§ 300.323 When IEPs must be in effect.

Plain English summary

This section establishes when and how Individualized Education Programs (IEPs) must be in effect for children with disabilities. It requires public agencies to have IEPs in place at the start of each school year, mandates that initial IEPs be developed within 30 days of eligibility determination, and sets out specific continuity-of-services requirements when children transfer between public agencies within or across state lines.

Key requirements

• At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in § 300.320.
• The IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations for children aged three through five.
• The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is consistent with State policy and agreed to by the agency and the child's parents.
• The public agency must provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP.
• If the parents choose an IFSP, obtain written informed consent from the parents.
• A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services.
• As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP.
• The child's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation.
• Each teacher and provider is informed of his or her specific responsibilities related to implementing the child's IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
• If a child transfers to a new public agency in the same State within the same school year, the new public agency must provide FAPE including services comparable to those described in the child's IEP from the previous public agency, until the new public agency adopts the child's IEP or develops, adopts, and implements a new IEP.
• If a child transfers from another State within the same school year, the new public agency must provide FAPE including services comparable to those described in the child's IEP from the previous public agency, until the new public agency conducts an evaluation (if necessary) and develops, adopts, and implements a new IEP if appropriate.
• The new public agency must take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents, from the previous public agency.
• The previous public agency must take reasonable steps to promptly respond to the request from the new public agency.

Affected parties

• public agencies (LEAs)
• state educational agencies (SEAs)
• children with disabilities
• parents of children with disabilities
• regular education teachers
• special education teachers
• related services providers
• other service providers responsible for IEP implementation
• previous public agencies (in transfer situations)
• new public agencies (in transfer situations)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.323