NC 1503-4.2 IEP Team

Plain English summary

This regulation establishes the required composition of the IEP Team for each child with a disability, specifying mandatory participants including parents, regular and special education teachers, an LEA representative, and an evaluation interpreter, as well as optional members. It also sets rules for team member attendance, excusal procedures, transition services participants, and the transition from Part C services.

Key requirements

• The LEA must ensure that the IEP Team for each child with a disability includes the parent(s) of the child.
• Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment).
• Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child.
• A representative of the LEA who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; is knowledgeable about the general education curriculum; and is knowledgeable about the availability of resources of the public agency.
• An individual who can interpret the instructional implications of evaluation results.
• Whenever appropriate, the child with a disability.
• The LEA must invite a child with a disability to attend the IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under NC 1503-4.1(b).
• If the child does not attend the IEP Team meeting, the LEA must take other steps to ensure that the child's preferences and interests are considered.
• To the extent appropriate, with the consent of the parent(s) or a child who has reached the age of majority, the LEA must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
• A member of the IEP Team is not required to attend an IEP meeting if the parent(s) and the LEA agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.
• A required member of the IEP Team may be excused from attending an IEP meeting when the meeting involves modification to or discussion of the member's area, if the parent(s), in writing, and the public agency consent to the excusal, and the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.
• In the case of a child who was previously served under Part C of the IDEA, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.
• The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) must be made by the party (parent(s) or LEA) who invited the individual to be a member of the IEP Team.
• An LEA may designate a school employee who is a member of the IEP Team to also serve as the LEA representative, if the criteria in paragraph (a)(4) are satisfied.

Affected parties

• Students with disabilities
• Parents of children with disabilities
• Local Education Agencies (LEAs)
• Regular education teachers
• Special education teachers
• Special education providers
• LEA representatives
• Related services personnel
• Part C service coordinators
• Participating transition agencies

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=77