§ 300.321 IEP Team.

Plain English summary

Establishes mandatory composition and procedures for IEP Teams serving students with disabilities, specifying required members (parents, regular and special education teachers, qualified agency representative, evaluation interpreter, and student when appropriate), member qualifications and role designations, attendance and excusal requirements, transition services meeting participation procedures, and provisions for Part C service coordinator involvement in initial meetings to facilitate service transitions.

Key requirements

• IEP Team must include parents of the child
• IEP Team must include at least one regular education teacher if child participates or may participate in regular education
• IEP Team must include at least one special education teacher or special education provider
• IEP Team must include public agency representative qualified to provide/supervise specially designed instruction, knowledgeable about general curriculum and agency resources
• IEP Team must include individual who can interpret instructional implications of evaluation results
• Public agency must invite student to IEP meeting when postsecondary goals and transition services will be considered
• If student does not attend transition services IEP meeting, agency must take other steps to ensure student's preferences and interests are considered
• Public agencies must invite representatives of participating agencies likely responsible for providing/paying for transition services for students age of majority
• Knowledge/special expertise of IEP Team members must be determined by the party who invited them
• Public agency may designate one member to serve dual roles (public agency representative and curriculum/services member) if criteria are met
• IEP Team members may be excused from attendance if parent and agency agree in writing that member's area is not being modified/discussed
• When member's curriculum or related services are being modified/discussed, excusal requires written parent and agency consent plus written input from member prior to meeting
• Initial IEP Team meeting invitation must be sent to Part C service coordinator or Part C system representative at parent's request
• Purpose of Part C coordinator participation is to ensure smooth transition of services between Part C and Part B programs

Affected parties

• Public agencies/LEAs
• Parents of children with disabilities
• Students with disabilities
• Regular education teachers
• Special education teachers/providers
• Related services personnel
• IEP Team members
• Participating transition service agencies
• Students with disabilities reaching age of majority
• Part C service coordinators
• Part C system representatives

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.321