<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 13A.05.01.07" title_num="13A" subtitle_num="05" chapter_num="01" heading="Individualized Education Program (IEP) Team.">
  <paragraph num="A.">
    <text>IEP Team Members.</text>
    <paragraph num="(1)">
      <text>A public agency shall ensure that the IEP team for a student with a disability includes:</text>
      <paragraph num="(a)">
        <text>The parents of the student;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not less than one regular education teacher of the student, if the student is or may be participating in the regular education environment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Not less than one special education teacher, or not less than one special education provider of the student;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A representative of the public agency who is:</text>
        <paragraph num="(i)">
          <text>Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Knowledgeable about the general curriculum and about the availability of resources of the public agency;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>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</text>
      </paragraph>
      <paragraph num="(g)">
        <text>The student, if appropriate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>The student; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A representative of any other agency that is likely to be responsible for providing or paying for transition services, with the consent of the:</text>
        <paragraph num="(i)">
          <text>Student's parent; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Student, if the student has reached the age of majority in accordance with Education Article, §8-412.1, Annotated Code of Maryland.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>IEP Team Meetings.</text>
    <paragraph num="(1)">
      <text>A public agency shall ensure that an IEP team meets:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>To develop, review, and revise, as appropriate, a student's IEP in accordance with 34 CFR §300.324.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>IEP Team Attendance.</text>
    <paragraph num="(1)">
      <text>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).</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>The parent and the public agency consent to the excusal of the IEP team member; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The member submits a written summary of input into the development of the IEP to the student's parent and the IEP team.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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).</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Parent Participation.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Address disciplinary issues;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Determine the placement of the student with a disability not currently receiving educational services; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Meet other urgent needs of the student to ensure the provision of FAPE.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The completed IEP not later than 5 business days after a scheduled IEP or other multidisciplinary team meeting.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Efforts to obtain the participation of the parent include:</text>
      <paragraph num="(a)">
        <text>Scheduling the IEP meeting at a mutually agreed on time and place; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Indicating, as part of the written notice:</text>
        <paragraph num="(i)">
          <text>The purpose, time, date, and location of the meeting;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Who will be in attendance;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>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</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>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).</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>For a student with a disability who is 14 years old, or younger if appropriate, the written notice shall indicate that:</text>
      <paragraph num="(a)">
        <text>A purpose of the meeting will be the consideration of postsecondary goals and transition services for the student; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The public agency will invite the student.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A meeting may be conducted without a parent in attendance if the public agency:</text>
      <paragraph num="(a)">
        <text>Is unable to convince the parent to attend; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has a record of its attempts to arrange a mutually agreed on time and place, such as:</text>
        <paragraph num="(i)">
          <text>Detailed records of telephone calls made or attempted and the results of those attempts,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Copies of correspondence sent to the parent and any responses received, or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Detailed records of visits made to the parent's home or place of employment and the results of those visits.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>The public agency shall provide a copy of the IEP to the parent at no cost.</text>
    </paragraph>
  </paragraph>
</regulation>