance on any general State or district-wide assessment programs.

(2) Consideration of special factors. The IEP team also shall-

(i) In the case of a child whose behavior impedes his or her learning or that of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior;

(ii) 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;

(iii) 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;

(iv) 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

(v) Consider whether the child requires assistive technology devices and services.

(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 paragraph (a) of this section.

(c) Statement in IEP. If, in considering the special factors described in paragraphs (a)(1) and (2) of this section, the IEP team determines that a child needs a particular device or service (including an intervention, accommodation, or other program modification) in order for the child to receive FAPE, the IEP team must include a statement to that effect in the child's IEP.

(d) 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 child's IEP, including assisting in the determination of-

(1) Appropriate positive behavioral interventions and strategies for the child; and

(2) Supplementary aids and services, program modifications or supports for school personnel that will be provided for the child, consistent with

300.347(a)(3).

(e) Construction. Nothing in this section shall be construed to require the IEP team to include information under one component of a child's IEP that is already contained under another component of the child's IEP.

(Authority: 20 U.S.C. 1414(d)(3) and (4)(B) and (e))

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§ 300.347 Content of IEP.

"(a) General. The IEP for each child with a disability must include-

"(1) A statement of the child's present levels of educational performance, including-

"(i) How the child's disability affects the child's involvement and progress in the general curriculum (i.e., the same curriculum as for nondisabled children); or

"(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;

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Additional Guidance

An IEP must include measurable annual goals that relate to meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum, and to meeting each of the child's other educational needs that result from the child's disability [34 CFR §300.347(a)(2)]. Thus, if a child's unique needs require goals that address the child's present levels of educational performance in nonacademic areas of instructional need, such as behavioral skills, communication and language skills, self-determination skills, job-related skills, independent living skills, or social skills, the statement of present levels of educational performance in the child's IEP should provide information regarding the child's present levels of educational performance in those areas.

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"(2) A statement of measurable annual goals, including benchmarks or short-term objectives, related to-

"(i) Meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum (i.e., the same curriculum as for nondisabled children), or for preschool children, as appropriate, to participate in appropriate activities; and

"(ii) Meeting each of the child's other educational needs that result from the child's disability;

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Additional Guidance

Each annual goal must include either short-term objectives or benchmarks. The purpose of both is to enable a child's teacher(s), parents, and others involved in developing and implementing the child's IEP, to gauge, at intermediate times during the year, how well the child is progressing toward achievement of the annual goal. [Appendix A to 34 CFR Part 300-Notice of Interpretation (Appendix A), Response to Question 1, 64 Federal Register, page 12471 (March 12, 1999).]

An IEP team may use either short-term objectives (that generally break the skills described in the annual goal down into discrete components) or benchmarks (which can be thought of as describing the amount of progress the child is expected to make within specified segments of the year), or a combination of the two, depending on the nature of the annual goals and the needs of the child. [Appendix A to 34 CFR Part 300-Notice of Interpretation (Appendix A), Response to Question 1, 64 Federal Register, page 12471 (March 12, 1999).]

A child's IEP must include measurable annual goals that relate to meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum, and to meeting each of the child's other educational needs that result from the child's disability [34 CFR §300.347(a)(2)]. This may, depending on the child's needs, include annual goals that relate to the child's needs in such areas as behavioral skills, communication, self-determination skills, job-related skills, independent living skills, or social skills. public agency is not required to include in an IEP annual goals that relate to areas of the general curriculum in which the child's disability does not affect the child's ability to be involved in and progress in the general curriculum. If a child needs only modifications or accommodations in order to progress in an area of the general curriculum, the IEP does not need to include a goal for that area; however the IEP would need to specify those modifications or accommodations. [Appendix A, Response to Question 4, 64 Federal Register, page 12472 (March 12, 1999).]

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"(3) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child-

"(i) To advance appropriately toward attaining the annual goals;

"(ii) To be involved and progress in the general curriculum in accordance with paragraph (a)(1) of this section and to participate in extracurricular and other nonacademic activities; and

"(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section;

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Additional Guidance

The type and amount of services to be provided must be stated in the IEP, so that the level of the agency's commitment of resources will be clear to parents and other IEP team embers. [Appendix A, Response to Question 35, 64 Federal Register, page 12479 (March 12, 1999).]

The amount of time to be committed to each of the various services to be provided must be appropriate to the specific service and stated in the IEP in a manner that is clear to all who are involved in both the development and implementation of the IEP. [Appendix A, Response to Question 35, 64 Federal Register, page 12479 (March 12, 1999).]

The amount of a special education or related service to be provided to a child may be stated in the IEP as a range (e.g., speech therapy to be provided three times a week for 30-45 minutes per session) only if the IEP team determines that stating the amount of the services as a range is necessary to meet the unique needs of the child. For example, it would be appropriate for the IEP to specify, based upon the IEP team's determination of the student's unique needs, that particular services are needed only under specific circumstances, such as the occurrence of a seizure or of a particular behavior. A range may not be used because of personnel shortages or uncertainty regarding the availability of staff. [Appendix A, Response to Question 35, 64 Federal Register, page 12479 (March 12, 1999).]

The term "on behalf of the child" includes, among other things, services that are provided to the parents or teacher of the child with a disability to help them to more effectively work with the child. . . Supports for school personnel could also include special training for a child's teacher. However, in order for the training to meet the requirements of §300.347(a)(3), it would normally be targeted directly to on assisting the teacher to meet a unique and specific need of the child, and not simply to participate in an inservice training program that is generally available in a public agency. [Attachment 1-Analysis of Comments and Changes (Attachment 1), 64 Federal Register, page 12593 (March 12, 1999).]

If the IEP team determines that a child with a disability needs extended school year services to receive a free appropriate public education , the public agency must ensure that the child receives those services. A public agency may not-(i) Limit extended school year services to particular categories of disability; or (ii) Unilaterally limit the type, amount, or duration of those services. 34 CFR §300.309(a).

Section 300.346(a)(1) requires that, in developing each child's IEP, the IEP team, shall consider-(i) The strengths of the child and the concerns of the parents for enhancing the education of their child; (ii) The results of the initial or most recent evaluation of the child; and (iii) As appropriate, the results of the child's performance on any general State or district-wide assessment programs.

Section 300.346(a)(2) requires that the IEP team also:

i. In the case of a child whose behavior impedes his or her learning or that of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior;

ii. 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;

iii. 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;

iv. 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

v. Consider whether the child requires assistive technology devices and services.

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"(4) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(3) of this section;

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Additional Guidance

The IEP team must consider the extent, if any, to which the child will not participate with nondisabled children in the regular class; the general curriculum; and in extracurricular and other nonacademic activities. If the IEP team determines that the child cannot participate full time with nondisaled children in the regular classroom, the general curriculum, and in extracurricular and other nonacademic activities, the IEP must include a statement that explains why full participation is not possible. [Attachment 1, 64 Federal Register, page 12593 (March 12, 1999).]

The IEP team must consider whether or not the child's education can be achieved satisfactorily in the regular classes with the use of supplementary aids and services. The IEP team must consider the full range of supplementary aids and services that if provided, would facilitate the student's placement in the regular classroom. [Appendix A, Response to Question 1, 64 Federal Register, page 12471 (March 12, 1999).]

In determining the extent, if any, to which a child with a disability will be removed from the regular educational environment, a public agency must ensure that:

(1) such removal occurs only if the nature or severity of the child's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily [34 CFR §300.550(b)(2)];

(2) a child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum [34 CFR §300.552(e)]; and

(3) each child with a disability participates with nondisabled children in nonacademic and extracurricular services and activities to the maximum extent appropriate (34 CFR §300.553).

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"(5)(i) A statement of any individual modifications in the administration of State or district-wide assessments of student achievement that are needed in order for the child to participate in the assessment; and

"(ii) If the IEP team determines that the child will not participate in a particular State or district-wide assessment of student achievement (or part of an assessment), a statement of-

"(A) Why that assessment is not appropriate for the child; and

"(B) How the child will be assessed;

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Additional Guidance

The IEP for a child with a disability must include a statement of any needed modifications in the administration of State or district-wide assessments, and must, if the IEP team determines that it is not appropriate for the child to participate in a particular assessment, provide a statement of why the particular assessment is not appropriate for the child and how the child will be assessed [34 CFR §300.347(a)(5)]. If the IEP does not indicate any needed modifications or that the particular assessment is not appropriate for the child, this is an indication that the IEP team has determined that the child will participate without modifications in the assessment.

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"(6) The projected date for the beginning of the services and modifications described in paragraph (a)(3) of this section, and the anticipated frequency, location, and duration of those services and modifications; and

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Additional Guidance

An IEP that clearly states how often, how long and in what location the public agency will provide the specified services and modifications, and when services and/or modifications will begin meets the requirements of 34 CFR §300.347(a)(6).

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"(7) A statement of-

"(i) How the child's progress toward the annual goals described in paragraph (a)(2) of this section will be measured; and

"(ii) How the child's parents will be regularly informed (through such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress, of-

"(A) Their child's progress toward the annual goals; and

"(B) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year.

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Additional Guidance

Each public agency may determine the appropriate method for informing parents of their child's progress. However, the agency "must ensure that whatever methods, or combination of methods, is adopted provides sufficient information to enable parents to be informed of (1) their child's progress toward the annual goals, and (2) the extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year." [Attachment 1, 64 Federal Register, page 12594 (March 12, 1999).]

Generally, reports to parents are not expected to be lengthy or burdensome. The statement of the annual goals and short-term objectives or benchmarks in the child's current IEP could serve as the base document for briefly describing the child's progress. [Attachment 1, 64 Federal Register, page 12594 (March 12, 1999).]

The IEP team must revise the IEP to address any lack of expected progress toward the annual goals and in the general curriculum [34 CFR §300.343(c)(2)(i)].

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"(b) Transition services. The IEP must include-

"(1) For each student with a disability beginning at age 14 (or younger, if determined appropriate by the IEP team), and updated annually, a statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study (such as participation in advanced-placement courses or a vocational education program); and

"(2) For each student beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed transition services for the student, including, if appropriate, a statement of the interagency responsibilities or any needed linkages.

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Additional Guidance

The IEP team, in determining appropriate measurable annual goals (including benchmarks or short term objectives) and services for a student, must determine what instruction and educational experiences will assist the student to prepare for transition for secondary education to post-secondary life. [Appendix A, Response to Question 11, 64 Federal Register, page 12474 (March 12, 1999).]

Although the focus of the transition planning process may shift as the student approaches graduation, the IEP team must discuss specific areas beginning at least at age of 14 years, and review these areas annually. [Appendix A, Response to Question 11, 64 Federal Register, page 12474 (March 12, 1999). ]

If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with 34 CFR §300.347(b)(1), the public agency shall reconvene the IEP team to identify alternative strategies to meet the transition objective for the student set out in the IEP [34 CFR §300.348(a)].

Nothing in Part B relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency [34 CFR §300.348(b)].

If during the course of the IEP meeting, the team identifies additional agencies that are likely to be responsible for providing or paying for transition services for the student, the public agency must determine how it will meet the requirements of §300.344. [Appendix A, Response to Question 13, 64 Federal Register, page 12475 (March 12, 1999).]

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"(c) Transfer of rights. In a State that transfers rights at the age majority, beginning at least one year before a student reaches the age of majority under State law, the student's IEP must include a statement that the student has been informed of his or her rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority, consistent with § 300.517.

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Additional Guidance

If the public agency receives notice of the student's legal incompetence, so that no rights transfer to the student at the age of majority, the IEP need not include this statement. Attachment 1, 64 Federal Register, page 12594 (March 12, 1999).

The IEP could include a description of the rights that have been transferred, but it need not.

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"(d) Students with disabilities convicted as adults and incarcerated in adult prisons. Special rules concerning the content of IEPs for students with disabilities convicted as adults and incarcerated in adult prisons are contained in § 300.311(b) and (c).

(Authority: 20 U.S.C. 1414(d)(1)(A) and (d)(6)(A)(ii))

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§ 300.348 Agency responsibilities for transition services.

(a) If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with § 300.347(b)(1), the public agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP.

(b) Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

(Authority: 20 U.S.C. 1414(d)(5); 1414(d)(1)(A)(vii))

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§ 300.349 Private school placements by public agencies.

(a) Developing IEPs. (1) Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency shall initiate and conduct a meeting to develop an IEP for the child in accordance with §§ 300.346 and 300.347.

(2) The agency shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.

(b) Reviewing and revising IEPs. (1) After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency. (

2) If the private school or facility initiates and conducts these meetings, the public agency shall ensure that the parents and an agency representative-

(i) Are involved in any decision about the child's IEP; and

(ii) Agree to any proposed changes in the IEP before those changes are implemented.

(c) Responsibility. Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the public agency and the SEA.

(Authority: 20 U.S.C. 1412(a)(10)(B))

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§ 300.350 IEP-accountability.

(a) Provision of services. Subject to paragraph (b) of this section, each public agency must-

(1) Provide special education and related services to a child with a disability in accordance with the child's IEP; and

(2) Make a good faith effort to assist the child to achieve the goals and objectives or benchmarks listed in the IEP.

(b) Accountability. Part B of the Act does not require that any agency, teacher, or other person be held accountable if a child does not achieve the growth projected in the annual goals and benchmarks or objectives. However, the Act does not prohibit a State or public agency from establishing its own accountability systems regarding teacher, school, or agency performance.

(c) Construction-parent rights. Nothing in this section limits a parent's right to ask for revisions of the child's IEP or to invoke due process procedures if the parent feels that the efforts required in paragraph (a) of this section are not being made.

(Authority: 20 U.S.C. 1414(d)); Cong. Rec. at H7152 (daily ed., July 21, 1975))